Invalidity on Modification or Disapproval Sample Clauses
Invalidity on Modification or Disapproval. If the Court suggests any modifications to the Agreement or conditions entry of the Preliminary Approval Order or Final Approval Order and Judgment on modifications to the Agreement, the Parties shall work in good faith and consistent with the Agreement to attempt to cure such deficiencies identified by the Court. But, the Parties shall not be obligated to make any additions or modifications to the Agreement that would affect the benefits provided to Settlement Class Members, the cost or burden to Nationstar, the content or extent of the Class Notice, or the scope of the proposed release. If the Court orders or proposes such additions or modifications, the Parties will each have the right to terminate the Settlement Agreement as set forth below in section 12.2 within twenty-one (21) days from the date of the Court’s order or proposal unless otherwise agreed in writing by the Parties.
Invalidity on Modification or Disapproval. In the event any court disapproves or sets aside this Settlement Agreement or any material part hereof for any reason, or holds that it will not enter or give effect to the Final Judgment without modification, or holds that the entry of the Final Judgment or any material part thereof should be overturned or modified in any material way, then:
(A) If any Party does not agree to jointly appeal such ruling, this Agreement will become null and void, and the Action will continue, and the Parties stipulate to a joint motion (a) that any and all orders entered pursuant to this Agreement be vacated, and (b) that any and all dismissals pursuant to this Agreement be vacated; or
(B) if the Parties do agree to jointly appeal such ruling and if the Final Judgment or its equivalent in all material respects is not in effect after the termination of all proceedings arising out of such appeal, this Agreement will become null and void, and the Action will continue, and the Parties stipulate to a joint motion (a) that any and all orders entered pursuant to this Agreement be vacated, including, without limitation, any order modifying the class certification order or permitting amendment of the complaint to conform the complaint to the class definition set out DocuSign EnvCelaopseeID8: 9:2CE18-Ec3v2-90-00B65B2-417-CDB-OA7CD-CK-DE65S63D8D0o44cAu9ment 27-2 Filed 09/24/21 Page 15 of 48 Page ID in section 6.1, and (b) that any and all dismissals pursuant to this Agreement be vacated.
Invalidity on Modification or Disapproval. In the event any court disapproves or sets aside this Settlement Agreement or any material part hereof for any reason, or holds that it will not enter or give effect to the Final Judgment without material modification, or holds that the entry of the Final Judgment or any material part thereof should be overturned or modified in any material way, then:
(a) If all Parties do not agree jointly to appeal such ruling, this Settlement Agreement will become null and void, and this Action will continue, and the Parties stipulate to joint motions (i) that any and all orders entered pursuant to this Settlement Agreement be vacated, (ii) that any and all dismissals pursuant to this Settlement Agreement will be vacated; and (iii) that all amounts paid by HMI, including the sums deposited for payment of the Cash Award to Claimants, the Incentive Award, the Fee Award, Sanction Award, and Settlement Administration shall be refunded; or
(b) If the Parties do agree to jointly appeal such ruling and if the Final Judgment or its equivalent in all material respects is not in effect after the termination of all proceedings arising out of such appeal, this Settlement Agreement will become null and void, and this Action will continue, and the Parties stipulate to joint motions (i) that any and all orders entered pursuant to this Settlement Agreement be vacated; (ii) that any and all dismissals pursuant to this Settlement Agreement will be vacated; and (iii) that all amounts paid by HMI, including the sums deposited for payment of the Cash Award to Claimants, the Incentive Award, the Fee Award, Sanction Award, and Settlement Administration shall be refunded.