Common use of Effect of Agreement if Settlement Is Not Approved Clause in Contracts

Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of the Settlement. In the event that 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 Defendants or a minimum of two-thirds of Representative Plaintiffs, 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, as if this Agreement was never executed. In that event: (a) the Preliminary Approval Order and all of its provisions will be vacated by their own terms, including, but not limited to, vacating conditional certification of the Class for Settlement, conditional appointment of Representative Plaintiffs as class representatives for Settlement purposes, appointment of Xxxxxx & Xxxxxx, P.A., Xxxxxx Xxxxxx & Xxxxxx, XX, Xxxxxx & Majestro, PLLC, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx LLC, and Rawls, Scheer, Xxxxx, & Xxxxx PLLC as Settlement Class Counsel, conditional appointment of Xxxxxx & Majestro, PLLC as Settlement Class Communication Counsel for Settlement purposes; (b) the Actions will revert to the status that existed before the Settlement Agreement’s execution date; and (c) 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 Actions or any other proceeding. 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, Defendants shall retain all their rights to continue to object to the maintenance of the Consolidated Actions as class actions, 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 Consolidated Actions may properly be maintained as class actions.

Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of the 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 Defendants or a minimum of two-thirds of Representative Plaintiffs, or if all Parties; (iii) the Court does not approve the Settlement or enter the Final Order and Judgment, ; or if (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, 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, as if this Agreement was never executed. In that eventthen: (ai) the Preliminary Approval Order and all of its provisions will be vacated by their its own terms, including, but not limited to, vacating conditional certification of the Class for SettlementClass, conditional appointment of Representative Plaintiffs Named Plaintiff as class representatives for Settlement purposes, appointment of Xxxxxx & Xxxxxx, P.A., Xxxxxx Xxxxxx & Xxxxxx, XX, Xxxxxx & Majestro, PLLC, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx LLCClass representative, and Rawls, Scheer, Xxxxx, & Xxxxx PLLC as Settlement Class Counsel, conditional appointment of Xxxxxx & Majestro, PLLC Plaintiff’s Counsel as Settlement Class Communication Counsel for Settlement purposesCounsel; (bii) the Actions Action will revert to the status that existed before Named Plaintiff filed his motion for approval of the Settlement Agreement’s execution datePreliminary Approval Order; and (ciii) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement Settlement discussions, negotiations, or documentation will have any effect effect, or be admissible into evidence evidence, for any purpose in the Actions 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, Defendants American Freight shall retain all their rights to continue to object to the maintenance of the Consolidated Actions Action as a class actionsaction, and nothing in this Settlement Agreement Agreement, or other papers or proceedings related to the Settlement Settlement, shall be used as evidence or argument by any Party concerning whether the Consolidated Actions Action may properly be maintained as a class actionsaction.

Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of the Settlement. In the event that Section 4.1 is invoked by New York & Company, 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 Defendants or a minimum of two-thirds of Representative Plaintiffsall 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: event (a) the Preliminary Approval Order and all of its provisions will be vacated by their its own terms, including, but not limited to, vacating conditional certification of the Class for SettlementClass, conditional appointment of Representative Plaintiffs as class representatives for Settlement purposes, appointment of Xxxxxx & Xxxxxx, P.A., Xxxxxx Xxxxxx & Xxxxxx, XX, Xxxxxx & Majestro, PLLC, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx LLCrepresentatives, and Rawls, Scheer, Xxxxx, & Xxxxx PLLC as Settlement Class Counsel, conditional appointment of Xxxxxx & Majestro, PLLC Plaintiffs’ Counsel as Settlement Class Communication Counsel for Settlement purposesCounsel; (b) Plaintiffs will voluntarily dismiss this case and re-file the Actions will revert to Complaint in the status that existed before United States District Court for the Settlement Agreement’s execution dateSouthern District of California; and (c) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement discussions, negotiations, negotiations or documentation will have any effect or be admissible into evidence for any purpose in the Actions Action or any other proceeding. 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, Defendants New York & Company shall retain all their its rights to continue to object to the maintenance of the Consolidated Actions Action as a class actionsaction, 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 Consolidated Actions Action may properly be maintained as a class actionsaction.

Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of the Settlement. In the event that Section 4.1 is invoked by Guess, 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 Defendants or a minimum of two-thirds of Representative Plaintiffsall 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 their its own terms, including, but not limited to, vacating conditional certification of the Class for SettlementClass, conditional appointment of Representative Plaintiffs as class representatives for Settlement purposes, appointment of Xxxxxx & Xxxxxx, P.A., Xxxxxx Xxxxxx & Xxxxxx, XX, Xxxxxx & Majestro, PLLC, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx LLCrepresentative, and Rawls, Scheer, Xxxxx, & Xxxxx PLLC as Settlement Class Counsel, conditional appointment of Xxxxxx & Majestro, PLLC Plaintiffs’ Counsel as Settlement Class Communication Counsel for Settlement purposesCounsel; (b) the Actions Action will revert to the status that existed before the Settlement Agreement’s execution datePlaintiffs filed their motion for approval of the Preliminary Approval Order; and (c) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement discussions, negotiations, negotiations or documentation will have any effect or be admissible into evidence for any purpose in the Actions Action or any other proceeding. 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, Defendants Guess shall retain all their its rights to continue to object to the maintenance of the Consolidated Actions Action as a class actionsaction, 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 Consolidated Actions Action may properly be maintained as a class actionsaction.

Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of the Settlement. In the event that Section 4.1 is invoked by TCP, 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 Defendants or a minimum of two-thirds of Representative Plaintiffsall 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: event (a) the Preliminary Approval Order and all of its provisions will be vacated by their its own terms, including, but not limited to, vacating conditional certification of the Class for SettlementClass, conditional appointment of Representative Plaintiffs as class representatives for Settlement purposes, appointment of Xxxxxx & Xxxxxx, P.A., Xxxxxx Xxxxxx & Xxxxxx, XX, Xxxxxx & Majestro, PLLC, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx LLCrepresentative, and Rawls, Scheer, Xxxxx, & Xxxxx PLLC as Settlement Class Counsel, conditional appointment of Xxxxxx & Majestro, PLLC Plaintiffs’ Counsel as Settlement Class Communication Counsel for Settlement purposesCounsel; (b) the Actions Action will revert to the status that existed before the Settlement Agreement’s execution datePlaintiffs filed their motion for approval of the Preliminary Approval Order (allowing TCP to, among other things, move to dismiss the Complaint and/or move to strike allegations contained therein); and (c) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement discussions, negotiations, negotiations or documentation will have any effect or be admissible into evidence for any purpose in the Actions Action or any other proceeding. 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, Defendants TCP shall retain all their its rights to continue to object to the maintenance of the Consolidated Actions Action as a class actionsaction, 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 Consolidated Actions Action may properly be maintained as a class actionsaction.

Effect of Agreement if Settlement Is Not Approved. This In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this Settlement Agreement was entered into only for the purpose of the Settlement. In If any of the event that following events occur, and cannot be cured by the Court conditions its approval of either Parties working in good faith to address any concerns raised by the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to Defendants or a minimum of two-thirds of Representative Plaintiffs, 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 reasonCourt, 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) Xxxxxx 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 Approval 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 Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. In that event: If any of the afore-described events occurs, then: (ai) the Preliminary Approval Order and all of its provisions will be vacated by their its own terms, including, but not limited to, vacating conditional certification of the Class for SettlementClass, conditional appointment of Representative Named Plaintiffs as class representatives for Settlement purposes, appointment of Xxxxxx & Xxxxxx, P.A., Xxxxxx Xxxxxx & Xxxxxx, XX, Xxxxxx & Majestro, PLLC, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxx LLCClass representatives, and Rawls, Scheer, Xxxxx, & Xxxxx PLLC as Settlement Class Counsel, conditional appointment of Xxxxxx & Majestro, PLLC Plaintiffs’ Counsel as Settlement Class Communication Counsel for Settlement purposesCounsel; (bii) the Actions Action will revert to the status that existed before Named Plaintiffs filed their motion for approval of the Settlement Agreement’s execution datePreliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) Xxxxxx shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrations; and (cv) no term or draft of this Settlement Agreement, or any part of the Parties’ settlement Settlement discussions, negotiations, negotiations or documentation will have any effect effect, or be admissible into evidence evidence, for any purpose in the Actions Action or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, Defendants Xxxxxx shall retain all their its rights to continue to object to the maintenance of the Consolidated Actions Action as a class actionsaction and to enforce its arbitration terms, and nothing in this Settlement Agreement Agreement, or other papers or proceedings related to the Settlement Settlement, shall be used as evidence or argument by any Party concerning whether the Consolidated Actions Action may properly be maintained as a class actionsaction or other form of litigation.