Effect of Settlement Not Being Final Sample Clauses

Effect of Settlement Not Being Final. In the event that the Settlement does not become Final then the Settlement Agreement shall become null and void, and all negotiations, proceedings, and statements relating thereto shall be without prejudice as to the rights of any and all Parties hereto, and all Parties and their respective predecessors and successors shall be deemed to have reverted to their respective positions in the Action as of the date and time immediately prior to the execution of this Settlement Agreement, and shall retain all rights to make all arguments regarding the merits of the claims and the appropriateness of the case for class and/or representative action treatment. If the Court does not approve either preliminarily or finally any material term or condition of the Settlement Agreement, or if the Court effects a material change to the Settlement, then this entire Settlement Agre discretion, voidable and unenforceable. Notwithstanding the foregoing, the Parties shall meet and confer to address any concerns the Court may have regarding the Settlement, including revisions to this Agreement as requested by the Court and agreed by the Parties, additional briefing, and additional declarations, among other things.
Sample 1
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Effect of Settlement Not Being Final. In the event the Court does not enter a Final Approval Order granting approval of the Settlement, the Agreement shall become null and void, and its terms and all documents setting out its terms shall be inadmissible in further litigation of this or any other case. Specifically, in the event (a) the Court should for any reason fail to approve this Settlement consistent with the specific terms agreed to by the Parties as set forth in this Agreement, except to the extent of a reduction in amount for Attorneys’ Fees and Costs, the Service DocuSign Envelope ID: 709BDE91-36CC-4940-9510-8E54E296371D Award, and/or Settlement Administration Costs; (b) any government agency objects, intervenes (e.g., should the LWDA provide notice of intent to investigate the alleged violations set forth in the LWDA Letter), or otherwise interferes with the enforcement of the Settlement embodied in this Agreement; (c) the Court should for any reason fail to enter the Preliminary Approval Order and Order Approving PAGA Settlement, and/or Final Approval Order; (d) the Final Approval Order is reversed, modified, or declared or rendered void; (e) the Settlement does not become final for any other reasons; (f) should the LWDA provide notice of intent to investigate the alleged violations set forth in the LWDA Letter; or (g) judgment is not entered by the Court that binds the Plaintiff, Settlement Class Members, or PAGA Releasees, then this Settlement shall automatically be considered null and void, and any order entered by the Court in furtherance of this Settlement shall be treated as void from the beginning. In that instance, (i) neither this Agreement nor any of the related negotiations or proceedings shall be of any force or effect; (ii) all Parties to this Agreement and the pleadings in these Lawsuits shall stand in the same litigation position they were prior to the signing of this Agreement, without prejudice to either party; and (iii) Defendant shall not have any obligation to pay any portion of the GSA to anyone under the terms of this Agreement, and (iv) all previous disbursements (if any) from the GSA shall immediately be paid back to Defendant. Invalidation of any material portion of this Agreement shall invalidate this Agreement in its entirety, unless the Parties shall subsequently agree in writing that the remaining provisions shall remain in full force and effect. Prior to enforcing this Paragraph, the Parties shall meet and good faith to resolve issues pursuant the Coope...
Sample 1
Effect of Settlement Not Being Final. 2 In the event that the Settlement does not become final then the Settlement Agreement 3 will become null and void, and all negotiations, proceedings, and statements relating thereto will 4 be without prejudice as to the rights of any and all Parties hereto, and all Parties and their 5 respective predecessors and successors will be deemed to have reverted to their respective 6 positions in the Action as of the date and time immediately prior to the execution of this 7 Settlement Agreement. If the Court does not approve either preliminarily or finally any material 8 term or condition of the Settlement Agreement, or if the Court effects a material change to the 9 parties’ settlement, then this entire Settlement Agreement will be, at the Parties’ discretion, 10 voidable and unenforceable.
Sample 1
Effect of Settlement Not Being Final. In the event that the settlement does not become final for whatever reason, then the Agreement shall become null and void, and all negotiations, proceedings, and statements relating thereto shall be without prejudice as to the rights of any and all parties hereto, and all parties shall be deemed to have reverted to their respective positions in the Action as of the date and time immediately prior to the filing of the motion for preliminary approval. At that point, the Action will resume unless the parties jointly agree to (a) seek reconsideration or appellate review of the decision denying approval of the Agreement; or (b) attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. In the event any reconsideration and/or appellate review is denied, or a mutually agreed settlement is not approved, the Action will proceed as if no settlement has been attempted, and any preliminary orders the Agreement will be voided.
Sample 1
Effect of Settlement Not Being Final. In the event that the Settlement does not become final, then the Settlement Agreement will become null and void, and all negotiations, proceedings, and statements relating thereto will be without prejudice as to the rights of any and all Parties hereto, and all Parties and their respective predecessors and successors will be deemed to have reverted to their respective positions in the Action as of the date and time immediately prior to the execution of this Settlement Agreement. If the Court does not approve either preliminarily or finally any material term or condition of the Settlement Agreement, or if the Court effects a material change to the Parties’ settlement (including but not limited to the scope of release to be granted by Class Members or the binding effect of the Settlement on Class Members), the Parties shall work together in good faith to address any concerns raised by the Court and propose a revised Settlement for the Court’s approval.
Sample 1
Effect of Settlement Not Being Final. In the event that the Settlement as provided for in this Stipulation does not become final, or does not become effective for any reason other than the failure of any settling party to perform such party's obligations hereunder, then (except as the lack of the Settlement becoming final because of any appeal may be waived by Sears) the Stipulation shall become null and void and of no further force and effect, and all negotiations, proceedings, and statements relating thereto shall be without prejudice as to the rights of any and all parties hereto and their respective predecessors and successors, and all parties and their respective predecessors and successors shall be restored to their respective positions existing at the date of the Stipulation.
Sample 1

Related to Effect of Settlement Not Being Final

  • Effect of Settlement Neither the Grantee nor any of the Grantee’s successors, heirs, assigns or personal representatives shall have any further rights or interests in any Restricted Stock Units that have been paid and settled. Although a settlement date or range of dates for settlement are specified above in order to comply with Code Section 409A, the Company retains discretion to determine the settlement date, and no Grantee or beneficiary of a Grantee shall have any claim for damages or loss by virtue of the fact that the market price of Common Stock was higher on a given date upon which settlement could have been made as compared to the market price on or after the actual settlement date (any claim relating to settlement will be limited to a claim for delivery of Shares and related dividend equivalents).

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • EXECUTION OF SETTLEMENT AGREEMENT 36. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • STIPULATION AND AGREEMENT OF SETTLEMENT This Stipulation and Agreement of Settlement, dated as of July 6, 2018 (the “Stipulation”) is entered into between (a) Lead Plaintiff Xxxxxxxxxxx Xxxxxxx (“Lead Plaintiff”) and Plaintiff Xxxxxxx Xxxxx (collectively, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Endurance International Group Holdings, Inc. (“Endurance” or the “Company”), and defendants Xxxx Xxxxxxxxxxxx and Xxxxxxx Xxxxxxxx (collectively, the “Individual Defendants” and, together with Endurance, the “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants. 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein.

  • Termination of Settlement If the Settlement is terminated as provided in the Stipulation, the Settlement is not approved, or the Effective Date of the Settlement otherwise fails to occur, this Order shall be vacated, rendered null and void and be of no further force and effect, except as otherwise provided by the Stipulation, and this Order shall be without prejudice to the rights of Lead Plaintiffs, the other Settlement Class Members and Defendants, and the Parties shall revert to their respective positions in the Action as of March 11, 2016, as provided in the Stipulation.

  • Rollovers of Exxon Xxxxxx Settlement Payments If you receive a qualified settlement payment from Exxon Xxxxxx litigation, you may roll over the amount of the settlement, up to $100,000, reduced by the amount of any qualified Exxon Xxxxxx settlement income previously contributed to a Traditional or Xxxx XXX or eligible retirement plan in prior taxable years. You will have until your tax return due date (not including extensions) for the year in which the qualified settlement income is received to make the rollover contribution. To obtain more information on this type of rollover, you may wish to visit the IRS website at xxx.xxx.xxx.

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