Common use of Effect of Failure to Grant Final Approval Clause in Contracts

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.

Effect of Failure to Grant Final Approval. If In the event the Court denies Plaintiffs’ Final Approval Motionfails to dismiss this matter with prejudice in accordance with this Agreement or such dismissal or this settlement does not become final as defined herein, the Parties will work together, diligently and in good faith, to remedy any issue(s) leading to such denial (without any change to shall resume the Gross Settlement Amount). If, despite Lawsuit unless 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 venueParties jointly agree to: (A1) The Litigation seek reconsideration or appellate review of the decision denying entry of dismissal with prejudice, or (2) attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. In the event any reconsideration or appellate review is denied, or a mutually agreed-upon settlement is not approved, the Lawsuit 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 and collective 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)automatically decertified, and Defendant retains all rights and defenses, including the right to Xxxxx may contest whether the Litigation this Lawsuit should be certified and maintained as a class action or collective action and to contest the merits of the claims being asserted by Plaintiffs in the Litigation; and (B) In the event the Court denies Plaintiffs’ Final Approval Motionthis action. Additionally, Defendant agrees to pay if not finally approved, the Settlement Administrator’s 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 Settlement Claims Administrator via First Class United States Mail, postage prepaid, to the addresses used by the Settlement Claims Administrator in mailing the Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing. The Settlement Fund will be returned to Dyson, less the administration fees and costs of the Settlement Administrator that are actually incurred through the date the Court denies the Final Approval Motionto such date.

Effect of Failure to Grant Final Approval. (A) If the Court denies Plaintiffs’ the Final Approval Motion, the Parties will work together, diligently and in good faith, to remedy any issue(s) leading to such denial and to seek appellate review of the ruling or order denying the motion and/or Court approval of a renegotiated settlement (without any change to the amount of the Gross Settlement AmountFund). If, despite the Parties’ efforts, the Court continues to deny the Final Approval Motion (or otherwise to approve the Settlement), or appellate review is denied, 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. . (B) 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 Fund will be distributed, and the entire Gross Settlement Amount Fund will revert to DefendantDefendant within five (5) days of the Settlement becoming null and void. 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 collective and/or class action and to contest the merits of the claims being asserted in the Litigation; and, and the Parties agree that neither this Agreement, nor any ancillary documents, actions, statements, or filing in furtherance of settlement shall be admissible or offered or useable in the Litigation or any other action or proceeding for any purpose whatsoever. (BC) In Class Counsel will provide notice to Class Members that the event Agreement did not receive final approval and that, as a result, no payments will be made to Class Members under the Court denies Plaintiffs’ Final Approval MotionAgreement. Such notice shall be mailed by the Claims Administrator via First Class United States Mail, Defendant agrees postage prepaid, to pay the Settlement Administrator’s addresses used by the Claims Administrator in mailing the Notice. (D) The Parties agree to share jointly the costs of the Claims Administrator fees and costs incurred through the date the Court denies the Final Approval Motionfinal approval.

Effect of Failure to Grant Final Approval. If In the event the Court denies Plaintiffs’ does not enter Judgment in accordance with this Agreement, or such Judgment does not become Final Approval Motionas defined herein, the Parties will work together, diligently and in good faith, agree to remedy any issue(sproceed as follows. The Parties jointly agree to (a) 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 seek reconsideration of the Service Payment decision denying entry of Judgment, or (b) attempt to renegotiate the Named Plaintiff or Class Counsel’s Attorneys’ Fees settlement and Litigation Expenses will not constitute a failure to approve seek Court approval of the Settlement renegotiated settlement. In the event any reconsideration is denied, or a material modification of the Settlement. If the Settlement becomes null and void, or if the action mutually-agreed-upon settlement is dismissed or transferred on the basis of personal jurisdiction or venuenot approved: (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)decertified, and Defendant retains all rights and defenses, including the right to contest whether the this Litigation should be certified and maintained as a class action or collective action and to contest the merits of the claims being asserted by Plaintiffs in the Litigation; andthis action. (B) In Payments made by Defendant to the event Claims Administrator prior to the denial of Court denies Plaintiffs’ Final Approval Motionapproval shall be credited against any future settlement or judgment, if any. If notice of settlement was provided to the Class before final approval was denied, the Parties shall jointly prepare, and submit for Court approval, a 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 last address used by the Claims Administrator in mailing the Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing. Class Counsel shall be responsible for the costs of mailing the Court-approved notice advising the settlement was not approved. (C) Upon notification from counsel for the Parties that the Agreement did not receive final approval, the Claims Administrator shall return to Defendant agrees to pay within 10 days the entire amount of the Settlement Administrator’s fees and costs incurred through the date the Court denies the Final Approval MotionFund that has been deposited (if any), with any interest accrued thereon.

Effect of Failure to Grant Final Approval. If In the event the Court denies Plaintiffs’ Final Approval Motionfails to dismiss this matter with prejudice in accordance with this Agreement or such dismissal or this settlement does not become final, the Settlement Fund shall within three (3) days be returned to Defense Counsel, less accrued administration fees, and the Parties will work together, diligently and in good faith, to remedy any issue(sshall resume the Litigation unless the Parties jointly agree to: (1) 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 (seek reconsideration 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 review of the Service Payment decision denying entry of dismissal with prejudice, or (2) attempt to renegotiate the Named Plaintiff settlement and seek Court approval of the renegotiated settlement. In the event any reconsideration or Class Counsel’s Attorneys’ Fees and Litigation Expenses will not constitute a failure to approve the Settlement appellate review is denied, or a material modification of the Settlement. If the Settlement becomes null and void, or if the action mutually agreed-upon settlement is dismissed or transferred on the basis of personal jurisdiction or venuenot approved: (A) The Litigation will proceed as if no settlement had been attempted, no portion with the status existing as of the Gross Settlement Amount will be distributed, and date immediately before the entire Gross Settlement Amount will revert to Defendantparties entered into their memorandum of understanding. In that event, the class and collective 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)automatically decertified, and Defendant retains all rights may contest any application by Named Plaintiffs thereafter to request the Court to certify and defenses, including the right to contest whether the maintain this Litigation should be certified and maintained as a class action or collective action, and to contest the merits of the claims being asserted by Named Plaintiffs in the Litigation; andthis action. (B) In The Administrator will provide notice to Class Members that the event 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 Administrator in the same manner as the mailing of the Notice and Claim Form, but there shall be no published notice. (C) The Settlement Fund will be returned to Defendant, less the accrued administration fees of the Administrator if the Notices were already distributed by the Administrator, within three (3) days. For the avoidance of doubt, Defendant will have no monetary obligation if the Court denies Plaintiffs’ does not approve this settlement and issue a Final Approval MotionOrder approving this settlement as fair, Defendant agrees to pay the Settlement Administrator’s fees adequate, and costs incurred through the date the Court denies the Final Approval Motionreasonable.

Effect of Failure to Grant Final Approval. If the Court denies Plaintiffs’ there is no 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)Approval, 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 Award to the Named Plaintiff or Class Counsel’s Attorneysattorneys’ Fees fees and Litigation Expenses expenses will not constitute a failure to approve the Settlement or a material modification of the Settlement, and provided that the Parties do not jointly agree to: (1) seek reconsideration or appellate review of the decision denying entry of Judgment, or (2) attempt to renegotiate the settlement and seek Court approval of the renegotiated 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 DefendantDefendants. 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)decertified, and Defendant retains all rights and defenses, including the right to Defendants may contest whether the this Litigation should be certified and maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs in the Litigation; andthis action. (B) In Class Counsel will provide notice to Class Members that the event Agreement did not receive final approval and that, as a result, no payments will be made to Class Members under the Court denies Plaintiffs’ Final Approval Motion, Defendant agrees to pay Agreement. Such notice shall be mailed by the Settlement Administrator’s fees and costs incurred through the date the Court denies the Final Approval Motion.Settlement

Effect of Failure to Grant Final Approval. If The Agreement and payment of the Settlement Amount are contingent upon the Court’s approval of the Settlement and this Agreement. In the event: (1) the Court denies Plaintiffs’ fails to enter a 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 Order approving 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 Awards or Class Plaintiff’s Counsel’s Attorneysattorneys’ Fees fees and Litigation Expenses expenses will not constitute a failure to approve the Settlement or a material modification of the Settlement. If ); and (2) either (a) a Party does not seek reconsideration or appellate review of the decision denying entry of the Judgment, or (b) the Parties attempt to renegotiate the Settlement becomes and seek Court approval of the renegotiated settlement, then the Settlement and this Agreement will become null and void ab initio. In the event the Settlement and this Agreement become null and void, or if the action is dismissed or transferred on the basis of personal jurisdiction or venue: (A) 1. The Litigation Parties shall have no further rights or obligations under this Agreement or the Supplemental Settlement Agreements and the pleadings shall revert to status quo ante and Defendants shall maintain all rights and defenses including the right to contest certification. 2. The Lawsuit will proceed as if no settlement had been attempted. In such a case, the Parties will negotiate and submit for Court approval a revised case management schedule. 3. Notice will be provided to Class Members that the Agreement did not receive final approval and that, as a result, no portion payments will be made to Class Members under the Agreement. Such notice shall be mailed by the Claims Administrator via email and First- Class United States 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. 4. The Parties will equally share payment of the Gross Settlement Amount will be distributed, fees and the entire Gross Settlement Amount will revert costs reasonably incurred to Defendant. In that event, the class certified for purposes of settlement shall be decertified (either date by the Court sua sponte or on a motion by Defendant, which Plaintiffs agree not to oppose), and Defendant retains all rights and defensesClaims Administrator, including the right to contest whether the Litigation should be certified and maintained as a class action and to contest the merits mailing of the claims being asserted notices specified herein. 5. Defendants reserve all rights to compel arbitration with respect to any Class Member who is subject to an arbitration agreement. 6. This Agreement (including Exhibits) will not be used for any purpose whatsoever, including precluding use in connection with the Litigation; and (B) In the event the Court denies Plaintiffs’ Final Approval MotionLawsuit, Defendant agrees to pay the Settlement Administrator’s fees and costs incurred through the date the Court denies the Final Approval Motionany future Lawsuit, or any other lawsuit, administrative or other legal proceeding, claim, investigation, or complaint.