Common use of Effect of Agreement if Settlement Is Not Approved Clause in Contracts

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this Settlement Agreement was entered into only for the purpose of Settlement. If any of the following events occur, and cannot be cured by the Parties working in good faith to address any concerns raised by the Court, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: (i) ▇▇▇▇▇▇ invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: (i) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Named Plaintiffs as Class representatives, and conditional appointment of Plaintiffs’ Counsel as Class Counsel; (ii) the Action will revert to the status that existed before Named Plaintiffs filed their motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrations; and (v) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement discussions, negotiations or documentation will have any effect, or be admissible into evidence, for any purpose in the Action or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ shall retain all its rights to object to the maintenance of the Action as a class action and to enforce its arbitration terms, and nothing in this Settlement Agreement, or other papers or proceedings related to the Settlement, shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class action or other form of litigation.

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this This Settlement Agreement was entered into only for the purpose of Settlement. If any of the following events occur, and cannot be cured by the Parties working in good faith to address any concerns raised by the Court, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: (i) ▇▇▇▇▇▇ Kipling invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: : (ia) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Settlement Class, conditional appointment of Named Plaintiffs Plaintiff as Class representativesrepresentative, and conditional appointment of Plaintiffs’ Plaintiff’s Counsel as Class Counsel; (iib) the Action will revert to the status that existed before Named Plaintiffs Plaintiff filed their her motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any , and all reasonable steps for the matter Plaintiff will agree to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) work with ▇▇▇▇▇▇▇ shall retain in good faith to remove the right Action to enforce its arbitration terms against Plaintiffs federal court if Defendant intends to require individual arbitrationsseek removal; and (vc) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement discussions, negotiations or documentation will have any effect, or be admissible into evidence, for any purpose in the Action Actions or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇▇ shall retain all its rights to object to the maintenance of the Action Actions as a class action and to enforce its arbitration termsaction, and nothing in this Settlement Agreement, or other papers or proceedings related to the Settlement, shall be used as evidence or argument by any Party concerning whether the Action Actions may properly be maintained as a class action or other form of litigationaction.

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this This Settlement Agreement was entered into only for the purpose of Settlement. If In the event that Section 4.1 is invoked by New York & Company, the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties, or if the following events occurCourt does not approve the Settlement or enter the Final Order and Judgment, and canor if the Final Settlement Date does not be cured by the Parties working in good faith to address occur for any concerns raised by the Courtreason, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: . In that event (i) ▇▇▇▇▇▇ invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: (ia) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Named Plaintiffs as Class class representatives, and conditional appointment of Plaintiffs’ Counsel as Class Counsel; (iib) the Action Plaintiffs will revert to the status that existed before Named Plaintiffs filed their motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing dismiss this case and re-filing file the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrationsUnited States District Court for the Southern District of California; and (vc) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement settlement discussions, negotiations or documentation will have any effect, effect or be admissible into evidence, evidence for any purpose in the Action or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ New York & Company shall retain all its rights to object to the maintenance of the Action as a class action and to enforce its arbitration termsaction, and nothing in this Settlement Agreement, Agreement or other papers or proceedings related to the Settlement, Settlement shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class action or other form of litigationaction.

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this This Settlement Agreement was entered into only for the purpose of the Settlement. If In the event that the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to Defendants or a minimum of two-thirds of Representative Plaintiffs, or if the following events occurCourt does not approve the Settlement or enter the Final Order and Judgment, and canor if the Final Settlement Date does not be cured by the Parties working in good faith to address occur for any concerns raised by the Courtreason, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: . In that event: (i) ▇▇▇▇▇▇ invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: (ia) the Preliminary Approval Order and all of its provisions will be vacated by its their own terms, including, but not limited to, vacating conditional certification of the ClassClass for Settlement, conditional appointment of Named Representative Plaintiffs as Class representativesclass representatives for Settlement purposes, appointment of ▇▇▇▇▇▇ & ▇▇▇▇▇▇, P.A., ▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇▇ & Majestro, PLLC, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ LLC, and Rawls, Scheer, ▇▇▇▇▇, & ▇▇▇▇▇ PLLC as Settlement Class Counsel, conditional appointment of Plaintiffs’ ▇▇▇▇▇▇ & Majestro, PLLC as Settlement Class Communication Counsel as Class Counselfor Settlement purposes; (iib) the Action Actions will revert to the status that existed before Named Plaintiffs filed their motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrationsSettlement Agreement’s execution date; and (vc) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement settlement discussions, negotiations negotiations, or documentation will have any effect, effect or be admissible into evidence, evidence for any purpose in the Action Actions or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ Defendants shall retain all its their rights to continue to object to the maintenance of the Action Consolidated Actions as a class action and to enforce its arbitration termsactions, and nothing in this Settlement Agreement, Agreement or other papers or proceedings related to the Settlement, Settlement shall be used as evidence or argument by any Party concerning whether the Action Consolidated Actions may properly be maintained as a class action or other form of litigationactions.

Effect of Agreement if Settlement Is Not Approved. This Settlement Agreement was entered into only for the purpose of Settlement. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will agree to work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will may be granted. With that understanding, this Settlement Agreement was entered into only for the purpose of Settlement. If any of the following events occur, and cannot be cured by the Parties working in good faith to address any concerns raised by the Court, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: (i) ▇▇▇▇▇▇ American Freight invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: : (i) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Named Plaintiffs Plaintiff as Class representativesrepresentative, and conditional appointment of Plaintiffs’ Plaintiff’s Counsel as Class Counsel; (ii) the Action will revert to the status that existed before Named Plaintiffs Plaintiff filed their his motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrations; and (v) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement discussions, negotiations negotiations, or documentation will have any effect, or be admissible into evidence, for any purpose in the Action or any other proceeding; and (iv) Named Plaintiff shall waive any objection to the removal of the Action to federal court on timeliness grounds, and nothing in the present agreement shall prevent American Freight from producing evidence of such waiver if needed to oppose a potential motion for remand. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ American Freight shall retain all its rights to object to the maintenance of the Action as a class action and to enforce its arbitration termsaction, and nothing in this Settlement Agreement, or other papers or proceedings related to the Settlement, shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class action or other form of litigationaction.

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this This Settlement Agreement was entered into only for the purpose of Settlement. If In the event that Section 4.1 is invoked by TCP, the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties, or if the following events occurCourt does not approve the Settlement or enter the Final Order and Judgment, and canor if the Final Settlement Date does not be cured by the Parties working in good faith to address occur for any concerns raised by the Courtreason, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: . In that event (i) ▇▇▇▇▇▇ invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: (ia) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Named Plaintiffs as Class representativesclass representative, and conditional appointment of Plaintiffs’ Counsel as Class Counsel; (iib) the Action will revert to the status that existed before Named the Plaintiffs filed their motion for approval of the Preliminary Approval Order; Order (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for allowing TCP to, among other things, move to dismiss the matter Complaint and/or move to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrationsstrike allegations contained therein); and (vc) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement settlement discussions, negotiations or documentation will have any effect, effect or be admissible into evidence, evidence for any purpose in the Action or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ TCP shall retain all its rights to object to the maintenance of the Action as a class action and to enforce its arbitration termsaction, and nothing in this Settlement Agreement, Agreement or other papers or proceedings related to the Settlement, Settlement shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class action or other form of litigationaction.

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this This Settlement Agreement was entered into only for the purpose of Settlement. If any of In the following events occur, and cannot be cured by the Parties working in good faith to address any concerns raised by the Court, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: (i) ▇▇▇▇▇▇ invokes its right to revoke pursuant to Section 4.1 above; (ii) event that the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) , or if the Court does not approve the Settlement or enter the Final Approval Order and Judgment; , or (iv) if the Final Settlement Date does not occur for any reason, then this Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Agreement was never executed. If any of the afore-described events occurs, then: In that event (ia) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the ClassClass for Settlement, conditional appointment of Named Plaintiffs Galente and ▇▇▇▇▇▇▇ as Class representativesclass representatives for Settlement purposes, and conditional appointment of Plaintiffs’ counsel as Plaintiffs’ Counsel as Class Counselfor Settlement purposes; (iib) the Action will revert to the status that existed before Named Plaintiffs filed their motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrationsSettlement Agreement’s execution date; and (vc) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement settlement discussions, negotiations negotiations, or documentation will have any effect, effect or be admissible into evidence, evidence for any purpose in the Action or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ Cardinal Financial shall retain all its rights to continue to object to the maintenance of the Action as a class action and Plaintiffs shall retain all their rights to enforce its arbitration termsargue for certification of a broader class, to seek payment of higher incentive awards, and to seek payment of additional attorneys’ fees, and nothing in this Settlement Agreement, Agreement or other papers or proceedings related to the Settlement, Settlement shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class action or other form of litigationaction.

Effect of Agreement if Settlement Is Not Approved. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties will work cooperatively and in good faith to address any concerns raised by the Court so that the preliminary approval will be granted. With that understanding, this This Settlement Agreement was entered into only for the purpose of Settlement. If In the event that Section 4.1 is invoked by Guess, the Court conditions its approval of either the Preliminary Approval Order or the Final Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties, or if the following events occurCourt does not approve the Settlement or enter the Final Order and Judgment, and canor if the Final Settlement Date does not be cured by the Parties working in good faith to address occur for any concerns raised by the Courtreason, then this Settlement Agreement shall be deemed null and void ab initio and the Parties shall be deemed restored to their respective positions status quo ante, and as if this Settlement Agreement was never executed: . In that event (i) ▇▇▇▇▇▇ invokes its right to revoke pursuant to Section 4.1 above; (ii) the Court conditions its approval of either the Preliminary Approval Order or the Final Approval Order and Judgment on any modifications of this Settlement Agreement that are not acceptable to all Parties; (iii) the Court does not approve the Settlement or enter the Final Approval Order and Judgment; or (iv) the Final Settlement Date does not occur for any reason. If any of the afore-described events occurs, then: (ia) the Preliminary Approval Order and all of its provisions will be vacated by its own terms, including, but not limited to, vacating conditional certification of the Class, conditional appointment of Named Plaintiffs as Class representativesclass representative, and conditional appointment of Plaintiffs’ Counsel as Class Counsel; (iib) the Action will revert to the status that existed before Named the Plaintiffs filed their motion for approval of the Preliminary Approval Order; (iii) Plaintiffs’ Counsel shall take any and all reasonable steps for the matter to be litigated in federal court rather than state court, including, as necessary, voluntarily dismissing and re-filing the First Amended Complaint in federal court; (iv) ▇▇▇▇▇▇ shall retain the right to enforce its arbitration terms against Plaintiffs to require individual arbitrations; and (vc) no term or draft of this Settlement Agreement, or any part of the Parties’ Settlement settlement discussions, negotiations or documentation will have any effect, effect or be admissible into evidence, evidence for any purpose in the Action or any other proceeding. If the Court does not approve the Settlement or enter the Final Approval Order and Judgment for any reason, or if the Final Settlement Date does not occur for any reason, ▇▇▇▇▇▇ Guess shall retain all its rights to object to the maintenance of the Action as a class action and to enforce its arbitration termsaction, and nothing in this Settlement Agreement, Agreement or other papers or proceedings related to the Settlement, Settlement shall be used as evidence or argument by any Party concerning whether the Action may properly be maintained as a class action or other form of litigationaction.