Common use of Rejection or Alteration of Settlement Terms Clause in Contracts

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(E)(2) or (E)(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(E)(11), a material modification includes, but is

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(E)(2II(D)(1) or (E)(7D)(5) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if, 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, and on such review, review such Final Order and Judgment is not affirmed (collectively each, individually, a “Triggering EventsEvent”); , then Settling Defendants Defendant and Plaintiffs shall each, in their respective sole discretion, have the option to rescind terminate 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 any such Triggering Event. For purposes of this Section II(E)(11II(D)(8)(a), a material modification includes, but isis not limited to, any modification to the settlement payment or to the scope of the release pursuant to Sections I(21), I(22), I(23), and II(B).

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action 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(E)(2II(D)(1) or (E)(7) aboveD)(6), respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if, 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 Final Judgment, or if the Court enters the Final Order and Final Judgment and appellate review is sought and, and on such review, review such Final Order and Final Judgment is not affirmed (collectively each, individually, a “Triggering EventsEvent”); , then Settling Defendants Defendant and End-Payor Plaintiffs shall each, in their respective sole discretion, have the option to rescind terminate 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 any such Triggering Event. For purposes of this Section II(E)(11II(D)(9)(a), a material modification includes, but isis not limited to, any modification to the settlement payment or to the scope of the release pursuant to Sections I(18), I(19), I(20), and II(B).

Appears in 1 contract

Sources: Class Action 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(E)(2) or (E)(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(E)(11), a material modification includes, but isis not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

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(E)(2) or (E)(7) above, respectively), or if the Court approves this Settlement Agreement in a materially modified form, or if, after the Court’s '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(E)(11), a material modification includes, but isis not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

Appears in 1 contract

Sources: Settlement Agreement