Common use of Conditions to Settlement Clause in Contracts

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) within ten (10) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated pursuant to Section 14(c), or fails to become effective in accordance with Section 14(b), then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminatedterminated and the entire Settlement Fund shall be promptly returned to Advia less only any possible amounts to reimburse the administrator per Paragraph 8.a. (c) This Agreement may be terminated by Defendant shall have the option if more than a percentage of class members which has been agreed to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-in writing by Plaintiff and Defendant timely opt out. In such case, Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten fifteen (1015) business days after the Bar Date To Opt Out. The parties will provide this agreed percentage number to Opt-Out, or the option to terminate shall be considered waivedcourt should the court request it. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement Settlement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Final Approval Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the sole option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement Settlement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Approval Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 Section 6, above, and all objections, if any, to such Order order are overruled, and all appeals taken from such Order order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) above, then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant Defendants shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant Defendants shall notify Class Counsel and the Court of its their intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 Section 6, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 3 above; (ii) The Court has entered the Final Approval Order as required by Sections 5 and 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated.terminated.‌ (c) Defendant shall have the option to terminate this Agreement if five percent (5%) percent or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 14 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)) immediately above, or fails to become effective in accordance with Section 14(b)Sections 14(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) percent or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) Defendant shall provide reasonable confirmatory discovery to confirm its overdraft and NSF fee practices and the amount of the APPSN and Retry Fees at issue. If the confirmatory discovery reveals either that the APPSN and Retry fees at issue are materially different than as provided in the Parties’ pre-mediation and mediation information exchange, then Plaintiffs may withdraw from the settlement. (e) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a13(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c13(c) within ten (10) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated pursuant to Section 14(c13(c), or fails to become effective in accordance with Section 14(b13(b), then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 5 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 7 and 7 8 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c16(c) within ten (10) business days after the later of receiving a report from the Claims Administrator that the opt out percentage has been exceeded or the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event If this Agreement is terminated pursuant under this Section 16, this Agreement shall be considered null and void; all of Plaintiff’s, Class Counsel’s, Defendant’s, and the Claims Administrator’s obligations under the Settlement shall cease to Section 14(c), or fails be of any force and effect; any amounts in the Settlement Fund shall be returned to become effective in accordance with Section 14(b), then Defendant and the parties shall be restored return to their respective the the positions they were in before they entered into this case as they existed as Agreement. In addition, in the event of such a termination, all of the date Parties’ respective pre-Settlement rights, claims, and defenses will be retained and preserved. Finally, after such a termination, the parties will file joint motions with the Court and the Court of Appeals to withdraw the limited remand of the execution of this Agreementcase and to establish a new briefing schedule in the Appeal. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding by Class Counsel, Plaintiff, any Class Member or any other person or agency for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.,

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 5 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 6 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 8 and 7 9 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a18(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 18 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)18(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 18(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 Section 7, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)1-6(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 8 and 7 9 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iiiii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) 10% or more of the Potential Settlement California Class Members opt-or of the National Class Members opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to under this Section 14(c15(c) within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated pursuant to terminated, under Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 3 above; (ii) The Court has entered the Final Approval Order as required by Sections 5 and 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) percent or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Approval Order, as required by Section 4 3 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and Section 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a13(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement members of the APSN Class Members opt-and Sufficient Funds Class opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) within ten (10) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)13(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 13(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor . In addition, any publicly disseminated information regarding the Agreement includingdiscussions, without limitationoffers, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter or negotiations associated with this Settlement shall not be discoverable or offered into evidence or used as evidence in any action or proceeding for any purpose whatsoeverpurpose. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 Section 9, above, and all objectionsobjections by Class Members or regulators, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iiiii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated, and shall be void in its entirety. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) Defendant shall have the option to terminate this Agreement if the Court awards attorneys’ fees or costs to any parties, including but not limited to Class Counsel or any other party, that are to be paid by Defendant separate and apart from the Settlement Fund. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(d) within ten (10) business days after entry of the order awarding any attorneys’ fees or costs separate and apart from the Settlement Fund, or the option to terminate shall be considered waived. (e) In the event this Agreement is terminated terminated, pursuant to Section Sections 14(c)) or (d) immediately above, or fails to become effective in accordance with Section 14(b)Sections 14(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither . Defendant shall be responsible for any costs and fees incurred by the Settlement Administrator up to the time the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoeveris terminated. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 5 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 7 and 7 8 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a) the preceding paragraph are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled canceled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 18 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)18(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 18(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (ie) Neither The grounds upon which this Agreement may be terminated are set forth herein above. In the event of a termination, this Agreement terms nor any publicly disseminated information regarding shall be considered null and void; all of the Agreement includingNamed Plaintiffs’, without limitation, the Notice, court filings, ordersClass Counsel’s, and public statements relating Defendant’s obligations under the Settlement shall cease to be of any force and effect; and the Parties shall return to the status quo ante in the State Court Action as if the Parties had not entered into this Agreement. In addition, may thereafter in the event of such a termination, all of the Parties’ respective pre-Settlement rights, claims and defenses will be used as evidence for any purpose whatsoeverretained and preserved. (iif) The fact ofIn the event the Settlement is terminated in accordance with the provisions of this Agreement, and any documentsdiscussions, findings, decisionsoffers, or orders relating to any failure of a court to approve negotiations associated with this Settlement shall not be discoverable or offered into evidence or used in the Agreement State Court Action or any modifications other action or amendments of the Agreementproceeding for any purpose. In such event, as well as the fact and content of any objections which may have been filed all Parties to the AgreementState Court Action shall stand in the same position as if this Agreement had not been negotiated, may not be used as evidence for any purposes whatsoevermade, or filed with the Court.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 3 above; (ii) The Court has entered the Final Approval Order as required by Sections 5 and 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) percent or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 14 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) Defendant shall provide reasonable confirmatory discovery to confirm its overdraft and NSF fee practices and the amount of the APPSN and Retry Fees at issue. If the confirmatory discovery reveals either that the APPSN and Retry fees at issue are materially different than as provided in the Parties’ pre-mediation and mediation information exchange, then Plaintiffs may withdraw from the settlement. (e) In the event this Agreement is terminated terminated, pursuant to Section 14(c)) immediately above, or fails to become effective in accordance with Section 14(b)Sections 14(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (if) Neither Any dispute over the Agreement terms nor any publicly disseminated information regarding the Agreement includingof this agreement, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating including but not limited to any failure claim of a court to approve “material difference” discovered during confirmatory discovery as set forth in Section 14 (d) shall first be mediated by the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoeverXxx. Xxxxxx Xxxxx (Xxx.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 5 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 Section 7, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a17(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-total members of the Classes opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 17 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)17(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 17(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 Section 7, above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 15(a) and/or (b) immediately above, then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement Settlement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 5 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Final Approval Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten (10) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement Settlement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members members opt-out. Defendant shall notify Class Counsel and the Court Comi of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10( I 0) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)) immediately above, or fails to become effective in accordance with Section 14(b)Sections 14(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc.tune. CORE/00125 l 6.1241/160771506.4 (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of oi f the Agreement, as well as the fact and content of any objections which may have been filed fled to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) i. The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) . The Court has entered the Final Approval Order as required by Sections 6 and 7 aboveOrder, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) . The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a15(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 15 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)15(c) immediately above, or fails to become effective in accordance with Section 14(bSections 15(a) and/or (b), then the parties Parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties Parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) i. Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever.. DocuSign Envelope ID: 3E7576E2-A6AC-487B-811E-18DD10609314 (ii) . The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) This Agreement may be terminated by Defendant shall have the option to terminate this Agreement if five percent (5%) percent or more of the Potential Settlement Class Members opt-opt out. In such case, Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 3 above; (ii) The Court has entered the Final Approval Order as required by Sections 5 and 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) percent or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten fifteen (1015) business days after the Bar Date to Opt-To Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 14(a16(a) are not met, and the Parties have no further recourse from the Court or an appellate court to complete these conditions, then this Agreement shall be cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 16 within ten fifteen (1015) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated pursuant to terminated, in accordance with Section 14(c)16(c) immediately above, or fails to become effective in accordance with Section 14(b)Sections 16(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement The Effective Date shall be subject to not occur unless and is expressly conditioned on the occurrence of all until each and every one of the following eventsevents occurs, and shall be the date upon which the last (in time) of the following events occurs: (i) The Court has entered the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are overruled, and all appeals taken from such Order are resolved in favor of approval; and (iii) The Effective Date In the event that the Court enters an order and final judgment in a form other than that provided above (“Alternative Judgment”) to which the Parties have consented, that Alternative Judgment has occurredbecome final and unappealable. (b) If some or all of the conditions specified in Section 14(a13(a) are not met, and or in the Parties have no further recourse from event that this Agreement is not approved by the Court Court, or an appellate court the settlement set forth in this Agreement is terminated or fails to complete these conditionsbecome effective in accordance with its terms, then this Agreement shall be cancelled canceled and terminated, unless Class Counsel and Defendant’s Counsel mutually agree in writing to proceed with this Settlement Agreement. If any Party is in material breach of the terms hereof, then any other Party, provided that it is in substantial compliance with the terms of this Agreement, may terminate this Settlement Agreement on notice to all other Parties. Notwithstanding anything herein, the Parties agree that the Court’s decision as to the amount of Fee Award to Class Counsel and/or service award to Class Representatives, regardless of the amount awarded, shall not prevent the Settlement Agreement from becoming effective. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) within ten (10) business days after the Bar Date to Opt-Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)this Section, or fails to become effective in accordance with Section 14(b)Sections 13(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.

Conditions to Settlement. (a) This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) The Court has entered entering the Preliminary Approval/Notice Order, as required by Section 4 above; (ii) The Court has entered entering the Final Approval Order as required by Sections 6 and 7 above, and all objections, if any, to such Order are being overruled, and all appeals taken from such Order are being resolved in favor of approvalaffirming the Final Approval Order or dismissing the appeal, as the case may be; and (iii) The Effective Date has being occurred. (b) If all of the conditions specified in Section 14(a) are not met, and then Defendant shall have the Parties have no further recourse from the Court or an appellate court sole discretion to complete these conditions, then terminate this Agreement shall be cancelled and terminatedAgreement. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Potential Settlement Class Members opt-opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 14(c) 14 within ten (10) business days after the Bar Date to Opt-Opt Out, or the option to terminate shall be considered waived. (d) In the event this Agreement is terminated terminated, pursuant to Section 14(c)) immediately above, or fails to become effective in accordance with Section 14(b)Sections 14(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in this case as they existed as of the date of the execution of this Agreement. In such event, the terms and provisions of this Agreement shall have no further force and effect with respect to the parties and shall not be used in this case or in any other action or proceeding for any other purpose, and any order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. (i) Neither the Agreement terms nor any publicly disseminated information regarding the Agreement including, without limitation, the Notice, court filings, orders, and public statements relating to the Agreement, may thereafter be used as evidence for any purpose whatsoever. (ii) The fact of, and any documents, findings, decisions, or orders relating to any failure of a court to approve the Agreement or any modifications or amendments of the Agreement, as well as the fact and content of any objections which may have been filed to the Agreement, may not be used as evidence for any purposes whatsoever.