Effect of Non Sample Clauses

Effect of Non compliance with arbitration Member Initials: ______________________________________

Effect of Non occurrence of Conditions to the Effective Date. If the Merger Agreement is terminated in accordance with its terms, then the Confirmation Order shall be vacated by the Bankruptcy Court unless the Debtors, Arch or the Committee files a motion opposing the vacation of the Confirmation Order within ten Business Days after termination of the Merger Agreement. The Confirmation Order may not be vacated after all the conditions to the Effective Date have either occurred or been waived.

Effect of Non approval of proposals 1

Effect of Non. Renewal In the event that the Company fails to offer Executive to renew the terms of this Agreement for at least one (1) year following the end of the Term at a salary level at least equal to Executive's then current base salary, the Company shall pay Executive an amount equal to Executive's then current base salary for one (1)

Effect of Non. Approval or Termination of Settlement Agreement‌ (1) If this Settlement Agreement is not approved by the Court, is terminated in accordance with its terms, or otherwise fails to take effect for any reason: (a) no application to certify the Proceeding as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued order certifying the Proceeding as a class proceeding on the basis of the Settlement Agreement, or approving this Settlement Agreement, set aside and declared null and void and of no force or effect, and any Person shall be estopped from asserting otherwise;

Effect of Non. Use of the Tribal Water Right. State law doctrines relating to the use of water rights, including but not limited to relinquishment, forfeiture or abandonment, do not apply to the Tribal Water Right. Thus, non-use of all or any of the Tribal Water Right described in Article III shall not constitute a relinquishment, forfeiture or abandonment of such rights.

Effect of Non. Approval or Termination of Settlement Agreement‌ (1) If this Settlement Agreement is not approved by a Court, is terminated in accordance with its terms or otherwise fails to take effect for any reason: (a) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Settlement Agreement, or to approve this Settlement Agreement, which has not been decided, shall proceed; (b) the Parties will cooperate in seeking to have any issued orders certifying or authorizing a Proceeding as a class proceeding on the basis of the Settlement Agreement or approving this Settlement Agreement set aside and declared null and void and of no force or effect, and any Person shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Classes and the Common Issues pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties may later take on any issue in the Proceedings or any other litigation; and (d) within ten (10) days of such termination having occurred, Class Counsel shall destroy or return all Documents or other materials provided by the Settling Defendants and Counsel for the Settling Defendants under this Settlement Agreement or containing, incorporating or reflecting information derived from such Documents or other materials received from the Settling Defendants, including any notes or work product of Class Counsel. To the extent Class Counsel has disclosed any Documents or information provided by the Settling Defendants or Counsel for the Settling Defendants or related notes or work product of Class Counsel to any other Person, Class Counsel shall recover and destroy or return such Documents or material. Class Counsel shall provide Counsel for the Settling Defendants with a written certification by Class Counsel of such destruction or return within ten (10) days of termination.

Effect of Non. Occurrence of Conditions to the Effective Date If the Effective Date does not occur and circumstances make clear that the Effective Date will not occur, the Plan shall be null and void in all respects and nothing contained in the Plan or the Disclosure Statement shall (i) constitute a waiver or release of any Claims by or Claims against or Interests in the Debtors; (ii) prejudice in any manner the rights of the Debtors, any Holders of a Claim or Interest or any other Entity; or (iii) constitute an admission, acknowledgment, offer, or undertaking by the Debtors, any Holders, or any other Entity in any respect.

Effect of Non. Closing In the event that there is no Closing and the consideration required by Section 6.2(a) is not delivered in full, LBI shall have the right to terminate this Agreement in which event LBI shall return all compensation received pursuant to Section 6.1(b) and LBC shall immediately transfer the license referred to in Section 6.1(a) and shall cause a public announcement to be made announcing the cancellation of the Agreement. For purposes of clarity, in the event that there is no Closing, LBI's shareholders shall be entitled to retain the 11,750,000 shares of common stock.