Rejection or Alteration of Settlement Terms. If the Court declines to grant either preliminary or final approval to this Settlement Agreement or any material part hereof (as set forth in Sections II(G)(3) or (G)(7) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if after the Court’s approval, such approval is materially modified or set aside on appeal, or if the Court does not enter the Final Order and Judgment, or if the Court enters the Final Order and Judgment and appellate review is sought and on such review such Final Order and Judgment is not affirmed (collectively “Triggering Events”), then Settling Defendants and Plaintiffs shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice of their election to do so (“Termination Notice”) to each other within thirty (30) calendar days of such Triggering Event. For purposes of this Section II(G)(10), a material modification includes but is not limited to any modification to the settlement payments, the scope of the Released Claims pursuant to Section I(B) and Section II(C), and the opt-out rescission provision in Section II(G)(10)(b).
Appears in 3 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
Rejection or Alteration of Settlement Terms. If the Court declines to grant either preliminary or final approval to this Settlement Agreement or any material part hereof (as set forth in Sections II(G)(3) or (G)(7) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if after the Court’s approval, such approval is materially modified or set aside on appeal, or if the Court does not enter the Final Order and Judgment, or if the Court enters the Final Order and Judgment and appellate review is sought and on such review such Final Order and Judgment is not affirmed (collectively “Triggering Events”), then Settling Defendants Defendant and Plaintiffs shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice of their election to do so (“Termination Notice”) to each other within thirty (30) calendar days of such Triggering Event. For purposes of this Section II(G)(10), a material modification includes but is not limited to any modification to the settlement payments, the scope of the Released Claims pursuant to Section I(B) and Section II(C), and the opt-out rescission provision in Section II(G)(10)(b).
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Rejection or Alteration of Settlement Terms. If the Court declines to grant either preliminary or final approval to this Settlement Agreement or any material part hereof (as set forth in Sections II(G)(3II(E)(3) or (G)(7E)(7) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if after the Court’s approval, such approval is materially modified or set aside on appeal, or if the Court does not enter the Final Order and Judgment, or if the Court enters the Final Order and Judgment and appellate review is sought and on such review such Final Order and Judgment is not affirmed (collectively “Triggering Events”), then Settling Defendants and Plaintiffs shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice of their election to do so (“Termination Notice”) to each other within thirty (30) calendar days of such Triggering Event. For purposes of this Section II(G)(10II(E)(10), a material modification includes but is not limited to any modification to the settlement payments, the scope of the Released Claims pursuant to Section I(BII(A) and Section II(C(B), and the opt-out rescission provision in Section II(G)(10)(bII(E)(10)(b-c).
Appears in 1 contract
Sources: Settlement Agreement
Rejection or Alteration of Settlement Terms. If the Court declines to grant either preliminary or final approval to this Settlement Agreement or any material part hereof (as set forth in Sections II(G)(3II(E)(3) or (G)(7E)(7) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if after the Court’s approval, such approval is materially modified or set aside on appeal, or if the Court does not enter the Final Order and Judgment, or if the Court enters the Final Order and Judgment and appellate review is sought and on such review such Final Order and Judgment is not affirmed (collectively “Triggering Events”), then Settling Defendants Defendant and Plaintiffs shall each, in their respective sole discretion, have the option to rescind this Settlement Agreement in its entirety by providing written notice of their election to do so (“Termination Notice”) to each other within thirty (30) calendar days of such Triggering Event. For purposes of this Section II(G)(10II(E)(10), a material modification includes but is not limited to any modification to the settlement payments, the scope of the Released Claims pursuant to Section I(BII(A) and Section II(C(B), and the opt-out rescission provision in Section II(G)(10)(bII(E)(10)(b).
Appears in 1 contract
Sources: Settlement Agreement
Rejection or Alteration of Settlement Terms. If the Court declines to grant either preliminary a Preliminary Approval Order or final approval to this Settlement Agreement or any material part hereof Order and Final Judgment (as set forth in Sections II(G)(3) or (G)(7) above, respectively), ; or if the Court approves this Settlement Agreement in a materially modified form, ; or if after the Court’s approval, such approval is materially modified or set aside on appeal, ; or if the Court does Final Approval is not enter the Final Order and Judgment, obtained; or if the Court enters the Final Order and Judgment and appellate review is sought and on such review such Final Order and Judgment is not affirmed (collectively “Triggering Events”), then Settling Defendants Mar-Jac and Plaintiffs shall each, in their respective sole and absolute discretion, have the option to rescind rescind, cancel, or terminate this Settlement Agreement in its entirety by providing written notice Notice of their election to do so (“Termination Notice”) to each the other Party within thirty fifteen (3015) calendar days of such any of the Triggering EventEvents. For purposes of Section II(G)7(b) and this Section II(G)(10II(G)(10)(a), a material modification includes includes, but is not limited to to, any modification to the settlement payments, Settlement Amount or a material change to the scope of the Released Claims pursuant Claims. In no way shall CIIPPs have the right to Section I(B) and Section II(C)rescind, and cancel or terminate this Settlement Agreement if the opt-out rescission provision in Section II(G)(10)(b)Court fails or refuses to grant any requested attorneys’ fees, any costs, or any Service Awards to Class Representatives.
Appears in 1 contract
Sources: Settlement Agreement