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 the Court’s Final Approval Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 17(a) are not met, then this Agreement shall be cancelled and terminated. (c) In the event this Agreement fails to become effective in accordance with Sections 17(a) and/or (b) immediately above, then the parties shall be restored to their respective positions in the Action as of the effective date 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 the Action or in any other action or proceeding for any other purpose, and any dismissal, judgment or order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc.

Appears in 1 contract

Samples: Settlement Agreement

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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 Order are overruled, and all appeals taken from the Court’s Final Approval such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 17(a15(a) are not met, then this Agreement shall be cancelled null and terminatedvoid. (c) In the event this Agreement is terminated, pursuant to Section 15(b) immediately above, or fails to become effective in accordance with Sections 17(a) and/or (bSection 15(a) immediately above, then the parties shall be restored to their respective positions in the Action this case as they existed as of the effective 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 the Action this case or in any other action or proceeding for any other purpose, and any dismissal, judgment or order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc.

Appears in 1 contract

Samples: Settlement Agreement

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 Paragraph 3 above; (ii) The Court has entered the Final Approval Order as required by Sections Paragraphs 5 and 6 and 7 above, and all objections, if any, to such order Order are overruled, and all appeals taken from the Court’s Final Approval such Order are resolved in favor of approval; and (iii) The Effective Date has occurred. (b) If all of the conditions specified in Section 17(a) are not met, then this Agreement shall be cancelled and terminated. (c) In the event this Agreement fails to become effective in accordance with Sections 17(a) and/or (b) immediately the above, then the parties Parties shall be restored to their respective positions in the Action this case as they existed as of the effective 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 the Action this case or in any other action or proceeding for any other purpose, and any dismissal, judgment or order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc.

Appears in 1 contract

Samples: Settlement Agreement

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Conditions to Settlement. (a) 1. This Agreement shall be subject to and is expressly conditioned on the occurrence of all of the following events: (i) a. The Court has entered the Preliminary Approval/Notice Approval Order, in accordance with Rule 23(e) of the Federal Rules of Civil Procedure and as required by contemplated in Section 4 VI above; (ii) b. The Court has entered the Final Approval Order Order, in accordance with Rule 23(e) of the Federal Rules of Civil Procedure and as contemplated in as required by Sections 6 and 7 Section VIII above, including but not limited to approval of the Releases, and all objections, if any, to such order Order are overruled, and all appeals taken from the Court’s Final Approval Order such Orders are resolved in favor of approval; and; (iii) c. The Effective Date has occurred. (b) 2. If all of the conditions specified in this Section 17(a) are not met, then this Agreement shall be cancelled and terminated. (c) 3. In the event this Agreement fails is terminated, pursuant to become effective in accordance with Sections 17(a) and/or (b) immediately abovethis Section, then the parties Parties shall be restored to their respective positions in the this Action as they existed as of the effective 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 the Action this case or in any other action or proceeding for any other purpose, and any dismissal, judgment or order entered by this Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc.

Appears in 1 contract

Samples: Settlement Agreement

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