Common use of If Settlement Agreement is Terminated Clause in Contracts

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is terminated in accordance with its terms or otherwise fails to take effect:‌ (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 heard, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of this Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone 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 Class and the Common Issue 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; (d) except as provided in Section 6.4, it shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (e) within ten (10) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide Counsel for the Settling Defendants with a written certification by Class Counsel of such destruction. Nothing contained in this paragraph shall be construed to require Class Counsel to destroy any of their work product.‌

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect:‌effect for any reason: (a) no motion to certify or authorize any of the Proceedings Action as a class proceeding on the basis of this Settlement Agreement Agreement, or to approve this Settlement Agreement, which has not been hearddecided, shall proceed; (b) any order certifying or authorizing a Proceeding the Action as a class proceeding on the basis of this the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped from asserting otherwise; (c) any prior certification or authorization of a Proceeding the Action as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Action or any other litigation; (d) except as provided in Section 6.4any order dismissing the Action against the Settling Defendant or Nomura Securities International, it Inc. shall be set aside and declared null and void and have of no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (e) within ten (10) days of such termination having occurred, Class Counsel shall return or destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide Counsel for counsel to the Settling Defendants Defendant with a written certification by Class Counsel of such destructionreturn or destruction within ten (10) days of such termination having occurred. Nothing contained in this paragraph Section 5.2 shall be construed to require Class Counsel to destroy any of their work product.‌product. However, any documents or information provided by the Settling Defendant, or received from the Settling Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.‌

If Settlement Agreement is Terminated. ‌ (1) If this Partial Settlement Agreement is terminated in accordance with its the terms of Section 5.1 or otherwise fails to take effect:‌effect for any reason: (a) this Partial Settlement Agreement shall become null and void and shall have no further force or effect except as provided for in Section 5.4 and shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; (b) the Parties shall be restored to their respective positions in the Proceedings immediately prior to reaching the settlement; (c) no motion to certify or authorize any of the Proceedings as a class proceeding on the basis of this Partial Settlement Agreement Agreement, or to approve this Partial Settlement Agreement, which has not been hearddecided, shall proceed; (bd) any order certifying or authorizing a Proceeding as a class proceeding on the basis of this the Partial Settlement Agreement or approving this Partial Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone the Parties shall be estopped from asserting otherwise; (ce) any prior certification or authorization of a Proceeding as a class proceeding on the basis of this Partial Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Partial Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation;; and (df) except as provided in Section 6.4, it documents or communications related to the settlement (including this Partial Settlement Agreement) shall be null and void and have no further force or effect, shall not be binding on the Parties, effect and shall not be used as admissible in evidence for any purpose in the Proceedings or otherwise in any litigation; and (e) within ten (10) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide Counsel for the Settling Defendants with a written certification by Class Counsel of such destruction. Nothing contained in this paragraph shall be construed to require Class Counsel to destroy any of their work product.‌proceeding.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is terminated in accordance with its terms or otherwise fails to take effect:‌terminated: (a) no motion The Parties will be restored to certify or authorize any of their respective positions prior to the Proceedings as a class proceeding on the basis execution of this Settlement Agreement or and prior to approve this Settlement Agreementthe confidential mediation session conducted on March 13 and 15, which has not been heard2023, shall proceedexcept as expressly provided for herein; (b) any order certifying Any step taken by the Defendants or authorizing a Proceeding as a class proceeding on the basis of this Settlement Agreement or approving Plaintiff in relation to this Settlement Agreement shall be without prejudice to any position that the Parties may later take in respect of any procedural or substantive issues in the Class Action; (c) Any order or judgment rendered by the Court pursuant to this Settlement Agreement shall be set aside or vacated. The Parties consent and will cooperate in seeking to have all prior orders or judgments sought from and rendered by the Court, in accordance with this Settlement Agreement, set aside and declared null and void and of no force or effect, and anyone any Party 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 Class and the Common Issue 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) All documents and information exchanged by the Parties during the settlement process are subject to settlement privilege, except as provided in Section 6.4, it shall be null and void and have no further force to the extent that the documents or effect, shall not be binding on the Parties, and shall not be used as evidence information were or are otherwise in any litigation; and publicly available. Within thirty (e) within ten (1030) days of such termination having occurred, Class Counsel shall destroy all documents or and other materials provided by the Settling Defendants under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from for the Settling Defendants and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants to any other Person, shall recover and destroy such documents or informationpurposes of implementing this Settlement. Class Counsel shall provide Defence Counsel for the Settling Defendants with a written certification by Class Counsel of such destruction. Nothing contained in this paragraph shall be construed to require Class Counsel to destroy any of their work product.‌.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms by the Plaintiffs (acting as a group) or the Settling Defendant(s) or otherwise fails to take effect:‌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 Agreement, or to approve this Settlement Agreement, which has not been hearddecided, shall proceed; (b) any order certifying or authorizing a Proceeding as a class proceeding on the basis of this the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone 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 Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings or any other litigation; (d) except as provided in Section 6.4, it shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (e) within ten (10) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Settling Defendants Defendant(s) under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant(s) and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant(s) to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide Counsel for to the Settling Defendants Defendant(s) with a written certification by Class Counsel of such destruction. Nothing contained in this paragraph Section 6.2 shall be construed to require Class Counsel to destroy any of their work product.‌product. However, any documents or information provided by the Settling Defendant(s), or received from the Settling Defendant(s) in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the relevant Settling Defendant(s). Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information; (e) ▇▇▇▇ may reinstitute the Canadian Bankruptcy Motion pending before the Ontario Court; and (f) KL Sales may pursue motions for summary judgment, in accordance with the applicable rules of court.

If Settlement Agreement is Terminated. ‌ (1) If this Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect:‌effect for any reason: (a) no motion to certify or authorize any of the Proceedings Proceeding as a class proceeding on the basis of this Settlement Agreement Agreement, or to approve this Settlement Agreement, which has not been hearddecided, shall proceed; (b) any order certifying or authorizing a the Proceeding as a class proceeding on the basis of this the Settlement Agreement or approving this Settlement Agreement shall be set aside and declared null and void and of no force or effect, and anyone shall be estopped from asserting otherwise; (c) any prior certification or authorization of a the Proceeding as a class proceeding on the basis of this Settlement Agreement, including the definitions of the Settlement Class and the Common Issue pursuant to this Settlement Agreement, shall be without prejudice to any position that any of the Parties or Releasees may later take on any issue in the Proceedings Proceeding or any other litigation; (d) except as provided in Section 6.4, it shall be null and void and have no further force or effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation; and (ed) within ten (10) days of such termination having occurred, Class Counsel shall destroy all documents or other materials provided by the Settling Defendants Defendant under this Settlement Agreement or containing or reflecting information derived from such documents or other materials received from the Settling Defendants Defendant and, to the extent Class Counsel has disclosed any documents or information provided by the Settling Defendants Defendant to any other Person, shall recover and destroy such documents or information. Class Counsel shall provide Counsel for to the Settling Defendants Defendant with a written certification by Class Counsel of such destruction. Nothing contained in this paragraph Section 6.2 shall be construed to require Class Counsel to destroy any of their work product.‌product (unless that work product is a summation, synopsis, précis or equivalent of the documents or other materials provided by the Settling Defendant, or information derived from such documents or other materials). However, any documents or information provided by the Settling Defendant, or received from the Settling Defendant in connection with this Settlement Agreement, may not be disclosed to any Person in any manner or used, directly or indirectly, by Class Counsel or any other Person in any way for any reason, without the express prior written permission of the Settling Defendant. Class Counsel shall take appropriate steps and precautions to ensure and maintain the confidentiality of such documents, information and any work product of Class Counsel derived from such documents or information.