Court Rejection. If the Court declines to preliminarily or finally approve the Settlement, then this Agreement shall automatically terminate, and thereupon become null and void. The Court must both preliminarily and finally approve the Agreement for it to be effective and binding.
Court Rejection. If the Court declines to enter either the Preliminary Approval Order, as described in Section 1.2, or a Final Approval Order, as described in Section 1.5, or an Order Dismissing Action, as described in Section 1.7, then this Settlement Agreement shall automatically terminate, and thereupon shall become null and void and the Action—West x. Xxxxx, Case No.
Court Rejection. If the Court declines to preliminarily or finally approve the Settlement as written, with the exception of approval of the form of the Class Notice, in whole or in part, then this Agreement shall automatically terminate, and thereupon become null and void. In the event the Court approves a settlement that differs from the terms herein (whether material or immaterial), in whole or in part, or does not afford Defendants a complete release, then either the Defendants or Class Counsel may, in their sole and absolute discretion terminate this Agreement by delivering a notice of termination to counsel for the opposing party within 15 court days of the Court’s final order.
Court Rejection. If at any time the Court enters an Order declining to approve any part of the Settlement and/or the Final Approval Motion (“Court Rejection”), Navistar, the SBC and the Class Representatives shall promptly confer and cooperate in good faith to determine whether the terms of the Settlement and/or the Final Approval Motion may be modified to their mutual satisfaction and the satisfaction of the UAW, and, if such a resolution can be reached, promptly seek approval of the modified Settlement and/or file a revised Final Approval Motion. In the event Navistar, the SBC and the Class Representatives cannot agree on such modification(s) within 60 days of Court Rejection, or if a Final Order approving the modified Settlement and/or Final Approval Motion is not obtained within 120 days of Court Rejection, the Reset Date shall be deemed to have occurred.
Court Rejection. If the Court declines to enter either the Preliminary Approval Order, as described in Section 1.2, or a Final Approval Order, as described in Section 1.5, or an Order Dismissing Action, as described in Section 1.7, then this Settlement Agreement shall automatically terminate, and thereupon shall become null and void and the Action—Xxxx, et xx x. Xxxxxxxxxx (Civil Action No. 17-cv-00904-KLM)—shall revert to its status as of December 12, 2017, as described in Section 2.4. The Court must finally approve the Settlement Agreement for it to be effective and binding upon the Parties. There shall be no modifications or amendments to the promises and covenants contemplated under this Settlement Agreement, unless such modifications or amendments are expressly agreed to, in writing, by the Parties.
