Common use of Effect of Disapproval Clause in Contracts

Effect of Disapproval. If the Settlement does not receive Final Approval or the Effective Date does not otherwise occur, Defendant shall have the right to terminate this Agreement and the Settlement and will have no further obligations under the Agreement unless Defendant waives in writing its right to terminate the Agreement under this section. In addition, the Parties agree that if this Agreement becomes null and void, Defendant shall not be prejudiced in any way from opposing class certification in the Action, and Plaintiff and Settlement Class members shall not use anything in this Agreement, in any term sheet, or in the Preliminary Approval Order or Final Approval Order to support a motion for class certification or as evidence of any wrongdoing by Defendant. No Party shall be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions, including but not limited to, claims or objections to class certification, or claims or defenses on the merits. Each Party reserves the right to prosecute or defend this Action in the event that this Agreement does not become final and binding.

Effect of Disapproval. If the Settlement does not receive Final Approval or the Effective Date does not otherwise occurcome to pass, Defendant BANA shall have the right to terminate this Agreement and the Settlement and will have no further obligations under the Agreement unless Defendant BANA waives in writing its right to terminate the Agreement under this section. In addition, the Parties agree that if this Agreement becomes null and void, Defendant BANA shall not be prejudiced in any way from opposing class certification in the Action, and Plaintiff Plaintiffs and Settlement the Class members Members shall not use anything in this Agreement, in any term terms sheet, or in the Preliminary Approval Order or Final Approval Order to support a motion for class certification or as evidence of any wrongdoing by DefendantBANA. No Party shall be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions, including but not limited to, claims or objections to class certification, or claims or defenses on the merits. Each Party reserves the right to prosecute or defend this Action in the event that this Agreement does not become final and binding.

Effect of Disapproval. If the Settlement does not receive Final Approval or the Effective Date does not otherwise occurcome to pass, Defendant Capital One shall have the right to terminate this Agreement and the Settlement and will have no further obligations under the Agreement unless Defendant Capital One waives in writing its right to terminate the Agreement under this section. In addition, the Parties agree that if this Agreement becomes null and void, Defendant Capital One shall not be prejudiced in any way from opposing class certification in the Action, and Plaintiff Plaintiffs and the Settlement Class members Members shall not use anything in this Agreement, in any term terms sheet, or in the Preliminary Approval Order or Final Approval Order to support a motion for class certification or as evidence of any wrongdoing by DefendantCapital One. No Party shall be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions, including but not limited to, claims or objections to class certification, or claims or defenses on the merits. Each Party reserves the right to prosecute or defend this the Action in the event that this Agreement does not become final and binding.

Effect of Disapproval. If the Settlement does not receive Final Approval or the Effective Date does not otherwise occurcome to pass, Defendant shall have the right to terminate this Agreement and the Settlement and will have no further obligations under the Agreement unless Defendant waives in writing its right to terminate the Agreement under this section. In addition, the Parties agree that if this Agreement becomes null and void, Defendant shall not be prejudiced in any way from opposing class certification in the Action, and Plaintiff Plaintiffs and Settlement the Class members Members shall not use anything in this Agreement, in any term terms sheet, or in the Preliminary Approval Order or Final Approval Order to support a motion for class certification or as evidence of any wrongdoing by Defendant. No Party shall be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions, including but not limited to, claims or objections to class certification, or claims or defenses on the merits. Each Party reserves the right to prosecute or defend this Action in the event that this Agreement does not become final and binding.