Effect of Failure to Grant Final Approval Sample Clauses

Effect of Failure to Grant Final Approval. If the Court denies Plaintiffs’ Final Approval Motion, the Parties will work together, diligently and in good faith, to remedy any issue(s) leading to such denial (without any change to the Gross Settlement Amount). If, despite the Parties’ efforts, the Court continues to deny the Final Approval Motion (or otherwise to approve the Settlement), then the Settlement will become null and void, provided that the failure by the Court or an appellate court to award or sustain the full amount of the Service Payment to the Named Plaintiff or Class Counsel’s Attorneys’ Fees and Litigation Expenses will not constitute a failure to approve the Settlement or a material modification of the Settlement. If the Settlement becomes null and void, or if the action is dismissed or transferred on the basis of personal jurisdiction or venue: (A) The Litigation will proceed as if no settlement had been attempted, no portion of the Gross Settlement Amount will be distributed, and the entire Gross Settlement Amount will revert to Defendant. In that event, the class certified for purposes of settlement shall be decertified (either by the Court sua sponte or on a motion by Defendant, which Plaintiffs agree not to oppose), and Defendant retains all rights and defenses, including the right to contest whether the Litigation should be certified and maintained as a class action and to contest the merits of the claims being asserted in the Litigation; and (B) In the event the Court denies Plaintiffs’ Final Approval Motion, Defendant agrees to pay the Settlement Administrator’s fees and costs incurred through the date the Court denies the Final Approval Motion.
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Effect of Failure to Grant Final Approval. If Final Approval does not occur, this Agreement shall be null and void.
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Effect of Failure to Grant Final Approval. In the event the Court denies Plaintiff’s Motion for Judgment and Final Approval or such Judgment does not become final and effective for any other reason whatsoever, the Parties shall proceed as follows: (A) Attempt to resolve and reconcile the issue raised by the Court and resubmit any additional documents and information to obtain Final Approval. (B) If the Court again declines such Final Approval, then the Litigation will proceed as if no settlement had been attempted. Defendants shall retain the right to contest or move to decertify the existing class, including whether this Litigation should be maintained as a class and to contest the merits of the claims being asserted by Plaintiff in this action. (C) The Court will provide notice to Class Members that the Agreement did not receive final approval and that, as a result, no payments will be made to Class Members under the Agreement. Such notice shall be mailed by the Claims Administrator via First Class United States Mail, postage prepaid, to the addresses used by the Claims Administrator in mailing the Court- approved Class Notice. The parties shall share in the cost of the mailing notice. (D) A new Scheduling Order shall be entered to allow time for the parties to file any necessary motions in advance of trial, including summary judgment.
Sample 1
Effect of Failure to Grant Final Approval. In the event the Court does not enter Judgment in accordance with this Settlement Agreement, or the Settlement Agreement does not receive Final Approval as defined herein, the Parties will proceed as follows: 1. The Case will resume unless the Parties jointly agree to: (a) seek reconsideration or appellate review of the decision denying entry of Judgment, or (b) attempt to renegotiate the Settlement Agreement and seek Court approval of a renegotiated settlement. 2. In the event any reconsideration or appellate review contemplated by Section 3. If the Settlement Agreement is not approved, the Case will proceed as if no settlement has been attempted. In that event, the class certified for purposes of settlement will be decertified, and Defendants retain the right to contest whether this action should be maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs in this Case.
Sample 1
Effect of Failure to Grant Final Approval. In the event the Court fails to enter an order approving settlement in accordance with this Agreement (except for a modification of the attorneys’ fees or Service Award) the Parties shall proceed as follows: a. The Lawsuit will resume unless the Parties jointly agree to: (a) seek reconsideration or appellate review of the decision denying approval of settlement, or (b) attempt to renegotiate the settlement and seek Court approval of the re-negotiated settlement. b. In the event any reconsideration and/or appellate review is denied, the Parties shall have no further rights or obligations under this Agreement.
Sample 1
Effect of Failure to Grant Final Approval. In the event the Court fails to enter the Final Approval Order or if such approval does not become final as contemplated herein, the Parties shall resume the Litigation unless the Parties jointly agree to: (1) seek reconsideration or appellate review of the decision denying Final Approval of the Settlement; or (2) attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. In the event that any reconsideration or appellate review is denied, or a mutually agreed-upon settlement is not approved: (A) The Litigation will proceed as if no settlement had been attempted. In that event, the class certified for purposes of settlement shall be decertified, and HRC may contest whether this Litigation should be maintained as a class action or collective action and contest the merits of the claims being asserted by Plaintiffs in this Action. In such a case, the Parties will negotiate and submit for Court approval a revised case management schedule. (B) The Claims Administrator will provide notice to Class Members that the Agreement did not receive final approval and that, as a result, no payments will be made to Class Members under the Agreement. Such notice shall be mailed by the Claims Administrator via First Class U.S. Mail, postage prepaid, to the addresses used by the Claims Administrator in mailing the Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing with the Claims Administration cost to be borne equally by the parties
Sample 1
Effect of Failure to Grant Final Approval. In the event the Court does not grant final approval for the parties’ settlement agreement and dismiss the Class and Collective Litigation with prejudice, the Parties agree to proceed as follows. The Parties jointly agree to (a) seek reconsideration of the decision denying entry of Judgment, or (b) attempt to renegotiate a mutually agreeable settlement to address the issues raised by the Court and seek Court approval of the renegotiated settlement. In the event any reconsideration is denied, or a mutually-agreed-upon settlement is not approved: (A) The Class and Collective Litigation will proceed as if no settlement had been attempted. In that event, the class certified for purposes of settlement shall be decertified, without prejudice to the Plaintiffs’ right to renew their motions for class certification; (B) The Court will provide notice to Class and Collective Members that the Agreement did not receive final approval and that, as a result, no payments will be made to Class and Collective Members under the Agreement. Such notice shall be mailed by the Settlement Administrator via First Class United States Mail (postage prepaid) to the last addresses used by the Settlement Administrator in mailing the Notice of Proposed Settlement. Defendant shall pay all of the Settlement Administrator’s expenses for performing services pursuant to this settlement agreement.
Sample 1
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Effect of Failure to Grant Final Approval. If the Court fails to enter a Final Order and Judgment substantially in the form attached as Exhibit C, or if there is an appeal and the Final Order and Judgment is set aside, or if the Settlement does not become effective for any other reason, then this Settlement Agreement shall be null and void ab initio, shall have no force or effect, and shall impose no obligations on the Parties except that the Parties will be prohibited from using this Settlement Agreement or the Parties' settlement discussions as evidence in the Lawsuit. The intent of the immediately preceding sentence is that, in the event final approval is denied or the Settlement does not become effective for any other reason, the Parties will revert to their positions immediately before the execution of the Settlement Agreement, and the Lawsuit will resume. In the event that the Settlement is not approved, the Parties reserve all rights, claims, defenses, and appeals that they may have.
Sample 1
Effect of Failure to Grant Final Approval. In the event the Court does not grant final approval in accordance with this Agreement, or such judgment does not become final as defined herein, the Parties agree to proceed as follows: The Parties jointly agree to attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. Defendants will not oppose Plaintiffs’ application for a Named Plaintiff Service Award, and attorneys’ fees, and costs, or appeal of denial of such items in the event not awarded as requested pursuant to the terms of this Settlement Agreement. In the event a mutually-agreed-upon settlement is not approved the Litigation will proceed as if no settlement had been attempted. In that event, Defendants retains the right to contest whether this Litigation should be maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs.
Sample 1

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