Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of Settlement. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties agree to work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval may be granted. If any of the following events occur, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: (i) American Freight invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then:
(i) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Named Plaintiff as Class representative, and conditional appointment of Plaintiff’s Counsel as Class Counsel; (ii) the Action will revert to the status that existed before Named Plaintiff filed his motion for approval of the Preliminary Approval Order; (iii) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement discussions, negotiations, or documentation will have any effect, or be admissible into evidence, for any purpose in the Action or any other proceeding; and (iv) Named Plaintiff shall waive any objection to the removal of the Action to federal court on timeliness grounds, and nothing in the present agreement shall prevent American Freight from producing evidence of such waiver if needed to oppose a potential motion for remand. If the Court does not approve the Settlement or enter the Final Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, American Freight shall retain all rights to object to the maintenance of the Action as a class action, and nothing in this Settlement Agreement, or other papers or proceedings related to the Settlement, shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained a...
Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement is entered into only for the purpose of settlement. If the Settlement is not approved, or is terminated, cancelled, or fails to become effective for any reason, including without limitation in the event the Final Order and Judgment is reversed or vacated following any appeal taken therefrom, then this Settlement shall be void ab initio, shall have no force or effect, and shall impose no obligations on the Parties except as regards to the Administrative Costs Advance. The intent of the previous sentence is that, in the event that a necessary approval is denied, the Parties will revert to their positions immediately prior to September 15, 2020, and this Action will resume without prejudice to any Party. In the event of such a reversion, the Parties agree that the proposed or actual certification of the Settlement Class will be deemed void and will not be urged or considered as a factor in any further proceeding.
Effect of Agreement if Settlement Is Not Approved. This Agreement was entered into only for the purpose of settlement. In the event that the Court does not approve the Settlement, or the Final Approval Order is not entered for any reason, then this Agreement shall be deemed null and void ab initio. In such event, it shall not be admissible or usable for any purpose.
Effect of Agreement if Settlement Is Not Approved. This Agreement is being entered into only for the purpose of settlement. In the event that the Court does not approve the Settlement, or the Final Approval Order and Judgment is not entered for any reason, or the Final Effective Settlement Date does not occur for any reason, then this Agreement shall be deemed null and void ab initio. In that event:
(a) the Preliminary Approval Order and all of its provisions shall be vacated by its own terms, and the Action shall revert to the status that existed prior to the execution date of this Agreement, including no certification of a class; and (b) no term of this Agreement or any draft thereof, or of the 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.
Effect of Agreement if Settlement Is Not Approved. This Agreement is entered into only for the purpose of Settlement. If certification of the Settlement Class, preliminary or final approval of the Settlement, or any other Order necessary to effectuate this Settlement does not occur, then this Settlement shall be void, shall have no force or effect, and shall impose no obligations on the Parties. Under such circumstances, this Agreement may not be introduced into evidence under any circumstances, including but not limited to in connection with any motion for class certification. The intent of this Section 5.3 is that, if a necessary approval is denied, the Parties will revert to their positions immediately prior to February 8, 2021, and the Litigation will resume without prejudice to any party (i.e., to their positions ab initio); provided, however, that the Second Amended Complaint shall remain the legally operative complaint. In the event of such a reversion, the Parties agree that no class will be deemed to have been certified, and that the proposed or actual certification of a settlement class will not be urged or considered as a factor in any proceeding.
Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of Settlement. If any of the following events occur, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: (i) Shutterfly invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties;
Effect of Agreement if Settlement Is Not Approved. This Agreement was entered into only for the purpose of settlement. In the event either Party invokes its rights under sections III.E.1.c, III.E.4 or III.E.6.d, this Agreement and the Memorandum of Understanding (“MOU”) that preceded it will be deemed null and void ab initio. In that event (a) the preliminary approval order, and/or final approval order and judgment, and all of its or their provisions will be vacated by its or their own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Plaintiffs as class representatives and conditional appointment of Plaintiffs’ counsel as class counsel, (b) the Action will revert to the status that existed before the MOU’s execution date, and (c) no term or draft of this Agreement or the MOU, or any part of the Parties’ settlement discussions, negotiations or documentation will have any effect or be admissible into evidence for any purpose in the Action or any other proceeding. If the Court does not approve this Agreement or enter the final approval order and judgment for any reason, or if the Court’s approval of the Agreement does not become “final” for any reason, Defendants shall retain all rights to object to the maintenance of the Action as a class and representative action, and nothing in the MOU or this Agreement or other papers or proceedings related to those documents shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class and representative action.
Effect of Agreement if Settlement Is Not Approved. This Agreement is entered into only for the purpose of Settlement. In the event that certification of the Settlement Classes, preliminary or final approval of the Settlement, or any other order necessary to effectuate this Settlement is denied, or if the Court or a reviewing court takes any action to impair or reduce the scope or effectiveness of the Releases set forth in Section 3.6 herein, or to impose greater or lesser financial or other burdens on SafeRent than those contemplated in this Settlement, then this Settlement shall be void ab initio, shall have no force or effect, and shall impose no obligations on the Parties except that the Parties (i) will be prohibited from using this Settlement and any settlement and mediation communications as evidence in the Litigation and (ii) agree to cooperate in asking the Court to set a reasonable schedule for the resumption of the Litigation; and (iii) the Settlement Administrator will be paid from the advance made by SafeRent for any work completed, and the balance of the advance will be returned to SafeRent. The intent of the previous sentence is that, in the event that a necessary approval is denied, the Parties will revert to their positions immediately before the execution of this Agreement, and the Litigation will resume without prejudice to any party. In the event of such a reversion, the Parties agree that no class will be deemed to have been certified, and that the proposed or actual certification of any settlement class will not be urged or considered as a factor in any subsequent litigation over the certification of a litigation class or classes, and that no Claims have been released.
Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of Settlement. In the event that Section 2.4.1 is invoked by Lamps Plus, the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties, or if the Court does not approve the Settlement or enter the Final Order and Judgment, or if the Final Settlement Date does not occur for any reason, then this Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Agreement was never executed. In that event (a) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Plaintiff as class representative, and conditional appointment of Plaintiff’s Counsel as Class Counsel; (b) the Action will revert to the status that existed before the Plaintiff filed his motion for approval of the Preliminary Approval Order (allowing Lamps Plus to, among other things, file a motion for summary judgment); and
Effect of Agreement if Settlement Is Not Approved. This Agreement is being entered into solely for the purpose of settlement. In the event that the Court does not approve the Settlement in any material respect (except with respect to Claim Administrator fees and expenses), or the Final Approval Order and Judgment is not entered for any reason, or the Final Effective Settlement Date does not occur for any reason, then this Agreement shall be null and void ab initio. In that event: (a) the Preliminary Approval Order and all of its provisions shall be vacated by its own terms, and the Actions shall revert to the status that existed prior to the Execution Date, including the lack of certification of the Non-California Class; (b) no term of this Agreement, of the Term Sheet, or any draft thereof, or of the 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 Actions, or in any other proceeding;
