Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Settlement Class Members, and shall not be used in the Action or in any other action or proceeding for any purpose, and any order or judgment entered by the Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Settlement Class Member and shall not be admissible or offered into evidence in any action or proceeding, and shall not be deemed, asserted or construed to be an admission or confession by any Party or any other Person or entity of any fact, matter or proposition of law, and shall not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall stand in the same position as if this Agreement and the Settlement had not been negotiated, made or submitted to the Court.
Effect of Non-Approval. If the AJ does not approve the Settlement, the Settlement Agreement is null and void, though the Parties shall work in good faith to reach a revised Settlement Agreement to submit to the AJ. Nothing in this Settlement
Effect of Non-Approval. 1. In the event that the Agreement, in the form submitted by the Settling Parties, is not approved by the Court for any reason, then the Settling Parties will attempt in good faith to address any concerns raised by the Court and resubmit a revised settlement agreement, if possible. If the Settling Parties cannot agree on a revised settlement agreement or if the Court denies the approval of a revised settlement agreement, this Agreement or the revised agreement shall be terminated as of the date the Court’s order denying approval of the Agreement or revised agreement was entered (“Court Denial of Approval”). In such event, the Settling Parties shall immediately file a joint stipulation for dismissal of the Litigation without prejudice.
2. Upon termination of this Agreement or any revised agreement: (A) this Agreement and, if applicable, the revised agreement shall have no force or effect, and no Settling Party shall be bound by any of its terms, and any documents executed or filed in connection with this Agreement shall be inadmissible in evidence and shall have no preclusive or other effect; (B) the stipulation that the Putative Collective Members are similarly situated to the Named Plaintiffs under 29 U.S.C. § 216(b) and any other law and the releases given shall be null and void, and it shall be inadmissible in evidence and shall have no preclusive or other effect; (C) Liberty Mutual shall retain the right to remove any newly-filed case, to contest whether the case
Effect of Non-Approval. In the event that this Settlement Agreement does not become final and binding, this 16 Settlement Agreement will become null and void. No party shall be deemed to have 17 waived any claims, objections, rights or defenses, or legal arguments or positions.
Effect of Non-Approval. If the Commission does not accept and approve this Stipulation in its entirety or imposes any additional conditions or requirements upon the signatory Parties, then: (a) any Party may elect, in writing docketed in this proceeding, within ten (10) days of such Commission Order, that this Stipulation shall be void and withdrawn by the Parties hereto from further consideration by the Commission and neither Party shall be bound by any of the provisions herein; and (b) each Party shall have the right, within twenty (20) days of the Commission’s Order, to file a petition for rehearing, including a notice of termination of and withdrawal from the Stipulation; and, (c) in the event of such termination and withdrawal of the Stipulation, neither the terms of this Stipulation nor any matters raised during the settlement negotiations shall be binding on any of the signatory Parties to this Stipulation or be construed against any of the signatory Parties. Should the Stipulation be voided or vacated for any reason after the Commission has approved the Stipulation and thereafter any implementation of the terms of the Stipulation has been made, then the Parties shall be returned to the status quo existing at the time immediately prior to the execution of this Stipulation.
Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason including Termination pursuant to Section 13.1 above, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Class Members, and shall not be used in this Action or in any other action or proceeding for any purpose, and any order or judgment entered by the Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared, and statements made in connection with this Agreement shall be without prejudice to any Party or Class Member and shall not be admissible or offered into evidence in any action or proceeding, and shall not be deemed, asserted, or construed to be an
Effect of Non-Approval. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order, in substantially the same form as the proposed Final Approval Order attached as Exhibit D, that finally certifies the Settlement Class for the purposes of this Settlement, grants final approval of the Agreement, enters final judgment dismissing with prejudice the Plaintiff’s and Settlement Class Members’ claims, dismisses with prejudice the Non-Settling Defendants’ crossclaims against the Settling Defendants, preserves the Remaining Claims against the Non-Settling Defendants, and provides all other relief specified herein, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder. If the Court does not enter the Final Approval Order in substantially the same form as the proposed Final Approval Order attached as Exhibit D, the Settling Defendants shall have no obligation under this Agreement and the Parties will return to the status quo ante.
Effect of Non-Approval. In the event that the Brazilian antitrust authorities refuse to accept the transaction as contemplated hereunder or impose restrictions on the transaction that are unacceptable to one or more of the Parties hereunder, the Parties shall in good faith seek to modify their mutual contractual arrangements to the extent reasonably necessary to satisfy the requirements of the Brazilian antitrust authorities.
Effect of Non-Approval. 1. In the event that this Settlement Agreement does not become final and binding, this Settlement Agreement will become null and void. No party shall be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions. Neither this Settlement Agreement nor the Court’s Preliminary or Final Approval thereof shall be admissible in any court regarding any issue or subject (except for the purpose of enforcing this Settlement Agreement). Each Party reserves the right to prosecute or defend the Action in the event that the Settlement Agreement does not become final and binding.
2. If this Settlement Agreement is not approved by the Court or for any other reason is terminated or fails to become effective in accordance with its terms (or, if following approval by this Court, such approval is reversed or substantively modified on appellate review), the Parties shall be restored to their respective positions that existed in this Action prior to entering into this Settlement Agreement; the terms and provisions of this Settlement Agreement shall have no force or effect and shall not be used in the Action or in any proceeding for any purpose; the Settlement Fund shall be returned to Defendant, including the interest earned by the Settlement Fund through the date of termination (after deducting all costs and expenses, including costs of providing Notice of Settlement to Class Members paid or incurred by Class Counsel as of the date of the termination); any order entered by the Court in accordance with the terms of this Settlement Agreement shall be treated as vacated, nunc pro tunc; and the litigation of the Action will resume as if there had been no Settlement Agreement. The Parties retain all rights, claims, and defenses as to any of the allegations asserted in this Action. The Settlement Agreement will not represent a cap on damages available to the Named Plaintiffs or the Class if the Settlement Agreement fails to be effective in accordance with its terms.
3. All negotiations in connection herewith, and all statements made by the Parties at or submitted to the District Court during the Fairness Hearing shall be without prejudice to the Parties to this Settlement Agreement and shall not be deemed or construed to be an admission by a Party of any fact, matter, or proposition.
4. The Parties retain all defenses, arguments, and motions as to all claims that have been or might later be asserted in the Action, and nothing in this Settlement...
Effect of Non-Approval. 15 18.1 In the event the Court in this Action or any other Court (a) disapproves, sets aside, 16 or modifies this Settlement Agreement; (b) declines for any reason to enter or give effect to a
