TERMINATION OF THE SETTLEMENT. 64. The Settlement is conditioned upon preliminary and final approval of the Parties’ written Settlement Agreement, and all terms and conditions thereof, without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties). All Exhibits attached hereto are incorporated into this Settlement Agreement. Accordingly, this Settlement Agreement shall be terminated and cancelled within ten (10) days of any of the following events:
TERMINATION OF THE SETTLEMENT. 8.1. This Settlement is contingent upon Court approval. If the Court fails to grant Final Approval of the Settlement in any material respect, the Settlement will be subject to termination by either Party. Notwithstanding this paragraph, the Court’s determination as to the motion for Fee and Cost Award and Service Award and/or any plan of distribution, or any determination on appeal from any such order, shall not provide grounds for termination of this Settlement Agreement or Settlement.
TERMINATION OF THE SETTLEMENT. 24 24. If the Settlement fails to become effective in accordance with its terms, or if the Final 25 Order and Judgment is not entered or is reversed or vacated on appeal, this Order shall be null and void, 26 the Settlement Agreement shall be deemed terminated, and the Parties shall return to their positions 27 without any prejudice, as provided for in the Settlement Agreement.
TERMINATION OF THE SETTLEMENT. 80. Defendant shall have the right to unilaterally terminate this Agreement by providing written notice of its election to do so (“Termination Notice”) to all other Parties hereto within ten (10) calendar days of any of the following occurrences:
TERMINATION OF THE SETTLEMENT. (a) Class Plaintiffs, through OTC Plaintiffs’ Counsel, and Barclays, through Barclays’ Counsel, shall, in each of their separate discretions, have the right to terminate the settlement set forth in this Agreement by providing written notice of their election to do so (“Termination Notice”) to all other Parties hereto within thirty (30) days of the date on which any of the following occur:
TERMINATION OF THE SETTLEMENT. 10.1. Bondholder Plaintiffs, through Bondholder Plaintiffs’ Counsel, and Barclays, through Barclays’ Counsel, shall, in each of their separate discretions, have the right to terminate the settlement set forth in this Agreement by providing written notice of their election to do so (“Termination Notice”) to all other Parties hereto within thirty (30) days of the date on which any of the following occurs:
TERMINATION OF THE SETTLEMENT written Settlement Agreement, and all terms and conditions thereof without material change, material amendments, or material modifications by the Court (except to the extent such changes, amendments or modifications are agreed to in writing between the Parties); provided that the parties shall use best efforts and in good faith attempt to comply with any amendments suggested by the Court in order to obtain final approval, utilizing the mediator Xxxxxx X. Xxxxxxxxx, if necessary. All exhibits attached to the Declaration of X.X. Xxx are incorporated into this Settlement Agreement. Accordingly, this Settlement Agreement shall be terminated and cancelled within sixty (60) days of any of the following events:
TERMINATION OF THE SETTLEMENT. 36. In the event that the settlement does not become final, then litigation of this case will resume in a reasonable manner to be approved by the Court upon joint application by the parties hereto.
TERMINATION OF THE SETTLEMENT. 46. Either Party will have the option to terminate this Agreement on ten (10) calendar days’ notice to the other if any of the following occurs:
TERMINATION OF THE SETTLEMENT. 2.13.1 In the event that the Stipulation is not approved in its entirety as is by the Court, excluding modifications that the Parties determine in their reasonable and good faith judgment to not be material modifications, or in the event that the Settlement set forth in the Stipulation is terminated, cancelled, declared void, or fails to become effective in accordance with its terms, or if the Judgment does not become a Final Judgment, or if the Effective Date does not occur, no payments shall be made to anyone in accordance with the terms of this Stipulation, the Settling Parties will bear their own costs and fees with regard to the efforts to obtain Court approval, and this Stipulation (except for those provisions relating to the termination of the Settlement set forth in Sections 2.6.2 and 2.13, and those provisions relating to the conditional nature and confidentiality of this Settlement, non-admissibility and non- admission of wrongdoing or liability, and costs of the Claims Administrator set forth in Sections I, IV, 2.1.2, 2.13.4 (and its subsections), 2.14.6, 2.14.7, 2.14.20, 2.14.22 and 2.13.4.5) shall be deemed null and void ab initio, its terms and provisions shall have no further force or effect and shall not be referred to or utilized in this Litigation or any other proceeding for any purpose whatsoever, the negotiation, terms and entry of the Stipulation shall remain subject to the provisions of Federal Rule of Evidence 408 and any similar or analogous federal or state laws or rules, any Judgment or order entered by the Court in accordance with the terms of the Stipulation shall be treated as vacated, nunc pro tunc, and all other terms and provisions of Section 2.13.4 shall apply. Notwithstanding any other provision of this Stipulation, no order of the Court, or modification or reversal on appeal of any order of the Court, reducing the amount of any attorneys’ fees or costs to be paid by Best Buy to Class Counsel or reducing the amount of any Enhancement to be paid to the Class Representative shall constitute grounds for cancellation or termination of the Stipulation or grounds for limiting any other provision of the Judgment.
