Nullification of Agreement. In the event that the Permit is revoked in its entirety or substantially modified without the consent of the Parties, this Agreement shall be null and void and, in such event, no Party shall be bound by its terms.
Nullification of Agreement. In the event: (a) the Court does not enter the Preliminary Approval Order specified herein in substantially the same form as Exhibit D attached hereto; (b) the Court does not finally approve the settlement as provided herein; (c) the Court does not issue a [Proposed] Final Judgment (as provided herein and in substantially the same form as Exhibit G attached hereto) which becomes final and not subject to any appeals; or (d) the settlement does not become final for any other reason, this Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this settlement shall be treated as void ab initio. In such event, the Parties hereto and any funds to be awarded under this settlement shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Agreement, and the Parties shall proceed in all respects as if this Agreement had not been executed.
Nullification of Agreement. If the USC Lease is nullified by a final non-appealable court order, which nullification occurs during the statute of limitations period currently applicable to challenges being brought with respect to the USC Lease or as a result of a successful challenge initiated during such statute of limitations period, and the Prior Agreement (as defined in the USC Lease) is reinstated under the terms of the USC Lease, the parties hereto agree that the Non-Disturbance Agreement entered into between them with respect to the Prior Agreement (the “Prior NDA”) also shall be reinstated, and the Prior NDA shall continue in full force and effect for so long as the Prior Agreement shall remain in effect. If the USC Lease is nullified by a final non-appealable court order, which nullification occurs after the expiration of all statute of limitations periods currently applicable to challenges being brought with respect to the USC Lease and not as a result of a successful challenge initiated during such state of limitations period, and the Prior Agreement (as defined in the USC Lease) is reinstated under the terms of the USC Lease, the parties hereto agree that the Prior NDA also shall be reinstated, and the Prior NDA shall continue in full force and effect for so long as the Prior Agreement shall remain in effect, but in such event (a) USC agrees that the District shall not have any obligation to perform any capital improvements to the Coliseum, notwithstanding any provisions in the Prior Agreement to the contrary, (b) USC shall have the right to offset against the rent and game day expenses due from USC under the Prior Agreement the undepreciated cost of the capital improvements made by USC to the Coliseum (not to exceed $70 million of original cost), reduced to the extent that USC has received Operating Receipts during the term of this Agreement sufficient to offset any of the cost of Coliseum Improvement items (in the calculation of the Cumulative Calculated Amount), plus an implied fixed interest rate of six percent (6%), which offset shall pertain to both the initial term of the Prior Agreement plus any extended terms until USC shall have recovered its undepreciated costs in full. In the event that the USC Lease is nullified, USC and District shall use reasonable, good faith efforts to meet and confer during the first ninety (90) days following such nullification to discuss and, if possible, agree upon changes to be made to the Prior NDA and, as applicable, the Prior Agre...
Nullification of Agreement. If (a) the Court (1) does not enter the Preliminary Approval Order or the Final Approval Order or (2) does not enter a Judgment as provided in this Agreement that becomes final and not subject to any appeals, or (b) the Settlement does not become final for any other reason, this Agreement will be null and void and any order or judgment entered by the Court in furtherance of this Settlement will be treated as void ab initio. In such event, the entire amount paid or caused to be paid by Defendants plus all accrued interest—but less the costs of administration, notice, any taxes and tax preparation—shall promptly be returned to Defendants, and the Parties will proceed in all respects as if this Agreement had not been executed. The Parties will then propose a new case schedule in which any class certification motion is due no sooner than 200 days from the termination of the Settlement. An order denying the Preliminary Approval Motion without prejudice will not constitute a ground for nullifying or terminating the Settlement. Nor will a change in the law constitute a ground for nullifying or terminating the Settlement.
Nullification of Agreement. In the event: (a) the Court does not enter the Preliminary Approval Order; (b) the Court does not finally approve the settlement as provided herein which becomes final and not subject to any appeals; (c) the settlement does not become final for any other reason, this Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this settlement shall be treated as void ab initio. In such event, the Parties hereto and any funds to be awarded under this settlement shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Agreement, and the Parties shall proceed in all respects as if this Agreement had not been executed. The Court’s approval of attorneys’ fees and costs, or their amount and payment to Class Representative is not a condition of the Settlement, and its rulings on those terms will not give rise to a right to terminate.
Nullification of Agreement. If the Initial Closing of the sale and issuance of Series E Preferred Stock does not take place on or prior to November 29, 2012, then this Agreement shall be null and void and the Prior Rights Agreement shall survive subject to and in accordance with the terms thereof and shall remain the sole binding obligation of the Company, the Founders, the Common Holders, the Investors and Comerica with respect to the subject matter thereof.
Nullification of Agreement. In the event that: (i) the Court does not enter the order for Preliminary Approval as provided herein; (ii) the Court does not enter the order for Final Approval as provided herein; (iii) the Court does not enter a judgment as to the Released Claims as provided herein; or (iv) the Settlement does not become final for any other reason, this Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void from the beginning. In such a case, the Parties shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Agreement and the Parties shall proceed in all respects as if this Agreement had not been executed. In the event an appeal is filed from the Court’s judgment as to the Released Claims, or any other appellate review is sought prior to the Effective Date, administration of the Settlement shall be stayed pending final resolution of the appeal or other appellate review (unless otherwise agreed to by the Parties).
Nullification of Agreement. In the event: (a) the Court does not enter the Preliminary Approval Order specified herein in substantially the same form as Exhibit “1” attached hereto; (b) the Court does not finally approve the Settlement as provided herein; (c) the Court does not issue a Final Approval Order and Final Judgment (as provided herein and in substantially the same form as Exhibits “2” and “3” attached hereto) which becomes final and not subject to any appeals; or (d) the Settlement does not become final for any other reason, this Settlement Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void ab initio. In such event, the Parties hereto shall be returned to their respective statuses as of the date and time immediately prior to the execution of this Settlement Agreement, and the Parties shall proceed in all respects as if this Settlement Agreement had not been executed. Nothing shall prevent any of the Parties from appealing or seeking other appropriate relief from an appellate court with respect to any denial by the Court of final approval of this Settlement. In the event such appellate proceedings result, by order of the appellate court or by an order after remand or a combination thereof, in the entry of an order(s) whereby the Settlement is approved in a manner substantially consistent with the substantive terms and intent of this Settlement Agreement, and dismissing all claims in the Lawsuit with prejudice, and otherwise meeting the substantive criteria of this Settlement Agreement for approval of the settlement, such order shall be treated as a Final Approval Order.
Nullification of Agreement. In the event: (i) the Court denies preliminary approval of the Settlement, with prejudice; (ii) the Court denies final approval of the Settlement, with prejudice; (iii) the Court refuses to enter a Final Judgment as provided herein; (iv) Defendants exercise their right to withdraw under Section 8 of the Agreement; or (v) the Settlement does not become final for any other reason, this Agreement shall be null and void and any order or judgment entered by the Court in furtherance of this Settlement shall be treated as void from the beginning.
Nullification of Agreement. In the event that the Merger does not close, for any reason, the Parties hereto shall be released from any and all requirements of performance hereunder and this Settlement Agreement shall be null, void and of no further force or effect. SECTION SEVEN MISCELLANEOUS
