Common use of Decertification of the Settlement Class if Settlement Not Approved Clause in Contracts

Decertification of the Settlement Class if Settlement Not Approved. Oracle does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the Settlement, or if for any other reason the Effective Date does not occur, this Agreement and any certification of any Settlement Class will be vacated, and the Parties will be returned to their positions with respect to the Action as if the Parties had not entered into the Agreement. Specifically: (a) the Parties shall jointly request that any Court order preliminarily or finally approving the certification of any Settlement Class contemplated by this Agreement be vacated, and agree that such order shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement reflected in this Agreement, that Oracle did not oppose the certification of a Settlement Class under this Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. In the event the terms and conditions of this Agreement are substantially modified by the Court, Oracle reserves the right to declare this Agreement null and void, in its sole discretion, within fourteen (14) days after such modification. For purposes of this Paragraph, “substantially modified” means material changes including but not limited to (a) the definition of the Settlement Class, Settlement Class Members, Released Parties, or Released Claims; and/or (b) the terms of the Non-Monetary Relief; and/or (c) the size of the Settlement Fund; and/or (d) the Notice Plan, including methods of distributing notice, to the Settlement Class. Notwithstanding the above, in the event the Settlement is not approved, the Parties will meet and confer in good faith, to the extent possible, to address the Court’s concerns.

Decertification of the Settlement Class if Settlement Not Approved. Oracle does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter an order granting final approval of the SettlementFinal Judgment without material modification, or if for any other reason the Final Judgment is reversed in whole or in part on appeal, or if the Effective Date does not occur, this Agreement and any certification of any the Settlement Class will be vacated, and the Parties will be returned to their positions status quo ante with respect to the Action as if the Parties this Agreement had not been entered into into. In the Agreement. Specifically: event that Final Judgment or Effective Date is not achieved, (a) the Parties shall jointly request that any Court order court orders preliminarily or finally approving the certification of any Settlement Class class contemplated by this the Agreement and any other orders entered pursuant to the Agreement shall be vacatednull, void, and agree that such order vacated and shall not be used or cited thereafter by any person or entityentity in support of claims or defenses or in support of or in opposition to a class certification motion; and (b) this Agreement will become null and void, and the fact of the settlement reflected in this Agreement, that Oracle AAG did not oppose the certification of a Settlement Class any class under this the Agreement, or that the Court preliminarily or finally approved the certification of a Settlement Class, shall not be used or cited thereafter by any person in any manner whatsoeveror entity, including without limitation but not limited to in any contested proceeding relating to the certification of any class or relating to enforcement of arbitration agreements and class-action waivers. In Additionally, this Agreement, any negotiations or proceedings related to it, the event the terms implementation of it, and conditions of this Agreement are substantially modified by the Court, Oracle reserves the right to declare this Agreement null and void, any papers submitted in its sole discretion, within fourteen (14) days after such modification. For purposes of this Paragraph, “substantially modified” means material changes including but not limited to (a) the definition support of the Settlement Class, Settlement Class Members, Released Partiesmotions for approval of it cannot be construed as, or Released Claims; and/or (b) the terms deemed to be, evidence of any admission or concession by any of the Non-Monetary Relief; and/or (c) Parties regarding liability, damages, or the size appropriateness of the Settlement Fund; and/or (d) the Notice Planclass treatment, including methods of distributing notice, and are not to the Settlement Class. Notwithstanding the above, be offered or received in the event the Settlement is not approved, the Parties will meet and confer evidence in good faith, to the extent possible, to address the Court’s concernsany action or proceeding for any purpose whatsoever.