Common use of Effect of Exceeding the Opt Clause in Contracts

Effect of Exceeding the Opt. Out Threshold (1) Notwithstanding any other provision in the Agreement, Concordia, in its sole discretion, may elect to terminate the Agreement if the Opt-Out Threshold is exceeded provided its election is made within twenty (20) days of receiving notice from both ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇▇▇ and Class Counsel notifying them of the information described in section 11.3. If Concordia does not elect to terminate the Agreement within this period, its right to terminate the Agreement pursuant to the provisions of this section will expire. (2) If the Opt-Out Threshold is not exceeded, Concordia’s right to terminate the Agreement pursuant to the provisions of this section is inoperative.