Common use of Decertification of the Settlement Class if Settlement Not Approved Clause in Contracts

Decertification of the Settlement Class if Settlement Not Approved. Knix does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the Settlement, or if for any other reason the Effective Date does not occur, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. Specifically: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Knix did not oppose the certification of a Settlement Class under this Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. In the event the terms and conditions of this Agreement are substantially modified by the Court, Knix reserves the right to declare this Agreement null and void, in its sole discretion, within fourteen (14) days after such modification. Notwithstanding, in the event the Settlement is not approved, the parties will work in good faith, to the extent possible, to resolve the Court’s concerns.

Decertification of the Settlement Class if Settlement Not Approved. Knix Oracle does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the Settlement, or if for any other reason the Effective Date does not occur, this Agreement and any certification of any Settlement Class will be vacated vacated, and the Parties will be returned to their positions with respect to the Action as if the Agreement Parties had not been entered intointo the Agreement. Specifically: (a) the Parties shall jointly request that any Court orders order preliminarily or finally approving the certification of any class Settlement Class contemplated by this Agreement shall be null, void, and vacated, and agree that such order shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Knix Oracle did not oppose the certification of a Settlement Class under this Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. In the event the terms and conditions of this Agreement are substantially modified by the Court, Knix Oracle reserves the right to declare this Agreement null and void, in its sole discretion, within fourteen (14) days after such modification. NotwithstandingFor purposes of this Paragraph, “substantially modified” means material changes including but not limited to (a) the definition of the Settlement Class, Settlement Class Members, Released Parties, or Released Claims; and/or (b) the terms of the Non-Monetary Relief; and/or (c) the size of the Settlement Fund; and/or (d) the Notice Plan, including methods of distributing notice, to the Settlement Class. Notwithstanding the above, in the event the Settlement is not approved, the parties Parties will work meet and confer in good faith, to the extent possible, to resolve address the Court’s concerns.

Decertification of the Settlement Class if Settlement Not Approved. Knix does Defendants do not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the Settlement, or if for any other reason the Effective Date does not occur, any certification of any Settlement Class will be vacated vacated, and the Parties will be returned to their positions with respect to the Action as if the Agreement Parties had not been entered intointo the Agreement. Specifically: (a) any Court orders order preliminarily or finally approving the certification of any class Settlement Class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Knix Defendants did not oppose the certification of a Settlement Class under this Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. In the event the terms and conditions of this Agreement are substantially modified by the Court, Knix reserves Defendants reserve the right to declare this Agreement null and void, in its their sole discretion, within fourteen (14) days after such modification. NotwithstandingNotwithstanding the above, in the event the Settlement is not approved, the parties Parties will work meet and confer in good faith, to the extent possible, to resolve address the Court’s concerns.

Decertification of the Settlement Class if Settlement Not Approved. Knix does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the SettlementFinal Judgment without material modification, or if for any other reason the Final Judgment is reversed in whole or in part on appeal, or if the Effective Date does not occur, any certification of any the Settlement Class will be vacated vacated, and the Parties will be returned to their positions status quo ante with respect to the Action as if the this Agreement had not been entered into. Specifically: In the event that Final Judgment or Effective Date is not achieved, (a) any Court court orders preliminarily or finally approving the certification of any class contemplated by this the Agreement and any other orders entered pursuant to the Agreement shall be null, void, and vacated, vacated and shall not be used or cited thereafter by any person or entityentity in support of claims or defenses or in support of or in opposition to a class certification motion; and (b) this Agreement will become null and void, and the fact of the settlement reflected in this Agreement, that Knix AAG did not oppose the certification of a Settlement Class any class under this the Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoeveror entity, including without limitation but not limited to in any contested proceeding relating to the certification of any class or relating to enforcement of arbitration agreements and class-action waivers. In the event the terms and conditions of Additionally, this Agreement are substantially modified by the CourtAgreement, Knix reserves the right any negotiations or proceedings related to declare this Agreement null and void, in its sole discretion, within fourteen (14) days after such modification. Notwithstanding, in the event the Settlement is not approvedit, the parties will work implementation of it, and any papers submitted in good faithsupport of the motions for approval of it cannot be construed as, or deemed to be, evidence of any admission or concession by any of the extent possibleParties regarding liability, damages, or the appropriateness of class treatment, and are not to resolve the Court’s concernsbe offered or received in evidence in any action or proceeding for any purpose whatsoever.

Decertification of the Settlement Class if Settlement Not Approved. Knix does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the SettlementFinal Judgment without material modification, or if for any other reason the Final Judgment is reversed in whole or in part on appeal, or if the Effective Date does not occur, any certification of any the Settlement Class will be vacated vacated, and the Parties will be returned to their positions status quo ante with respect to the Action as if the this Agreement had not been entered into. Specifically: In the event that Final Judgment is not entered or Effective Date is not achieved, (a) any Court court orders preliminarily or finally approving the certification of any class contemplated by this the Agreement and any other orders entered pursuant to the Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entityentity in support of claims or defenses or in support or in opposition to a class certification motion; and (b) this Agreement will become null and void, and the fact of the settlement reflected in this Agreement, that Knix Divvydose did not oppose the certification of a Settlement Class any class under this the Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoeveror entity, including without limitation but not limited to in any contested proceeding relating to the certification of any class or relating to enforcement of arbitration agreements and class. In the event the terms and conditions of this Agreement are substantially modified by the Court, Knix reserves the right to declare this Agreement null and void, in its sole discretion, within fourteen (14) days after such modification. Notwithstanding, in the event the Settlement is not approved, the parties will work in good faith, to the extent possible, to resolve the Court’s concerns-action waivers.