Common use of Effect If Settlement Not Approved Clause in Contracts

Effect If Settlement Not Approved. This Settlement Agreement was entered into only for purposes of settlement, subject to and without waiver of the Parties’ respective rights. If the Court does not enter the Preliminary Approval Order or does not enter the Settlement Approval Order and Final Judgment, or if the Final Settlement Approval Date does not occur, Class Counsel and Defendant’s Counsel will endeavor, consistent with the Settlement Agreement, to cure any defect identified by the Court; provided, however, that Defendant will not be obligated to accept such cure if it increases the cost or burden of the Settlement Agreement to Defendant or any of the other Released Parties. If the Settlement Agreement is terminated for any reason, the Settlement Approval Order and Final Judgment is not entered by the Court, or the Final Settlement Approval Date does not occur, then no term or condition of the Settlement Agreement, or any draft thereof, or any discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, and the Parties will be restored to their respective positions immediately preceding execution of this Settlement Agreement. If the Settlement Approval Order and Final Judgment or any part of it is vacated, overturned, reversed, or rendered void as a result of an appeal, or the Settlement Agreement is voided, rescinded, or otherwise terminated for any other reason, then within thirty

Effect If Settlement Not Approved. This Settlement Agreement was entered into only for purposes of settlement, subject to and without waiver of the Parties’ respective rights. If the Court does not enter the order granting Preliminary Approval Order or does not enter the Settlement Approval Order and Final Judgmentgrant final approval, or if the Final Settlement Approval Date does not occur, Class Counsel and Defendant’s Counsel will shall endeavor, consistent with the Settlement Agreement, to cure any defect identified by the Court; provided, however, that Defendant will Blue Buffalo shall not be obligated to accept such cure if it increases the cost or burden of the Settlement Agreement to Defendant Blue Buffalo or any of the other Released PartiesPersons or reduces or otherwise affects the scope of the releases provided by this Settlement Agreement. If In the event that the Settlement Agreement is terminated for any reason, the Settlement Approval Order and Final Judgment is final approval does not entered by the Courtoccur for any reason, or the Final Settlement Approval Date does not occur, then no term or condition of the Settlement Agreement, or any draft thereof, or any discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, discussions shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, and the Parties will shall be restored to their respective positions immediately preceding execution of this Settlement Agreement. If the final Settlement Approval Order and Final Judgment or any part of it is vacated, overturned, reversed, or rendered void as a result of an appeal, or the Settlement Agreement is voided, rescinded, or otherwise terminated for any other reason, then within thirtythirty (30) days, Class Counsel shall return to Blue Buffalo all attorneys’ fees, costs, and other payments received by Class Counsel under the Settlement Agreement, as set forth in paragraph 3.1 above. The Parties agree that all drafts, discussions, negotiations, documentation, or other information prepared in relation to the Settlement Agreement and the Parties’ settlement discussions shall be treated as strictly confidential and may not be disclosed to any person other than the Parties’ counsel, insurers, accountants, auditors, and other related parties required to have notice of this Settlement Agreement pursuant to applicable state and federal law, including but not limited to laws governing publicly traded corporations. Blue Buffalo’s rights with respect to class certification expressly are reserved and preserved.

Effect If Settlement Not Approved. This Settlement Agreement was entered into only for purposes of settlement, subject to and without waiver of the Parties’ respective rights. If the Court does not fails to enter the order granting Preliminary Approval Order or does not enter the Settlement Approval Order and Final Judgmentfails to grant final approval, or if the Final Settlement Approval Date does not occur, Class Counsel and Defendant’s Counsel will endeavor, consistent with the Settlement Agreement, to cure any defect identified by the Court; provided, however, that Defendant will not be obligated to accept such cure if it increases the cost or burden of the Settlement Agreement to Defendant or any of the other Released Parties. If In the event that the Settlement Agreement is terminated for any reason, the Settlement Approval Order and Final Judgment is final approval does not entered by the Courtoccur for any reason, or the Final Settlement Approval Date does not occur, then no term or condition of the Settlement Agreement, or any draft thereof, or any discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, shall discussions will have any effect, nor shall will any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, and the Parties will be restored to their respective positions immediately preceding execution of this Settlement Agreement. If the Settlement Approval Order and Final Judgment or any part of it is vacated, overturned, reversed, or rendered void as a result of an appeal, or the Settlement Agreement is voided, rescinded, or otherwise terminated for any other reason, then within thirtythirty (30) days, Class Counsel will return to Defendant all attorneys’ fees, costs, and other payments received by Class Counsel under the Settlement Agreement, as set forth in Paragraph 3.2 above. The Parties agree that all drafts, discussions, negotiations, documentation, or other information prepared in relation to the Settlement Agreement and the Parties’ settlement discussions will be treated as strictly confidential and may not be disclosed to any person other than the Parties’ counsel, and only for

Effect If Settlement Not Approved. This Settlement Agreement was entered into only for purposes of settlement, subject to and without waiver of the Parties’ respective rights. . (a) If the Court does not enter the Preliminary Approval Order or does not enter the Settlement Approval Order and Final Judgment, or if the Final Settlement Approval Date does not occur, Class Counsel and Defendant’s Counsel will endeavorendeavor in good faith, consistent with the Settlement Agreement, to cure any defect identified by the Court; provided, however, that Defendant will not be obligated to accept such cure if if, in Defendant’s sole view, it (b) Notwithstanding anything herein, the Parties agree that the Court’s failure to approve, in whole or part, the attorneys’ fees payment to Class Counsel set forth in Section 3.2 above and/or the incentive award set forth in Section 3.3 above shall not prevent the Agreement from becoming effective, nor shall it increases the cost or burden of the Settlement Agreement to Defendant or any of the other Released Parties. be grounds for termination. (c) If the Settlement Agreement is terminated for any reason, the Settlement Approval Order and Final Judgment is not entered by the Court, or the Final Settlement Approval Date does not occur, then no term or condition of the Settlement Agreement, or any draft thereof, or any discussion, negotiation, documentation, or other part or aspect of the Parties’ settlement discussions, shall have any effect, nor shall any such matter be admissible in evidence for any purpose in the Action, or in any other proceeding, and the Parties will be restored to their respective positions immediately preceding execution of this Settlement Agreement. If the Settlement Approval Order and Final Judgment or any part of it is vacated, overturned, reversed, or rendered void as a result of an appeal, or the Settlement Agreement is voided, rescinded, or otherwise terminated for any other reason, then within thirtythirty (30) days, Class Counsel will return to Defendant all attorneys’ fees, costs, and other payments received by Class Counsel under the Settlement Agreement, as set forth in Section 3.2 above. The Parties agree that all drafts, discussions, negotiations, documentation, or other information prepared in relation to the