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 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 17(a) are not met, then this Agreement shall be canceled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Class Members opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 17 within ten (10) business days after the Bar Date to Opt Out, or the option to terminate shall be considered waived. (d) Either Party shall have the right to terminate this Agreement if the Court rejects, materially modifies, materially amends or changes the Settlement. (e) In the event this Agreement is terminated, pursuant to Section 17(c) and/or

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 Approval/Notice Order, as required by Section 4 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 17(a14(a) are not met, then this Agreement shall be canceled cancelled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Class Members opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 17 14 within ten (10) business days after the Bar Date to Opt Out, or the option to terminate shall be considered waived. (d) Either Party shall have the right to terminate this Agreement if the Court rejects, materially modifies, materially amends or changes the Settlement. (e) In the event this Agreement is terminated, pursuant to Section 17(c14(c) and/orimmediately above, or fails to become effective in accordance with 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.

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 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 17(a16(a) are not met, then this Agreement shall be canceled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Class Members opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 17 16 within ten (10) business days after the Bar Date to Opt Out, or the option to terminate shall be considered waived. (d) Either Party shall have the right to terminate this Agreement if the Court rejects, materially modifies, materially amends or changes the Settlement. (e) In the event this Agreement is terminated, pursuant to Section 17(c16(c) and/or

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 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 17(a16(a) are not met, then this Agreement shall be canceled and terminated. (c) Defendant shall have the option to terminate this Agreement if five percent (5%) or more of the Class Members opt out. Defendant shall notify Class Counsel and the Court of its intent to terminate this Agreement pursuant to this Section 17 16 within ten (10) business days after the Bar Date to Opt Out, or the option to terminate shall be considered waived. (d) Either Party shall have the right to terminate this Agreement if the Court rejects, materially modifies, materially amends or changes the Settlement. (e) In the event this Agreement is terminated, pursuant to Section 17(c16(c) and/or

Appears in 1 contract

Samples: Settlement Agreement

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