Common use of Appellate Court Orders to Vacate, Reverse, or Materially Modify Judgment Clause in Contracts

Appellate Court Orders to Vacate, Reverse, or Materially Modify Judgment. If the reviewing Court vacates, reverses, or modifies the Judgment in a manner that requires a material modification of this Agreement (including, but not limited to, the scope of release to be granted by Class Members and/or Aggrieved Employees), this Agreement shall be null and void. The Parties shall nevertheless expeditiously work together in good faith to address the appellate court’s concerns and to obtain Final Approval and entry of Judgment, sharing, on a 50-50 basis, any additional Administration Expenses reasonably incurred after remittitur. An appellate decision to vacate, reverse, or modify the Court’s award of the Class Representative Service Payments or any payments to Class Counsel shall not constitute a material modification of the Judgment within the meaning of this paragraph, as long as the Gross Settlement Amount remains unchanged.

Appellate Court Orders to Vacate, Reverse, or Materially Modify Judgment. If the 4 reviewing Court vacates, reverses, reverses or modifies the Judgment in a manner that requires a material 5 modification of this Agreement (including, but not limited to, the scope of release to be granted by 6 Class Members and/or Aggrieved EmployeesMembers), this Agreement shall be null and void. The Parties shall nevertheless expeditiously 7 work together in good faith to address the appellate court’s concerns and to obtain Final Approval 8 and entry of Judgment, sharing, on a 50-50 basis, any additional Administration Expenses administration expenses reasonably 9 incurred after remittitur. An appellate decision to vacate, reverse, reverse or modify the Court’s award of the 10 Class Representative Service Payments Payment or any payments to Class Counsel shall not constitute a 11 material modification of the Judgment within the meaning of this paragraph, as long as the Gross 12 Settlement Amount remains unchanged.

Appellate Court Orders to Vacate, Reverse, or Materially Modify Judgment. If the reviewing Court vacates, reverses, or modifies the Judgment in a manner that requires a material modification of this Agreement (including, but not limited to, the scope of release to be granted by Class Members and/or Aggrieved EmployeesMembers), this Agreement shall be null and void. The Parties shall nevertheless expeditiously work together in good faith to address negotiate a mutually agreeable modification of this Agreement that addresses the appellate court’s concerns and to obtain Final Approval and entry of Judgment, sharing, on a 50-50 basis, any additional Administration Expenses reasonably incurred after remittitur. An appellate decision to vacate, reverse, or modify the Court’s award of the Class Representative Service Payments Payment or any payments to Class Counsel shall not constitute a material modification of the Judgment within the meaning of this paragraph, as long as the Gross Settlement Amount remains unchanged.