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 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 as a class action.

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 all Parties; (iii) 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 (iv) 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. If any of the afore-described events occurs, thenIn that event: (ia) the Preliminary Approval Order and all of its provisions will be vacated by its their own terms, including, but not limited to, vacating conditional certification of the ClassClass for Settlement, conditional appointment of Named Plaintiff Representative Plaintiffs as Class representativeclass 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 Plaintiff’s Xxxxxx & Majestro, PLLC as Settlement Class Communication Counsel as Class Counselfor Settlement purposes; (iib) the Action Actions will revert to the status that existed before Named Plaintiff filed his motion for approval of the Preliminary Approval OrderSettlement Agreement’s execution date; and (iiic) 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 Action Actions 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 Defendants shall retain all their rights to continue to object to the maintenance of the Action Consolidated Actions as a class actionactions, 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 Action Consolidated Actions may properly be maintained as a class actionactions.

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 will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval may will be granted. With that understanding, this Settlement Agreement was entered into only for the purpose of Settlement. If any of the following events occur, and cannot be cured by the Parties working in good faith to address any concerns raised by the Court, 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 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. 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 Plaintiffs as Class representativerepresentatives, and conditional appointment of Plaintiff’s Plaintiffs’ Counsel as Class Counsel; (ii) the Action will revert to the status that existed before Named Plaintiff Plaintiffs filed his their motion for approval of the Preliminary 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 (v) 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 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 Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, American Freight Xxxxxx shall retain all its rights to object to the maintenance of the Action as a class actionaction and to enforce its arbitration terms, 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 as a class actionaction or other form of litigation.

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) 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 all Parties; (iii) , or if the Court does not approve the Settlement or enter the Final Order and Judgment; , or (iv) 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. If any of the afore-described events occurs, then: In that event (ia) 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 Plaintiffs as Class class representative, and conditional appointment of Plaintiff’s Plaintiffs’ Counsel as Class Counsel; (iib) the Action will revert to the status that existed before Named Plaintiff the Plaintiffs filed his their motion for approval of the Preliminary Approval OrderOrder (allowing TCP to, among other things, move to dismiss the Complaint and/or move to strike allegations contained therein); and (iiic) 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 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 TCP shall retain all its rights to object to the maintenance of the Action as a class action, 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 Action may properly be maintained as a class action.

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) 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 all Parties; (iii) , or if the Court does not approve the Settlement or enter the Final Order and Judgment; , or (iv) 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. If any of the afore-described events occurs, then:In that event (ia) 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 Plaintiffs as Class class representative, and conditional appointment of Plaintiff’s Plaintiffs’ Counsel as Class Counsel; (iib) the Action will revert to the status that existed before Named Plaintiff the Plaintiffs filed his their motion for approval of the Preliminary Approval Order; and (iiic) 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 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 Guess shall retain all its rights to object to the maintenance of the Action as a class action, 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 Action may properly be maintained as a class action.

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) 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 all Parties; (iii) , or if the Court does not approve the Settlement or enter the Final Order and Judgment; , or (iv) 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. If any of the afore-described events occurs, then: In that event (ia) 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 Plaintiffs as Class representativeclass representatives, and conditional appointment of Plaintiff’s Plaintiffs’ Counsel as Class Counsel; (iib) Plaintiffs will voluntarily dismiss this case and re-file the Action will revert to Complaint in the status that existed before Named Plaintiff filed his motion United States District Court for approval the Southern District of the Preliminary Approval OrderCalifornia; and (iiic) 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 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 New York & Company shall retain all its rights to object to the maintenance of the Action as a class action, 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 Action may properly be maintained as a class action.