FAILURE TO OBTAIN COURT APPROVAL. If the Court declines to approve this Agreement and Settlement without modification, this Agreement shall automatically terminate and become null and void, without prejudice to ability of the Parties, at each of their respective sole option and discretion, to agree to any proposed modifications or attempt to negotiate a settlement on different terms. Notwithstanding the preceding sentence, the Court’s entry of an order awarding Class Counsel an amount for attorneys’ fees or expenses less than the amounts requested by Class Counsel shall not be grounds to void this Agreement.
FAILURE TO OBTAIN COURT APPROVAL. If the Final Approval Order with all material terms as jointly proposed by the Parties is not entered (other than the amount requested in Attorneys’ Fees or as an Incentive Award), or if this settlement is not finally approved and consummated in all material respects as provided in this Settlement Agreement, or if the Final Approval Order is reversed on appeal, or if appealed the Final Approval Order is not affirmed in all material respects, this Settlement Agreement shall be null and void for all purposes. In the event the Court modifies or enters an order at variance in any material way with the terms hereof, or in the event the Final Approval Order is materially modified on appeal, then this Settlement Agreement shall be voidable for all purposes, at the option of the Plaintiff or Waste Pro. If the Plaintiff or Waste Pro elect to exercise this right, such party must do so in writing, with copies to all counsel of record and to the Court, within fourteen (14) days of such order. In the event Plaintiff or Waste Pro exercise their right to void the settlement, this Settlement Agreement and any orders or notices, and any drafts, communications, and discussions regarding this settlement (written or oral) shall be ineffective and inadmissible in evidence for any purpose in the Litigation or any other lawsuit, and such Settlement Agreement shall be deemed terminated unless otherwise agreed to in writing by all Parties hereto or their respective counsel. Notwithstanding the above, the Parties agree that the Court’s failure to approve, in whole or in part, the requested award for Attorneys’ Fees or the Incentive Award requested by Plaintiff shall not prevent the Settlement Agreement from becoming effective, nor shall it be grounds for termination by any Party. The Parties acknowledge this is a compromised settlement to resolve claims over which the Parties disagree and is not intended to be used for any other purpose, including without limitation any use should this settlement not be approved.
FAILURE TO OBTAIN COURT APPROVAL. Court approval of the Agreement as set forth in Section 2.1 and the entry of a final Order as contemplated in Section 2.1(d) are necessary prerequisites to the enforceability of this Agreement. The Court’s refusal to enter an Order substantially in the form of the order set forth in Section 2.1(d) renders this Agreement void and unenforceable between the Parties.
FAILURE TO OBTAIN COURT APPROVAL. If Final Effectiveness has not been achieved on or by October 31, 2022 (other than as a result of Court Rejection), the Parties shall promptly confer with the Court to try and determine the cause for the failure to obtain Court Approval, and shall thereafter cooperate in good faith to resolve any issues that may be identified by the Court. If, despite these efforts, Final Effectiveness is not obtained by December 31, 2022, the Reset Date shall be deemed to have occurred on that date.
FAILURE TO OBTAIN COURT APPROVAL. If the Final Judgment is not entered, or if this Settlement is not finally approved and consummated on all terms by the Court as provided herein, or if an Order is entered denying final approval of this Agreement and Settlement, or if the Final Judgment is reversed or modified on appeal, or if appealed, the Final Judgment is not affirmed in all respects (with any one of such rulings being a potential “Void Order”), this Agreement shall be null and void.
FAILURE TO OBTAIN COURT APPROVAL. Within fifteen (15) days of the occurrence of any of the following events, and upon written notice to counsel for all Parties, any Party shall have the right to withdraw from the settlement:
(a) if the Court fails to approve this Agreement or if, on appeal, the Court’s approval is reversed or materially modified; or
(b) if the Court materially alters any of the terms of this Agreement, including but not limited to the Release, the definition of the Settlement Class, or the terms governing benefits to be provided by Defendants to Class Members pursuant to this Agreement; or
(c) if the Preliminary Approval Order, or the Final Order, is not entered by the Court, or is reversed or materially modified on appeal, or otherwise fails for any reason. In the event of a withdrawal pursuant to this Section, this Agreement will be vacated without prejudice to any Party’s position on any of the issues in the Xxxxxxx Action as of and the Parties shall be restored to their litigation positions existing on July 21, 2016, the facts and terms of this Agreement shall not be used by the Parties in any way or admissible in any subsequent proceedings in the Xxxxxxx Action or in any other action, and Defendants will retain all rights to oppose, appeal, or otherwise challenge, legally or procedurally, class certification or any other issue in this case.
