Effect of a Termination. 97. The grounds upon which this Agreement may be terminated are set forth herein above. In the event of a termination, this Agreement shall be considered null and void; all of Plaintiffs’, Class Counsel’s, and Navy Federal’s obligations under the Settlement shall cease to be of any force and effect; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement rights, claims and defenses will be retained and preserved.
Effect of a Termination. (i) Except as otherwise provided in this Section 4, following any termination of the Executive’s employment, notwithstanding any provision to the contrary in this Agreement, the obligations of the Company to pay or provide the Executive with compensation and benefits under Section 3 shall cease, and the Company shall have no further obligation to provide compensation or benefits to the Executive hereunder.
Effect of a Termination. 170. The grounds upon which this Agreement may be terminated are set forth in paragraphs 166 and 167 hereof. In the event of a termination as provided therein, this Agreement shall be considered null and void; all of TD Bank’s obligations under the Settlement shall cease to be of any force and effect; all amounts in the Settlement Fund shall be returned to TD Bank in accordance with paragraph 168 hereof; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, Plaintiffs’ rights to seek certification of one or more litigation classes and TD Bank’s rights to oppose certification, or seek decertification, of any litigation class on any grounds. 171. In the event of a termination as provided in paragraph 166 and/or 167 hereof, and after payment of any invoices or other fees or expenses mentioned in this Agreement that have been incurred and are due to be paid from the Escrow Account, the Escrow Agent shall return the balance of the Settlement Fund to TD Bank within seven days of termination. Except in the event any term of this Agreement has been breached, TD Bank shall have no right to seek reimbursement from Plaintiffs or Class Counsel for any funds disbursed from the Escrow Account pursuant to paragraph 168 hereof or for any invoices or other fees or expenses mentioned in this Agreement that have been incurred and are due to be paid from the Escrow Account.
Effect of a Termination. 161. In the event of a termination, this Settlement Agreement shall be considered null and void; all of Plaintiffs’, Class Counsel’s, and AMM’s obligations under the Settlement Agreement shall cease to be of any force and effect; and the Parties shall return to the status quo ante in the Actions as if the Parties had not entered into this Settlement Agreement. As such, in the event of a termination, all of the Parties’ respective pre-Settlement rights, claims, and defenses will be retained and preserved.
Effect of a Termination. 87. The grounds upon which this Agreement may be terminated are set forth in Paragraphs 84, 85, and 86. In the event of a termination as provided therein, this Agreement shall be considered null and void; all of SPE’s obligations under the Agreement shall cease to be of any force and effect; the amounts in the Preventive Measures Claims Settlement Administration Fund shall be returned to SPE in accordance with Paragraph 88; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, Plaintiffs’ right to seek class certification and SPE’s right to oppose class certification.
Effect of a Termination. Upon termination of this Agreement, the following Sections shall survive such termination in accordance with their terms:
Effect of a Termination. 97. The grounds upon which this Agreement may be terminated are set forth herein above. In the event of a termination, this Agreement shall be considered null and void; all of Plaintiff’s, Class Counsel’s, and Navy Federal’s obligations under the Settlement shall cease to be of any force and effect; any amounts in the Escrow Account shall be returned to Navy Federal; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre- Settlement rights, claims, and defenses will be retained and preserved.
Effect of a Termination. 79. In the event of a termination as provided above, this Agreement shall be considered null and void; all of the Parties’ obligations under the Settlement shall cease to be of any force and effect; the amount in the Settlement Fund shall be returned to Defendants (except to the extent costs of notice and claims administration have been incurred or expended and taxes have been paid or are due on interest earned); the Releases will be null and void; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, Plaintiffs’ right to seek class certification and Defendants’ right to oppose class certification, and the Parties will work cooperatively to set a new schedule for the litigation of the Action.
Effect of a Termination. 115. The grounds upon which this Agreement may be terminated are set forth in paragraphs 113 and 114 hereof. In the event of a termination as provided therein, this Agreement shall be considered null and void; all of Plaintiff’s Settlement Class Counsel’s, Class Counsel’s, and BancorpSouth’s obligations under the Settlement shall cease to be of any force and effect; the amounts in the Settlement Fund shall be returned to BancorpSouth in accordance with paragraph 116 hereof; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement rights, claims and defenses will be retained and preserved.
Effect of a Termination. 94. The grounds upon which this Agreement may be terminated are set forth in Section XIII. In the event of a termination as provided therein, this Agreement shall be considered null and void; all of the State Defendants’ obligations under the Agreement shall cease to be of any force and effect; and the Parties shall return to the status quo ante in the Action as if the Parties had not entered into this Agreement. In addition, in the event of such a termination, all of the Parties’ respective pre-Settlement claims and defenses will be preserved, including, but not limited to, the Settlement Plaintiff’s right to seek class certification and all Defendants’ right to oppose class certification.
