Snap-Back Sample Clauses

Snap-Back. (a) If the Primary Obligors’ payment obligation under Section 2.01 of the Agreement, as amended by the Final Amendment, or any payment made thereunder, is avoided, in whole or in part, for any reason before the Plan Effective Date (as defined in the RSA) (including, but not limited to, through any avoidance action under the Bankruptcy Code (as defined in the RSA) in the Chapter 11 Cases) or in any other case, proceeding or action before the Plan Effective Date (as defined in the RSA), then (i) the amendments set forth in Section 1 herein shall be deemed void ab initio, automatically rescinded and otherwise terminated and of no force and effect and (ii) the release set forth in Section 7 herein shall be deemed void ab initio, automatically rescinded and otherwise terminated and of no force and effect, and the Opioid Trust will be permitted to submit a claim or institute an action or proceeding against the Primary Obligors in the Chapter 11 Cases or otherwise in the absence of the Chapter 11 Cases for the claims that would otherwise be covered by the release contained in Section 7 herein (collectively, the “Snap-Back Provision”); provided, that any such claims shall be reduced by the amount of any payments received pursuant to this Final Amendment and not otherwise avoided. (b) Notwithstanding anything to the contrary herein, the Snap-Back Provision shall survive the Payment Date; provided, however, the Snap-Back Provision shall be extinguished, null, void, and of no further force or effect upon assumption of this Final Amendment on the Plan Effective Date (as defined in the RSA) in accordance with Section 10 herein.

Snap-Back. Trigger 1. Notwithstanding any other provision of this Agreement, the parties agree that if at any time following the initialing of this Agreement by the negotiators, any federal or state legislation, regulation, or other legal imposition serves materially to impair the new operation envisioned and allowed by this Agreement, then at any subsequent time, on 180 days’ written notice from BNSF, throughout the territory covered by such legal imposition, all labor agreement provisions in effect between the parties immediately prior to the effective date of this Agreement shall automatically snap-back into effect to the same extent as if this Agreement had never been made; in such event, except for this snap-back Article, all provisions of this Agreement (including side letters and questions and answers) shall cease to be of any effect whatsoever throughout the territory covered by such legal imposition; provided that there shall be an up to eighteen-month transition-back period commencing upon the service of the 180-day notice period. And, in the event the Agreement snap-back actually occurs under this Article VII, BNSF shall have the right to recover in full from each recipient, the amount of any signing bonus which had already been paid under Article IX of this Agreement. 2. An example of a legal imposition which could properly trigger the 180-day snap-back notice from BNSF hereunder would be an FRA regulation or order specifically or as a practical matter preventing BNSF from operating multiple BNSF through freight trains with remote supervision from a master conductor and without a person other than the locomotive engineer being a member of the crew of each such train.