Common use of Termination by the Funder Clause in Contracts

Termination by the Funder. This Member Agreement terminates if and when the Funder: 27.1 Notifies the Members that:‌ 27.1.1 The Due Diligence was unsatisfactory; 27.1.2 In the Funder's opinion, a suitable Member with strong prospects of success in an Action is not willing to act as Representative; 27.1.3 In the Funder's opinion, there are insufficient Members in the Scheme; 27.1.4 The quantum of Claims is not sufficient for the Funder to commercially justify the likely costs of progressing the Action; or 27.1.5 In the Funder's opinion, it has an irreconcilable and unavoidable conflict of interest in continuing to be party to the Scheme; or 27.2 In its absolute discretion gives the Representative and/or all Members 15 Business Days written notice that Funder will exit the Scheme; or 27.3 In its absolute discretion gives the Member 15 Business Days written notice of termination of this Member Agreement; or 27.4 Expels the Member that is party to this Member Agreement from the Scheme pursuant to rule 26.‌

Appears in 1 contract

Sources: Representative Proceeding Funding Agreement

Termination by the Funder. This Member Agreement terminates if and when the Funder: 27.1 Notifies 28.1 notifies the Members that:‌that: 27.1.1 The Due Diligence was unsatisfactory; 27.1.2 In 28.1.1 in the Funder's opinion, a suitable Member with strong prospects of success in an Action is not willing to act as Representative; 27.1.3 In 28.1.2 in the Funder's opinion, there are insufficient Members in the Scheme; 27.1.4 The 28.1.3 the quantum of Claims is not sufficient for the Funder to commercially justify the likely costs of progressing the Action; or 27.1.5 In 28.1.4 in the Funder's opinion, it has an irreconcilable and unavoidable conflict of interest in continuing to be party to the Scheme; or 27.2 In 28.2 in its absolute discretion gives the Representative and/or all Members 15 Business Days written notice that Funder will exit the Scheme; or 27.3 In 28.3 in its absolute discretion gives the Member all Members 15 Business Days written notice of termination of this Member Agreement; or 27.4 Expels 28.4 expels the Member that is party to this Member Agreement from the Scheme pursuant to rule 26.‌27.

Appears in 1 contract

Sources: Funding Agreement

Termination by the Funder. This Member Agreement terminates if and when the Funder: 27.1 Notifies the Members that:‌Member that: 27.1.1 The Due Diligence was unsatisfactory; 27.1.2 In the Funder's opinion, a suitable Member with strong prospects of success in an Action is not willing to act as Representative; 27.1.3 In the Funder's opinion, there are insufficient Members in the Scheme; 27.1.4 The quantum of Claims is not sufficient for the Funder to commercially justify the likely costs of progressing the Action; or 27.1.5 In the Funder's opinion, it has an irreconcilable and unavoidable conflict of interest in continuing to be party to the Scheme; or 27.2 In its absolute discretion gives the Representative and/or all Members 15 Business Days written notice that the Funder will exit the Scheme; or 27.3 In its absolute discretion gives the Member 15 Business Days written notice of termination of this Member Agreement; or 27.4 Expels the Member that is party to this Member Agreement from the Scheme pursuant to rule 26.‌26.

Appears in 1 contract

Sources: Representative Proceeding Funding Agreement