Denial or Appeal of Final Approval. If the Court does not grant Final Approval of the Settlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, Attorneys Fee Award, Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.
Appears in 2 contracts
Samples: Joint Stipulation and Settlement Agreement, Settlement Agreement
Denial or Appeal of Final Approval. If the Court does not grant Final Approval of the Settlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, Attorneys Fee Award, Cost Award, and Administration Costs award will not constitute a material modification to the Settlement within the meaning of this paragraph.
Appears in 1 contract
Samples: Settlement Agreement
Denial or Appeal of Final Approval. If the Court does not grant Final Approval of the Settlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they Plaintiffs shall be equally solely responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Representatives’ Enhancement Payment, Attorneys Fee Award, Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.
Appears in 1 contract
Samples: Settlement Agreement
Denial or Appeal of Final Approval. If the Court does not grant Final Approval of the Settlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff Plaintiffs and Class Counsel for the Class Representative Enhancement PaymentPayments, Attorneys Fee Award, Cost Award, will not constitute a material modification to the Settlement within the meaning of this paragraph.
Appears in 1 contract
Samples: Settlement Agreement
Denial or Appeal of Final Approval. If the Court does not grant Final Approval of the Settlement, or if the Court’s Final Approval of the Settlement is reversed or materially modified on appellate review, then this Settlement will become null and void. If that occurs, the Parties will have no further obligations under the Settlement, including any obligation by Defendant Defendants to pay the Gross Settlement Amount or any amounts that otherwise would have been owed under this Agreement. Further, should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs through that date. An award by the Court of a lesser amount than sought by Plaintiff and Class Counsel for the Class Representative Enhancement Payment, Attorneys Fee Award, Cost Award, and Administration Costs award will not constitute a material modification to the Settlement within the meaning of this paragraph.
Appears in 1 contract
Samples: Settlement Agreement