CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 11.1 The Effective Date of this Agreement shall be the date defined in Paragraph 1.1.17.
11.2 Performance of the obligations set forth in this Agreement is subject to all of the following material conditions:
(A) execution of this Agreement by Defendant, Representative Plaintiff, and Class Counsel.
(B) the granting of preliminary approval by the Court.
(C) sending of the notices described herein.
(D) the granting of final approval by the Court.
(E) execution and entry of Judgment by the Court.
(F) the occurrence of all other circumstances necessary for the Effective Date to arise.
11.3 The Parties hereby covenant and agree to cooperate reasonably and in good faith for the purpose of achieving occurrence of the conditions set forth above, including, without limitation, timely filing of all motions, papers and evidence necessary to do so, and refraining from causing or encouraging directly or indirectly any appeal or petition for writ proceedings by third parties seeking review of any order contemplated by this Agreement. Class Counsel represent and warrant that they have authority to take all such actions required of them pursuant to this Agreement, and that by doing so they are not in breach or violation of any agreement with Representative Plaintiff or any third party.
11.4 If this Agreement is not approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of November 10, 2022. In such event, the terms and provisions of this Agreement will have no further force and effect with respect to the Settling Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as vacated.
11.5 The Parties agree to request a stay of the Litigation pending approval of the Settlement.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 23 The Effective Date of this Settlement Agreement shall be the date the Court grants 24 final approval of this agreement.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 13.1. The Effective Date of this Agreement shall be the date the Judgment has become Final, as defined in Paragraph 2.12.
13.2. If this Agreement is not approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of the date the Motion for Preliminary Approval was filed. In such event, the terms and provisions of this Agreement will have no further force and effect with respect to the Settling Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as vacated.
13.3. No order of the Court or modification or reversal on appeal of any order of the Court concerning any award of attorneys’ fees, expenses, or costs to Class Counsel will constitute grounds for cancellation or termination of this Agreement.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 10.1 If this Agreement is not preliminarily or finally approved by the Court or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of the date of the Agreement. In such event, the terms and provisions of this Agreement will have no further force and effect and will not be used in this Litigation or in any other proceeding for any purpose to the fullest extent permitted by law, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as automatically vacated without further Court order, nunc pro tunc. If the Parties have established an escrow account, all funds placed therein by Defendant will be promptly returned pursuant to the escrow agreement.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 14.1 The Effective Date of this Agreement shall be the date the Judgment has become Final, provided however that no party has exercised any right to termination that may have arisen.
14.2 If this Agreement is terminated pursuant to Section 12, the Parties will be restored to their respective positions as of the dates on which the parties filed a stipulation of dismissal without prejudice in the Related Actions, and the limitations period for all FACTA claims of the Class Representatives and unnamed Settlement Class Members shall be tolled for the period of time between filing of the Related Actions and the date on which any termination of the Settlement occurs, such that, as of the date of any such termination, the statute of limitations for all of the Class Representatives’ and all Settlement Class Members’ FACTA claims shall be deemed to extend back to two years before the dates on which each of the Related Actions was filed. In the event of such termination, no further payments shall be made by Xxxxx to anyone in accordance with the terms of this Agreement and the Parties will bear their own costs and fees with regard to the efforts to obtain Court approval. In the event of any such termination, the terms and provisions of this Agreement will have no further force and effect with respect to the Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement will be treated as vacated.
14.3 The Parties agree to request a stay of the Action pending approval of the Settlement.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 2 12.1 The Effective Date of this Agreement shall be the date the Judgment has become 3 Final, as defined in Paragraph 1.1.14.
5 12.2 Performance of the obligations set forth in this Agreement is subject to all of the 7 (A) execution of this Agreement by Defendant, Representative Plaintiff, and Class Counsel. 9 (B) the granting of preliminary approval by the Court.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 23 12.1. The Effective Date of this Settlement Agreement shall be the date the Judgment 24 has become Final, as defined in Paragraph 1.10.
25 12.2. If this Settlement Agreement is not approved by the Court or the Settlement 26 Agreement is terminated or fails to become effective in accordance with the terms of this 27 Settlement Agreement, the Settling Parties will be restored to their respective positions in the 1 Litigation as of the day before the Motion for Preliminary Approval was filed. In such event, 2 except with respect to the Class Action Administrator’s fees, costs and expenses as provided in 3 Section 6 herein, the terms and provisions of this Settlement Agreement will have no further 4 force and effect with respect to the Settling Parties and will not be referenced or used in the 5 Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the
7 12.3. Any application by Class Counsel for attorneys’ fees, costs, and expenses is to be 8 considered by the Court separately and apart from its consideration of the fairness, 9 reasonableness, and adequacy of the Settlement, and any order or proceeding relating to the 10 award of fees and expenses, or any appeal of any order or proceeding relating to the award of 11 fees and expenses, or any appeal of any order relating thereto, shall not be grounds, or operate, to 12 terminate or cancel this Settlement Agreement.
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. 9 13.1 The Effective Date of this Agreement shall be the date the Judgment has become
11 13.2 If this Agreement is not approved by the Court or the Settlement is terminated or 12 fails to become effective in accordance with the terms of this Agreement, the Settling Parties will 13 be restored to their respective positions in the Litigation prior to execution of the Settlement 14
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. Case 3:15-cv-02320-JM-AHG Document 343-2 Filed 04/20/21 PageID.14667 Page 18 of 46 1 The Effective Date of this Settlement Agreement shall be the date the Court grants
CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION. If the Court does not approve the Settlement Agreement or the settlement is terminated or fails to become effective in accordance with the terms of the Settlement Agreement, the Parties and the Settlement Class Members will be restored to their positions in the Litigation as of the date of the Settlement Agreement. If that happens, the terms and provisions of the Settlement Agreement will have no further effect and may not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement will be treated as vacated. No order of the Court or of any appellate court concerning Class Counsel Fees and Expenses will constitute grounds for termination of the Settlement Agreement. In addition, Honda may withdraw from the Settlement Agreement, and render the settlement void, if the total number of exclusions exceeds 5 percent of the Settlement Class.
