Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modification by the Court. If the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as if no settlement or this Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. If the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class.
Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modification by the Court. In the event that the Agreement is not so approved, the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, as if no Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreement, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. This Settlement, for purposes of clarification, is not dependent or conditioned upon the Court approving Plaintiff’s request for an Incentive Payment and/or Class Counsel’s requests for attorneys’ fees and expenses, or awarding the particular amounts sought by Plaintiff and/or Class Counsel. In the event the Court declines Plaintiff’s and/or Class Counsel’s requests or awards less than the amounts sought, the settlement will continue to be effective and enforceable. In the event that the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante as of the date of this Agreement, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class.
Non-Approval of Agreement. This Agreement is conditioned on entry of an Order of Final Approval, and that order becoming final. If the Agreement is not so approved (unless the non-approval is because of actions of Defendant other than Defendant exercising its right to terminate the agreement because more than sixty (60) Settlement Class Members submitted timely/valid Requests for Exclusion), the case shall return to the status quo ante as of the date of this Agreement, as if no Agreement had been negotiated or entered into. In that event, Defendant shall be relieved of its obligation to make available the amount of the Settlement Fund. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind that they may have.
Non-Approval of Agreement. This Agreement is conditioned upon final approval without modification by the Court in the Lawsuit. In the event that the Agreement is not so approved, the Parties shall return to the status quo ante as of July 31, 2018, as if no Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of July 31, 2018, and shall not be deemed to have waived any substantive or procedural rights of any kind that they may have as to each other or any member of the proposed Settlement Class. In the event that the Agreement is approved without modification by the Court but is later reversed or vacated on appeal, each of the Parties shall have the right to withdraw from the Agreement and return to the status quo ante as of July 31, 2018, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive or procedural rights of any kind that they may have as to each other or any member of the proposed Settlement Class.
Non-Approval of Agreement. In the event this Settlement Agreement is not approved by the Court, it shall be rescinded and deemed void and of no effect, and the parties to this Agreement shall be deemed to have reverted to their respective status in the consumer class action as it existed before this settlement in principal, and they shall proceed in all respects as if this Class Action Settlement Agreement had not been executed.
Non-Approval of Agreement. This Agreement is conditioned on Final Approval without material modifications by the Court. If the Agreement is not so approved, the Parties shall have the right—after they have negotiated in good faith to remedy any shortcoming(s) identified by the Court as the reason(s) for non-approval of the Agreement—to withdraw from the Agreement and return to the status quo ante as if no settlement or this Agreement had been negotiated or entered into. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses, and shall not be deemed to have waived any substantive, evidentiary, procedural, or other rights of any kind that they may have as to each other or any member of the Settlement Class. If the Agreement is approved without material modification by the Court, but is later reversed or vacated on appeal, each of the Parties shall have a right to withdraw from the Agreement and return to the status quo ante, for all litigation purposes, as if no Agreement had been negotiated or entered into, and shall not be deemed to have waived any substantive, evidentiary, procedural, or rights of any kind that they may have as to each other or any member of the Settlement Class. However, the Parties are expected to meet and confer in good faith about possibly resolving any curable issues with the Settlement that prevented the Court from granting Final Approval.
Non-Approval of Agreement. This Agreement is conditioned on entry of an Order of Preliminary Approval, entry of an Order of Final Approval, and that order becoming final. In the event that the Agreement is not so approved (unless the non-approval is due to the actions of Defendant other than Defendant exercising its right to terminate the agreement because more than forty (40) Settlement Class Members submitted timely/valid Requests for Exclusion), the case shall return to the status quo ante as of the date of this Agreement, as if no Agreement had been negotiated or entered into, including reversal of any provisional certification of any class. In that event, all money remaining in the Settlement Fund net of the costs of Class Notice and administration shall be returned to Defendant upon request. Moreover, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of the Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind that they may have, including any and all objections to class certification.
Non-Approval of Agreement. This Agreement is conditioned upon final approval without material modification by the Court. In the event that the Agreement is not so approved or the Settlement does not become Final, the Parties shall return to the status quo ante as of April 5, 2021, as if no Agreement had been negotiated or entered into. No agreements, documents or statements made by or entered into by any Party in connection with this Agreement may be used by the Class Representative, any proposed Settlement Class Member, TransUnion, or any other person to establish liability, any defense and/or any of the elements of class certification in any other proceeding.
