CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement shall be conditioned on the occurrence of all of the following events: 4.1.1 The Court has entered the Final Order; 4.1.2 The Court has entered the Final Judgment, Exhibit C, without material modifications; 4.1.3 The Final Order and Final Judgment have become Final; and 4.1.4 Neither Settling Defendant nor Plaintiffs have elected to 4.2 If all of the conditions specified in § 4.1 are not met, then the Second Amended Settlement Agreement will be subject to termination in accordance with the terms of this Second Amended Settlement Agreement. 4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure to disclose any potential health risk 15 4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued. 4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counsel.
Appears in 1 contract
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 9.1 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) Defendatns have not exercised their optionto terminate the Settlement Agreement pursuant to ¶ 4.3;
b) the Court has entered the Final Order;
4.1.2 The Court has entered Judgment granting final approval to the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalsettlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected toc) the Judgment has become Final, as defined in ¶ 1.13.
4.2 9.2 If all of the conditions specified in § 4.1 ¶ 9.1 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination ¶ 9.4 unless Proposed Settlement Class Counsel and Defendants’ counsel mutually agree in writing to proceed with the Settlement Agreement.
9.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and to Defendants’ counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”).
9.4 In the event that the Settlement Agreement or the releases set forth in ¶¶ 6.1, 6.2, and 6.3 above are not approved by the Court or the settlement set forth in the Settlement Agreement is terminated in accordance with its terms, (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel, and (b) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended . Further, notwithstanding any statement in this Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy contrary, Defendants shall be obligated to pay amounts already billed or incurred for costs of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure notice to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class CounselClaims Administration, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated and Dispute Resolution pursuant to its terms¶ 2.6 above and shall not, at any time, seek recovery of same from any other party to the Litigation or if from counsel to any other party to the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselLitigation.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement shall be conditioned on the occurrence of all of the following events:the
4.1.1 The Court has entered the Final Order;
4.1.2 The Court has entered the Final Judgment, Exhibit C, without material modifications;material
4.1.3 The Final Order and Final Judgment have become Final; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected toto terminate this Settlement Agreement in accordance with the terms of this Agreement.
4.2 If all of the conditions specified in § Paragraph 4.1 are not met, then the Second Amended Settlement Agreement will be subject to termination in accordance with the terms of this Second Amended Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Preliminary Settlement Approval Hearing does not take place by March 1, 2007, or the Court has not otherwise entered the Preliminary Settlement Approval Order prior to March 1, 2007. Further, Settling Defendant reserves the right to terminate the Settlement Agreement if Preliminary Settlement Approval and the Final Judgment does do not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy efficacy, advertisements, emissions or reactions (e.g. ozone, terpenes and reactions with terpenes, or any other type of reaction related to the operation of the Ionic Breeze®), volatile organic compounds, ultrafine particles, health risks, and/or performance of the Ionic Breeze®, including but not limited to, claims for alleged false advertising, breach of express and/or implied warranties, unjust enrichment, ▇▇▇▇▇▇▇▇-▇▇▇▇ Warranty Act, conspiracy, unfair 13 competition, state consumer protection statutes, common law prohibiting unfair or deceptive trade practices, breach of contract, fraud, and/or misrepresentation and equity prohibiting unjust enrichment or requiring restitution or disgorgement; and that are, were, or could have arisen out of or been related in any way to Settling Defendant’s advertising or sale of the Ionic Breeze® or and the disclosures relating thereto, which actions include but are not limited to, ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇▇ v. Sharper Image, Cox v. Sharper Image, ▇▇▇▇▇▇▇▇▇ v. Sharper Image (all currently pending in the Superior Court of California, in and for the County of San Francisco), and ▇▇▇▇▇▇ ▇. Sharper Image (pending in the Circuit Court for the State of Florida, County of ▇▇▇▇▇), including the successful defeat of all challenges to any advertisements, representations, marketing, warranties, or such injunctions. Settling Defendant further reserves the failure right to disclose any potential health risk 15terminate this Settlement Agreement if the Final Judgment does not include a permanent injunction in conformance with the above and does not include an order requiring the dismissal with prejudice of the above actions.
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained obtains information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had has not been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an 14 admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counsel.
Appears in 1 contract
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 A. This Second Amended Settlement Agreement Stipulation shall be conditioned on the occurrence of all of subject to the following eventsconditions and, except as provided herein, shall be canceled and terminated unless:
4.1.1 1. The Court enters the Preliminary Approval Order, as provided in Section III;
2. The Court has entered approved the Settlement as described herein, following distribution of the Mailed Notice and Summary Notice and a Final Order;
4.1.2 The Court Settlement Approval Hearing, as prescribed by Rule 23.1 of the Federal Rules of Civil Procedure, and has entered the Final Judgment, Exhibit C, without material modificationsas provided in Section IV;
4.1.3 3. The Final Order Court shall have entered the Judgment, in all material respects in the form set forth in Exhibit C attached hereto, or an order and Final Judgment have become final judgment in a form that is not in all material respects identical to Exhibit C attached hereto (an “Alternative Judgment”) if all the parties hereto agree to such Alternative Judgment;
4. No order of the Court, or modification or reversal on appeal of any order of the Court, concerning the amount of attorneys’ fees or expenses constitutes grounds for cancellation or termination of this Stipulation or the Settlement;
5. The Judgment, or any Alternative Judgment, becomes Final; and
4.1.4 Neither Settling Defendant nor 6. Settlement in the Securities Class Action has become Final. The parties hereto expressly recognize that Settlement pursuant to this Stipulation is expressly conditioned upon settlement in the Securities Class Action becoming Final.
B. Upon the Effective Date, Plaintiffs, Escala and all current and former Escala Shareholders, on behalf of themselves, and their respective current, future and former heirs, executors, administrators, personal representatives, attorneys, agents, partners, successors and assigns, and any other Person claiming (now or in the future) to have acted through or on behalf of them, shall hereby be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever, released, relinquished, settled and discharged the Released Parties from the Released Claims and shall be permanently barred and enjoined from instituting, commencing, or prosecuting or asserting any Released Claim against any of the Released Parties.
C. Upon the Effective Date, each of the Defendants and the Released Parties shall be deemed to have, and by operation of the Judgment shall have, fully, finally and forever released, relinquished and discharged Plaintiffs have elected toand Plaintiffs' counsel from all claims that arise out of or in connection with, or relate to their institution, prosecution, assertion, settlement or resolution of the Action or the Released Claims.
4.2 D. If all of the conditions specified in § 4.1 paragraph A of this Section are not met, then the Second Amended Settlement Agreement will Stipulation shall be subject canceled and terminated, unless Plaintiffs, Defendants and Amper each authorize their counsel to termination agree in accordance writing to proceed with the terms of this Second Amended Settlement AgreementSettlement.
4.3 Settling Defendant reserves E. If either (a) the right to terminate the Second Amended Settlement Agreement if the Final Judgment Effective Date does not include the issuance of an injunction(soccur, (b) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, this Stipulation is canceled or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if (c) the Effective Date of Settlement does not occur become Final for any reason, then any and all sums paid by the conditional certification Individual Defendants' insurer(s) and ▇▇▇▇▇'▇ insurer(s) to Escala pursuant to Section II hereof, and any amounts paid by Escala or the insurance carriers to Lead Counsel pursuant to Section V hereof, and all interest earned on such sums, shall be refunded by ▇▇▇▇▇▇ to the Individual Defendants' insurer(s) and ▇▇▇▇▇’▇ insurer(s) in the same proportion to the amounts contributed by each such Person pursuant to Section II hereof, and by Lead Counsel to Escala or the insurance carriers, respectively. All refunds described in the preceding sentence shall be made within ten (10) business days of such cancellation or termination.
F. If either (a) the Effective Date does not occur, (b) this Stipulation is canceled or terminated pursuant to its terms, or (c) the Settlement does not become Final for any reason, all of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel parties to this Stipulation shall be vacateddeemed to have reverted to their respective status as of March 7, 2008, and the Class Action they shall proceed in all respects as though the Settlement Class had never been certified and neither prior agreements nor if this Second Amended Settlement Agreement had been negotiated or entered into, the appointments Stipulation had not been madeexecuted and the related orders had not been entered, preserving in that event all of their respective claims and nothing done with regard to prior agreements defenses in the Action. Notwithstanding the foregoing language, the following provisions of this Stipulation shall survive any termination or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Imagecancellation of the Settlement: Section VI(D) (“Conditions of Settlement, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class Effect of Disapproval Cancellation or classes and seek the appointment of settlement class representatives and settlement class counselTermination”); Section VII (“No Admissions”).
Appears in 1 contract
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 18.1 The Court has entered the Final Order;
4.1.2 The Court has entered Judgment granting final approval to the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalsettlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected to
4.2 18.2 The Judgment has become Final, as defined in Section 3.10. If all of the conditions specified in § 4.1 Sections 18.1, and 18.2 are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination Section 18.4 unless Proposed Settlement Class Counsel and Defendants’ counsel mutually agree in writing to proceed with the Settlement Agreement.
18.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”).
18.4 In the event that the Settlement Agreement or the release set forth in Sections 11 are not approved by the Court or the settlement set forth in the Settlement Agreement is terminated in accordance with its terms, (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel, and (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended . Further, notwithstanding any statement in this Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy contrary, the Defendant shall be obligated to pay amounts already billed or incurred for costs of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure notice to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class CounselClaims Administration, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated and Dispute Resolution pursuant to its termsSections 5 and 9 above and shall not, at any time, seek recovery of same from any other party to the Litigation or if from counsel to any other party to the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselLitigation.
Appears in 1 contract
Sources: Class Action Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 9.1 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) the Court has entered the Order of Preliminary Approval and Publishing of Notice of a Final OrderFairness Hearing, as required by ¶ 3.1;
4.1.2 The b) Canon has not exercised its option to terminate the Settlement Agreement pursuant to ¶ 4.3;
c) the Court has entered the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalgranting final approval to the settlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected tod) the Judgment has become Final, as defined in ¶ 1.12.
4.2 9.2 If all of the conditions specified in § 4.1 ¶ 9.1 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination ¶ 9.4 unless Interim Class Counsel and Canon’s counsel mutually agree in writing to proceed with the Settlement Agreement.
9.3 If the Court rejects the Settlement Agreement or the Settlement Agreement is terminated in accordance with its terms, (i) the Litigation will recommence and the Settling Parties shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel, and (b) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended . Further, notwithstanding any statement in this Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy contrary, Canon shall be obligated to pay amounts already billed or incurred for costs of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure notice to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacatedClaims Administration, and Dispute Resolution above and shall not, at any time, seek recovery of same from any other party to the Class Action shall proceed as though Litigation or from counsel to any other party to the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselLitigation.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 9.1 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) the Court has entered the Order of Preliminary Approval and Publishing of Notice of a Final OrderFairness Hearing, as required by ¶ 3.1;
4.1.2 The b) the Court has entered the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalgranting final approval to the settlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected toc) the Judgment has become Final, as defined in ¶ 1.11.
4.2 9.2 If all of the conditions specified in § 4.1 ¶ 9.1 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination ¶ 9.4 unless Proposed Settlement Class Counsel and PHC’s counsel mutually agree in writing to proceed with the Settlement Agreement.
9.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and to PHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”).
9.4 In the event that the Settlement Agreement or the releases set forth in paragraphs 6.1, 6.2, and 6.3 above are not approved by the Court or the settlement set forth in the Settlement Agreement is terminated in accordance with its terms, (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel, and (b) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended . Further, notwithstanding any statement in this Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy contrary, PHC shall be obligated to pay amounts already billed or incurred for costs of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure notice to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class CounselClaims Administration, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated and Dispute Resolution pursuant to its terms¶ 2.4 above and shall not, at any time, seek recovery of same from any other party to the Litigation or if from counsel to any other party to the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselLitigation.
Appears in 1 contract
Sources: Class Action Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 9.1 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) the Court has entered the Order of Preliminary Approval and noticed a Final OrderFairness Hearing, as required by ¶ 3.1;
4.1.2 The b) LCS has not exercised its option to terminate the Settlement Agreement pursuant to ¶ 4.3 or as otherwise permitted by this Settlement Agreement; Docusign Envelope ID: E7AE1CF7-080D-407C-AC99-A2FFB35A6C35
c) the Court has entered the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalgranting final approval to the settlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected tod) the Judgment has become Final, as defined in ¶ 1.11.
4.2 9.2 If all of the conditions specified in § 4.1 ¶ 9.1 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination ¶ 9.4 unless Class Counsel and counsel for LCS mutually agree in writing to proceed with the Settlement Agreement.
9.3 In the event that the Settlement Agreement or the releases therein are not approved by the Court or the Settlement Agreement is terminated in accordance with its terms: (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled Litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel; and (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counsel.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 10.1 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) Defendant has not exercised their option to terminate the Settlement Agreement pursuant to ¶ 4.3,
b) the Court has entered the Final Order;
4.1.2 The Court has entered Judgment granting final approval to the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalsettlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected toc) the Judgment has become Final, as defined in ¶ 1.14.
4.2 10.2 If all of the conditions specified in § 4.1 ¶ 1.14 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be subject canceled and terminated unless Class Counsel and Defendant’s counsel mutually agree in writing to termination proceed with the Settlement Agreement.
10.3 Within 10 days after the Opt-Out Date, the Settlement Administrator shall furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”).
10.4 In the event that the Settlement Agreement including the releases are not approved by the Court or the settlement set forth in the Settlement Agreement is terminated in accordance with its terms, (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel, and (b) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Second Amended Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way this Settlement Agreement to the efficacy contrary, no order of the Ionic Breeze® Court or modification or reversal on appeal of any advertisementsorder reducing the amount of attorneys’ fees, representationscosts, marketingexpenses, warranties, and/or service award shall constitute grounds for cancellation or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification termination of the Settlement Agreement. Further, notwithstanding any statement in this Settlement Agreement to the contrary, Defendant shall be obligated to pay amounts already billed or incurred for costs of notice to the Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacatedAdministration, and Dispute Resolution and shall not, at any time, seek recovery of same from any other party to the Class Action shall proceed as though Litigation or from counsel to any other party to the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselLitigation.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended 9.1 The Effective Date of the Settlement Agreement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) the Court has entered the Preliminary Approval Order and publishing of Notice of the Final OrderApproval Hearing;
4.1.2 The b) Roosevelt has not exercised its option to terminate the Agreement;
c) the Court has entered the Judgment granting Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become FinalApproval to the Settlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected tod) the Judgment has become Final.
4.2 9.2 If all of the conditions specified in § 4.1 ¶ 9.1 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination ¶ 9.4 unless Class Counsel and counsel for ▇▇▇▇▇▇▇▇▇ mutually agree in writing to proceed with the Settlement.
9.3 Within seven days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests of Settlement Class members who have opt-ed out of the Settlement.
9.4 In the event that the Settlement or the releases are not approved by the Court or the Settlement set forth in the Agreement is terminated in accordance with its terms: (i) the Parties shall be restored to their respective positions in the Action and shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Party or Party’s counsel; (ii) the terms and provisions of the Settlement shall have no further force and effect with respect to the Parties and shall not be used in the Action or in any other proceeding for any purpose, and (iii) any judgment or order entered by the Court in accordance with the terms of this Second Amended Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way Agreement to the efficacy contrary, no order of the Ionic Breeze® Court or modification or reversal on appeal of any advertisementsorder reducing the amount of attorneys’ fees, representationscosts, marketingand/or Service Awards shall constitute grounds for cancellation or termination of the Settlement. Further, warranties, or the failure to disclose notwithstanding any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, statement in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree Agreement to the conditional certification contrary, ▇▇▇▇▇▇▇▇▇ shall be obligated to pay amounts already billed or incurred for costs of Notice to the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacatedAdministration, and shall not, at any time, seek recovery of same from any other party to the Class Action shall proceed as though or from counsel to any other party to the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselAction.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 1. The Effective Date of the Stipulation shall be conditioned on the occurrence of all of the following events:
4.1.1 The Court has entered (a) the Final OrderCourt’s entry of the Judgment;
4.1.2 The Court has entered (b) the Final Judgment, Exhibit C, without material modificationspayment of the Fee Award in accordance with Part IV.E.1-2 hereof;
4.1.3 The Final Order and Final (c) the Judgment have has become Final; and;
4.1.4 Neither Settling Defendant nor Plaintiffs have elected to(d) the Consolidated Action has been dismissed with prejudice and that dismissal order has become Final.
4.2 2. If all any of the conditions specified in § 4.1 Part IV.F.1 are not met, then the Second Amended Settlement Agreement will Stipulation shall be canceled and terminated subject to Parts IV.F.3-4, and the Settling Parties shall be restored to their respective positions in the Consolidated Action as of the date immediately preceding the date of this Stipulation, unless Plaintiffs’ Counsel and Defendants’ Counsel mutually agree in writing to proceed with the Stipulation.
3. Each of the Settling Parties shall have the right to terminate the Settlement by providing written notice of their election to do so to all other Settling Parties within twenty (20) calendar days of the date on which: (i) the Court refuses to approve this Stipulation, or the terms contained herein, in any material respect; (ii) the Preliminary Approval Order is not entered in substantially the form attached as Exhibit F hereto; (iii) the Judgment is not entered in substantially the form attached as Exhibit I hereto; (iv) the Judgment is reversed or substantially modified on appeal, reconsideration, or otherwise; (v) the Consolidated Action is not dismissed with prejudice or the dismissal order does not become Final; or (vi) the Effective Date of the Settlement cannot otherwise occur; except that such termination shall not be effective unless and until the terminating Settling Party has, within twenty (20) calendar days of the date on which notice of the termination event has been provided to all other Settling Parties, attempted in good faith to confer with the other Settling Parties and/or to participate in a mediation session with the Mediator and the other Settling Parties to attempt to remedy the issue. Any order or proceeding relating to the Fee Award, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to cancel the Stipulation, allow for the termination of the Settlement, or affect or delay the finality of the Judgment approving the Settlement.
4. In the event that the Stipulation is not approved by the Court, or the Settlement is terminated for any reason, including pursuant to Part IV.F.3 above, the Settling Parties shall be restored to their respective positions as of the date of this Stipulation, and all negotiations, proceedings, documents prepared and statements made in connection herewith shall be without prejudice to the Settling Parties, shall not be deemed or construed to be an admission by any of the Settling Parties of any act, matter, or proposition, and shall not be used in any manner for any purpose in any subsequent proceeding in the Consolidated Action or in any other action or proceeding. In such event, the terms and provisions of the Stipulation, with the exception of Parts IV.A.1-30; IV.E.4-5; IV.F.2; IV.H.3-5, 7, 9, 11-15, 17-18 herein, shall have no further force and effect with respect to the Settling Parties and shall not be used in the Consolidated Action or in any other proceeding for any purpose, and any judgment or orders entered by the Court in accordance with the terms of this Second Amended Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel Stipulation shall be treated as vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselnunc pro tunc.
Appears in 1 contract
Sources: Settlement Agreement (Advanced Emissions Solutions, Inc.)
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended 10.1. Lead Plaintiff, on behalf of the Settlement Agreement Class, and Defendants shall be conditioned each have the right to terminate the Settlement and Stipulation by providing written notice of its election to do so (“Termination Notice”) to Settling Parties within seven (7) Business Days of:
(i) entry of a Court order declining to enter the Preliminary Approval Order in any material respect;
(ii) entry of a Court order refusing to approve this Stipulation in any material respect;
(iii) entry of a Court order declining to enter the Final Judgment in any material respect;
(iv) entry of a Court order refusing to dismiss the Action with prejudice;
(v) entry of an order by which the Final Judgment is modified or reversed in any material respect by any appeal or review;
(vi) failure on the occurrence part of all any Settling Party to abide, in material respect, with the terms of this Stipulation. In the absence of any of the events enumerated in this ¶ 10.1, ¶ 10.2, ¶ 10.3, ¶ 10.6 or ¶ 10.7, no Party shall have the right to terminate the Stipulation for any reason.
10.2. If the Settlement Amount is not paid into the Escrow Account in accordance with
10.3. The Effective Date of this Stipulation (“Effective Date”) shall not occur unless and until each of the following eventsevents occurs, and it shall be the date upon which the last in time of the following events occurs:
4.1.1 (a) Settling Defendants have not exercised its option to terminate the Settlement pursuant to ¶ 10.5;
(b) The Court has entered the Final OrderPreliminary Approval Order attached hereto as Exhibit A or an order containing materially the same terms;
4.1.2 (c) The sum of $4,000,000 (Four Million U.S. Dollars) has been paid into the Escrow Account, as set forth in ¶ 2.1 above;
(d) The Court has approved the Settlement, following notice to the Settlement Class and the Settlement Hearing, and has entered the Final Judgment, Exhibit C, without material modifications;
4.1.3 (e) The Final Order and Judgment has become Final Judgment have become Finalas defined in ¶ 1.14; and
4.1.4 Neither (f) The Action has been dismissed with prejudice.
10.4. Upon the occurrence of the Effective Date, any and all interest or right of Defendants in or to the Settlement Fund, if any, shall be absolutely and forever extinguished, except as set forth in this Stipulation.
10.5. If prior to Final Judgment, Persons who otherwise would be Settlement Class Members have filed with the Court valid and timely requests for exclusion from the Settlement Class in accordance with the provisions of the Preliminary Approval Order and the notice given pursuant thereto (“Opt-Outs”), and such Persons in the aggregate purchased or otherwise acquired Immunomedics, Inc.’s securities during the Settlement Class Period in an amount greater than the amount specified in a separate Supplemental Agreement between the Settling Parties (the “Supplemental Agreement”), then Settling Defendant nor Plaintiffs shall have, in its sole and absolute discretion, the option to terminate this Stipulation and Settlement in strict accordance with the requirements and procedures set forth in the Supplemental Agreement (hereinafter the “Supplemental Termination Option”). The Supplemental Agreement shall not be filed with the Court unless and until a dispute among the Settling Parties concerning its interpretation or application arises.
10.6. Settling Defendants shall not have elected to
4.2 If all the right to terminate the Stipulation if the Settlement Amount is not paid pursuant to ¶ 2.1 (other than in accordance with ¶ 10.3). None of the conditions specified Settling Parties, or any of them, shall have any obligation whatsoever to proceed under any terms other than those provided for and agreed herein. If either of the Settling Parties engages in § 4.1 are not meta material breach of the terms hereof, then the Second Amended other Settling Party, provided that they or it are in substantial compliance with the terms of this Stipulation, may terminate this Stipulation on notice to the Settling Parties.
10.7. If the Stipulation shall terminate, or be canceled, or shall not become effective for any reason, Lead Plaintiff and the Released Defendants shall be restored to their respective positions in the Action immediately prior to the date of the execution of this Stipulation by all parties thereto, and they shall proceed in all respects as if the Stipulation had not been executed and the related orders had not been entered, and in that event all of their respective claims and defenses as to any issue in the Action shall be preserved without prejudice.
10.8. If the Stipulation is not approved by the Court or the Settlement Agreement will set forth in this Stipulation is terminated or fails to become effective in accordance with its terms, the terms and provisions of this Stipulation, except as otherwise provided herein, shall have no further force and effect with respect to the Settling Parties and shall not be subject to termination used in the Action or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of this Second Amended Settlement AgreementStipulation shall be treated as vacated, nunc pro tunc.
4.3 Settling Defendant reserves 10.9. In the right to terminate event the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15Stipulation shall be terminated, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warrantiesbe canceled, or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did shall not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur become effective for any reason, then within seven (7) Business Days (except as otherwise provided in the conditional certification Supplemental Agreement) after the occurrence of such event, the Settlement Fund (less taxes already paid and any Administrative Costs which have either been disbursed or are determined to be chargeable) shall be refunded by the Escrow Agent to Immunomedics, Inc., plus accrued interest attributable to that amount by check or wire transfer pursuant to written instructions from Immunomedics, Inc. At the request of Immunomedics, Inc., the Escrow Agent or their designee shall apply for any tax refund owed on the Settlement Fund and pay the proceeds, after deduction of any fees or expenses incurred in connection with such application(s) for refund to Immunomedics, Inc. pursuant to written direction from Immunomedics, Inc.
10.10. No order of the Settlement Class and the appointment Court or modification or reversal on appeal of any order of the Settlement Class Representatives Court concerning the Plan of Allocation or the Fee and Settlement Class Counsel Expense Application shall be vacated, and constitute grounds for cancellation or termination of the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselStipulation.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 7.1 The Effective Date of the Stipulation shall be conditioned on the occurrence of all of the following events:
4.1.1 The (a) the Court has entered the Final Preliminary Approval Order, as required by ¶3.1 hereof, substantially in the form set forth in Exhibit A attached hereto;
4.1.2 The (b) the Settlement Amount has been deposited into the Escrow Account;
(c) the Settling Defendants have not exercised their option to terminate the Settlement pursuant to ¶7.3 hereof;
(d) the Court has entered the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Final; and
4.1.4 Neither (e) the Judgment has become Final.
7.2 Upon the Effective Date, any and all remaining interest or right of the Settling Defendant nor Plaintiffs have elected to
4.2 Defendants or the Settling Defendants’ insurers in or to the Settlement Amount, if any, shall be absolutely and forever extinguished and the releases herein shall be effective. If all of the conditions specified in § 4.1 ¶7.1 hereof are not met, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to ¶7.4 hereof unless Lead Counsel and counsel for the Settling Defendants mutually agree in writing to waive any condition that has not been satisfied and proceed with the Settlement.
7.3 Any of the Settling Defendants, and only the Settling Defendants, shall have the option to terminate the Settlement as to himself (in the case of ▇▇▇▇) or themselves (in the case of ▇▇▇▇▇▇▇ and ▇▇▇▇▇) if:
(a) the Court declines to approve the proposed settlement of the Glitz Litigation or the settlement of the Glitz Litigation is otherwise terminated, provided that any Settling Defendant electing to terminate the Settlement pursuant to this subparagraph notifies Lead Counsel and the Escrow Agent in writing of such termination within thirty days of the Glitz Litigation settlement’s disapproval or termination, and such termination shall have no effect on the Settlement as to any Settling Defendant(s) not opting to terminate the Settlement pursuant to this subparagraph; or
(b) valid requests for exclusion from the Settlement Class exceed the criteria set forth in the Supplemental Agreement (the “Opt Out Threshold”) executed between Plaintiffs and the Settling Defendants through their respective counsel concurrently with this agreement. The terms of the Supplemental Agreement shall not be disclosed in any other manner other than the statements herein and in the Notice, or as otherwise provided in the Supplemental Agreement, unless and until the Court otherwise directs or a dispute arises between Plaintiffs and the Settling Defendants concerning its interpretation or application; provided, however, that the Settling Defendants may include a copy of the Supplemental Agreement with the Opt Out Threshold redacted in the CAFA Notice. If submission of the Supplemental Agreement to the Court is required for resolution of a dispute or is otherwise ordered by the Court, the Settling Parties will undertake to have the Court review the Supplemental Agreement in camera without filing it on the docket. If the Court requires that the Supplemental Agreement be filed, the Settling Parties shall request that it be filed under seal or with the Opt Out Threshold redacted.
7.4 Unless otherwise ordered by the Court, if the Settlement is not approved by the Court or the Settlement is terminated, canceled, or the Effective Date otherwise fails to occur, within ten (10) calendar days after written notification of such event is sent by Settling Defendants’ Counsel or Lead Counsel to the Escrow Agent, the Settlement Fund (including accrued interest), less Taxes, Tax Expenses, and Notice and Administration Expenses which have either been disbursed pursuant to ¶¶2.9 and 2.10 hereof, or are chargeable to the Settlement Fund pursuant to ¶¶2.9 and 2.10 hereof, shall be refunded by the Escrow Agent pursuant to written instructions from the respective Settling Defendants’ Counsel. The Escrow Agent or its designee shall apply for any tax refund owed on the Settlement Amount and pay the proceeds, after deduction of any fees or expenses incurred in connection with such application(s) for refund, pursuant to written instructions from the Settling Defendants’ Counsel. In the event that any funds received by Lead Counsel consistent with ¶6.3 have not been refunded to the Settlement Fund within ten (10) calendar days specified in this paragraph, those funds shall be refunded by the Escrow Agent to Settling Defendants (or such other Persons as Settling Defendants may direct) immediately upon their deposit into the Escrow Account consistent with ¶6.3.
7.5 If the Settlement is not approved by the Court or the Settlement is terminated, canceled, or the Effective Date otherwise fails to occur, the Settling Parties shall be restored to their respective positions in the Litigation as of June 4, 2021 (as to Settling Defendant ▇▇▇▇), and June 18, 2021 (as to Settling Defendants ▇▇▇▇▇▇▇ and ▇▇▇▇▇), accordingly. In such event, the terms and provisions of the Stipulation, with the exception of ¶¶2.8-2.11, 6.3-6.5, 7.4-7.6, and 8.5-8.6 hereof, shall have no further force and effect with respect to the Settling Parties and shall not be used in this Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of this Second Amended the Stipulation shall be treated as vacated, nunc pro tunc. No order of the Court or modification or reversal on appeal of any order of the Court concerning the Plan of Allocation or the amount of any attorneys’ fees, expenses, and interest awarded by the Court to any of Plaintiffs’ Counsel or expenses to the Plaintiffs shall operate to terminate or cancel the Settlement Agreementor constitute grounds for cancellation or termination of the Settlement.
4.3 Settling Defendant reserves 7.6 If the right to terminate Settlement is not approved by the Second Amended Court or the Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15is terminated, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warrantiescanceled, or the failure Effective Date otherwise fails to disclose occur, neither Plaintiffs nor any potential health risk 15of their counsel shall have any obligation to repay any amounts disbursed pursuant to ¶¶2.9 or 2.10. In addition, any expenses already incurred pursuant to ¶¶2.9 or 2.10 hereof at the time of such termination or cancellation but which have not been paid, shall be paid by the Escrow Agent in accordance with the terms of the Stipulation prior to the balance being refunded in accordance with ¶¶2.11 and 7.4 hereof.
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information 7.7 The Settling Defendants warrant and represent that they did are not previously know or have reason “insolvent” within the meaning of 11 U.S.C. §101(32) as of the time the Stipulation is executed. This representation is made by the Settling Defendants and not by Settling Defendants’ Counsel. In the event of a Final order of a court of competent jurisdiction, not subject to knowany further proceedings, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to determining the conditional certification transfer of the Settlement ClassFund, or any portion thereof, by or on behalf of the Settling Defendants to be a voidable preference, voidable transfer, fraudulent transfer, or similar transaction under Title 11 of the United States Code (Bankruptcy), or applicable state law, and any portion thereof is required to be refunded and such amount is not promptly deposited in the Settlement Fund by or on behalf of the Settling Defendants, then, at the election of Plaintiffs the Settlement may be terminated and the Judgment entered in favor of the Settling Defendants pursuant to the Settlement shall be null and void. Alternatively, at the election of Plaintiffs, the conditional appointment Settling Parties shall jointly move the Court to vacate and set aside the release given and the Judgment entered in favor of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if Settling Defendants and that the Effective Date of Settlement does not occur for any reason, then the conditional certification of Settling Defendants and Plaintiffs and the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel Members shall be vacatedrestored to their litigation positions as of June 4, 2021 (as to Settling Defendant ▇▇▇▇) and June 18, 2021 (as to Settling Defendants ▇▇▇▇▇▇▇ and ▇▇▇▇▇), accordingly, and the Class Action shall proceed as though the Settlement Class had never been certified Fund, less any amounts disbursed or incurred pursuant to ¶2.9 and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into¶2.10, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselpromptly returned.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 9.1 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 The a) the Court has entered the Order of Preliminary Approval and Publishing of Notice of a Final OrderFairness Hearing, as required by ¶ 3.1;
4.1.2 The b) DePauw University has not exercised its option to terminate the Settlement Agreement pursuant to ¶ 4.3 or as otherwise permitted by this Settlement Agreement;
c) the Court has entered the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalgranting final approval to the settlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected tod) the Judgment has become Final, as defined in ¶ 1.11.
4.2 9.2 If all of the conditions specified in § 4.1 ¶ 9.1 hereof are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination ¶ 9.4 unless Class Counsel and counsel for DePauw University mutually agree in writing to proceed with the Settlement Agreement.
9.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to DePauw University’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”).
9.4 In the event that the Settlement Agreement or the releases set forth in ¶¶ 6.1, 6.2, and 6.3 above are not approved by the Court or the settlement set forth in the Settlement Agreement is terminated in accordance with its terms: (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled Litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel; and (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counsel.
Appears in 1 contract
Sources: Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
4.1.1 18.1 The Court has entered the Final Order;
4.1.2 The Court has entered Judgment granting final approval to the Final Judgment, Exhibit C, without material modifications;
4.1.3 The Final Order and Final Judgment have become Finalsettlement as set forth herein; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected to
4.2 18.2 The Judgment has become Final, as defined in Section 3.10. If all of the conditions specified in § 4.1 Sections 18.1, and 18.2 are not metsatisfied, then the Second Amended Settlement Agreement will shall be canceled and terminated subject to termination Section 18.4 unless Proposed Settlement Class Counsel and Defendants’ counsel mutually agree in writing to proceed with the Settlement Agreement.
18.3 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Settlement Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”).
18.4 In the event that the Settlement Agreement or the Release set forth in Section 11 are not approved by the Court or the settlement set forth in the Settlement Agreement is terminated in accordance with its terms, (i) the Settling Parties shall be restored to their respective positions in the Litigation and shall jointly request that all scheduled litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Settling Party or Settling Party’s counsel, and (ii) the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Settling Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. Notwithstanding any statement in this Second Amended Settlement Agreement to the contrary, no order of the Court or modification or reversal on appeal of any order reducing the amount of attorneys’ fees, costs, expenses, and/or service awards shall constitute grounds for cancellation or termination of the Settlement Agreement.
4.3 Settling Defendant reserves the right to terminate the Second Amended . Further, notwithstanding any statement in this Settlement Agreement if the Final Judgment does not include the issuance of an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15, or each of them, involving claims related the Ionic Breeze®, including, but not limited to, any and all claims related in any way to the efficacy contrary, the Defendant shall be obligated to pay amounts already billed or incurred for costs of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure notice to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class CounselClaims Administration, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated and Dispute Resolution pursuant to its termsSections 6 and 10 above and shall not, at any time, seek recovery of same from any other party to the Litigation or if from counsel to any other party to the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counselLitigation.
Appears in 1 contract
Sources: Class Action Settlement Agreement
CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 4.1 This Second Amended Settlement Agreement 7.1. The Effective Date of this Stipulation shall be conditioned on the occurrence of all of the following events:
4.1.1 a. The Court has Notice Order is entered by the Final OrderCourt, in all material respects in the form set forth as Exhibit B annexed hereto, approving the content and method of providing notice of the proposed Settlement to Current Under Armour Stockholders and setting a schedule for Settlement-related proceedings, including a date for the Settlement Hearing;
4.1.2 The Court has b. notice of the Settlement is disseminated to Current Under Armour Stockholders;
c. the Judgment is entered by the Final JudgmentCourt, in all material respects in the form set forth as Exhibit CC annexed hereto, approving the Settlement and dismissing the Consolidated State Derivative Action with prejudice, without material modificationsawarding costs to any party, except as provided herein;
4.1.3 The Final Order and Final d. the Judgment have become becomes Final; and
4.1.4 Neither Settling Defendant nor Plaintiffs have elected to
4.2 If all of e. the conditions specified in § 4.1 are not met, then the Second Amended Settlement Agreement will be subject to termination Federal Appeal is dismissed in accordance with the terms of this Second Amended Settlement Agreementparagraph 6.2 hereto.
4.3 7.2. This Stipulation shall be canceled and terminated, subject to paragraph 7.3, unless counsel for the Settling Defendant reserves Parties mutually agree in writing to proceed with this Stipulation, on the right tenth (10th) business day after the occurrence of any of the following: (a) the Court’s final refusal to terminate enter the Second Amended Notice Order in any material respect; (b) the Court’s refusal to approve the Settlement Agreement if or any material part thereof; (c) the Final Court’s refusal to enter the Judgment does not include in any material respect (other than as to the issuance of Fee and Expense Award or the Service Award(s)) or dismiss the Consolidated State Derivative Action with prejudice; (d) an injunction(s) that effectively enjoins the prosecution of all pending litigation against Settling Defendant and those Persons listed in the release at § 15order vacating, modifying, revising, or each of them, involving claims related reversing the Ionic Breeze®, including, but Judgment becomes Final; or (e) the Federal Appeal is not limited to, any and all claims related dismissed in any way to the efficacy of the Ionic Breeze® or any advertisements, representations, marketing, warranties, or the failure to disclose any potential health risk 15
4.4 Plaintiffs reserve the right to terminate the Second Amended Settlement Agreement if, in the course of Confirmatory Discovery, Settlement Class Counsel obtained information that they did not previously know or have reason to know, and such information relates directly to and would have materially and substantially improved Plaintiffs’ likelihood of prevailing in this Class Action if it had continued.
4.5 The Settling Defendant and Plaintiffs do not agree to the conditional certification of the Settlement Class, the conditional appointment of Settlement Class Counsel, or the conditional appointment of Settlement Class Representatives for any 16 purpose other than to effectuate this Second Amended Settlement Agreement. If this Second Amended Settlement Agreement is terminated pursuant to its terms, or if the Effective Date of Settlement does not occur for any reason, then the conditional certification of the Settlement Class and the appointment of the Settlement Class Representatives and Settlement Class Counsel shall be vacated, and the Class Action shall proceed as though the Settlement Class had never been certified and neither prior agreements nor this Second Amended Settlement Agreement had been negotiated or entered into, the appointments had not been made, and nothing done accordance with regard to prior agreements or this Second Amended Settlement Agreement and any papers filed in support thereof shall be deemed an admission by Sharper Image, and in such event will also be without prejudice to Plaintiffs’ right to file a motion to certify a class or classes and seek the appointment of settlement class representatives and settlement class counsel.paragraph
Appears in 1 contract
Sources: Stipulation and Agreement of Settlement (Under Armour, Inc.)