Failure of Effective Date to Occur Sample Clauses

Failure of Effective Date to Occur. If any of the conditions specified in ¶ 28 are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with ¶ 35 unless the Settling Parties mutually agree in writing to proceed with this Agreement.

Failure of Effective Date to Occur. If any of the conditions specified in Section 18 are not satisfied, then this Agreement shall be terminated, subject to and in accordance with Section 21, unless the Parties mutually agree in writing to continue with it for a specified period of time.

Failure of Effective Date to Occur. 1. In the event that the Effective Date does not occur, for whatever reason, including for the reasons set forth in Sections VI.B-D, then this Agreement shall be cancelled and terminated, unless the Settling Parties mutually agree in writing to proceed with this Agreement. The Settlement Funds shall be returned to Allergan Defendants less interest accrued on the Escrow Account, Notice and Administrative Costs paid, incurred, or due and owing, Notice and Administrative Costs, and Taxes or Tax Expenses paid, incurred, or due and owing (the “Termination Refund”), pursuant to written instructions from the Allergan Defendants’ Counsel. Any amounts remaining in the Escrow Account following the Termination Refund shall be distributed by order of the Court. 2. In the event that the Effective Date does not occur, this Agreement shall terminate, and it, the Allergan Defendants’ obligations under it, and all releases contained herein shall become null and void. In the event of such a termination, (a) no Class will be deemed certified as a result of this Agreement, (b) all orders of the Court preliminarily or otherwise approving the Settlement shall be vacated, (c) the Settling Parties shall be returned to the status quo that existed in the Action and the Other Actions immediately prior to December 11, 2023 (subject to appropriate extensions of deadlines to enable the Action and the Other Actions to proceed), and (d) the Settling Parties shall retain all of their respective rights and defenses as of immediately prior to December 11, 2023. The Settling Parties shall then proceed in all respects as if this Agreement and related orders had not been executed.

Failure of Effective Date to Occur. If all of the conditions specified in ¶ 13 are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with ¶ 15 below and except as otherwise provided for in ¶ 10(c), unless the parties mutually agree in writing to proceed with this Agreement. To the extent that Voluntary Dismissal Defendants do not file a form of bankruptcy, restructuring or creditor protection under Canadian law, including but not limited to the Bankruptcy and Insolvency Act or the Companies' Creditors Arrangement Act and Chapter 15 of the United States Bankruptcy Code, on or before January 31,

Failure of Effective Date to Occur. If, for whatever reason, the Effective Date LAW OFFICES COTCHETT, ▇▇▇▇▇ & does not occur or is not met, then this Settlement Agreement shall be cancelled and terminated, subject to and in accordance with ¶¶ 36-37, below, unless the Settling Parties mutually agree in writing to proceed with this Settlement Agreement.

Failure of Effective Date to Occur. If all of the conditions specified in this Section are not met, then this Settlement Agreement shall be cancelled and terminated and any funds deposited with the Settlement Administrator, including any interest thereon accrued, shall be returned to ▇▇▇▇▇ Fargo, subject to and in accordance with the provisions set forth herein unless the Settling Parties mutually agree in writing to proceed with this Settlement Agreement. The effectiveness of the Settlement is expressly conditioned on the Settlement Agreement being approved by the Court and any appellate court reviewing the Settlement without it being rejected or required to be materially modified by any Court ruling or any order resulting from an appeal or other review. If the Settlement is not finally approved by the District Court and any appellate court reviewing it without material modification, the Agreement shall terminate and cease to have any effect, unless mutually agreed otherwise in writing by the Settling Parties.

Failure of Effective Date to Occur. If all of the conditions specified in § VII(A)(1)-(4) are not met, then this Agreement shall be cancelled and terminated, subject to and in accordance with § VII(I) unless the Settling Parties mutually agree in writing to proceed with this Agreement. The effectiveness of the Settlement is expressly conditioned on the Settlement being approved by the Court and any appellate court reviewing the Settlement without this Agreement being rejected or required to be materially modified by any Court ruling or any order resulting from an appeal or other review. If the Settlement is not finally approved by the Court and any appellate court reviewing the Settlement without material modification as set forth in this Agreement, the Agreement shall terminate and cease to have any effect.

Failure of Effective Date to Occur. On and after the Subscription Rights Election Deadline, if the Company or New WRT determines in its sole discretion that it is unlikely that there will be an Effective Date under the Plan, then the Company or New WRT shall instruct the Disbursing Agent to return the Subscription Purchase Price and/or the Disputed Subscription Purchase Price to the Holders.

Failure of Effective Date to Occur. If all of the conditions specified in § VII.A.1.-