Common use of CONDITIONAL NATURE OF AGREEMENT Clause in Contracts

CONDITIONAL NATURE OF AGREEMENT. 1. At Plaintiffs’ option, expressed in written notice to Defendant’s counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of Plaintiffs or the Settlement Class, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties. 2. At Defendant’s option, expressed in written notice to Class Counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if (a) the Court declines to certify the Settlement Class as provided in the Preliminary Approval Order; or (b) the Court materially alters any of the terms of this Agreement to the detriment of Defendant, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties.

CONDITIONAL NATURE OF AGREEMENT. 1. At Plaintiffs’ Plaintiff’s option, expressed in written notice to Defendant’s counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of Plaintiffs Plaintiff or the Settlement Class, or fails to enter the Preliminary Certification and Notice Approval Order or the Final Settlement Approval Order in substantially the form submitted by the Parties. 2. At Defendant’s option, expressed in written notice to Class Counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if (a) the Court declines to certify the Settlement Class as provided in the Preliminary Certification and Notice Approval Order; , or (b) the Court materially alters any of the terms of this Agreement to the detriment of Defendant, or fails to enter the Preliminary Certification and Notice Approval Order or the Final Settlement Approval Order in substantially the form submitted by the Parties.

CONDITIONAL NATURE OF AGREEMENT. 1. At Plaintiffs’ option, expressed in written notice to Defendant’s counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of Plaintiffs or the Settlement Class, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties. 2. At Defendant’s option, expressed in written notice to Lead Class Counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if (a) the Court declines to certify the Settlement Class as provided in the Preliminary Approval Order; or (b) the Court materially alters any of the terms of this Agreement to the detriment of Defendant, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties.

CONDITIONAL NATURE OF AGREEMENT. 1. At Plaintiffs’ option, expressed in written notice to DefendantXxxxxx’s counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of Plaintiffs or the Settlement Class, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties. 2. At DefendantBritax’s option, expressed in written notice to Class Plaintiffs’ Counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if (a) the Court declines to certify the Settlement Class as provided in the Preliminary Approval Order; , or (b) the Court materially alters any of the terms of this Agreement to the detriment of DefendantBritax, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties.