Final Approval of the Court. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court. If the Settlement is approved, the Court will enter a judgment dismissing the claims against NAPG with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order entered by the Court. If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, either Party may terminate this Agreement pursuant to Section
Final Approval of the Court. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Astral Energy with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order entered by the Court. If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, either Party may terminate this Agreement pursuant to Section
Final Approval of the Court. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Gateway with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order entered by the Court. In the Eisig Action, the New York Plaintiffs’ Counsel will, within seven (7) days of entry of the Final Approval Order, dismiss the Eisig Action with prejudice, with Gateway and Eisig to bear their own costs and attorneys’ fees. If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, either Party may terminate this Agreement pursuant to Section
Final Approval of the Court. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Defendant with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order entered by the Court. If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, either Party may terminate this agreement. If no Party timely elects to terminate, then the Parties shall remain bound to the Settlement as so modified. For purposes of this paragraph, a “material modification” is one that significantly affects the rights or obligations of one or more of the Parties. Without limiting the foregoing and by way of illustration only, material modifications include but are not limited to: (a) any change to the scope of the Released Claims set forth in this Settlement Agreement; (b) any material change to the Final Approval Order which limits or reduces any of the protections afforded to Defendant, (c) any change to the Agreement or terms of the Settlement that potentially increases in any way E.T. Xxxxxx’x financial responsibility in connection with this Agreement above the Settlement Sum; or (d) any material change to the Benefit, Class Notice, Claim Form, and claim process. No order or action of the Court pertaining to attorneys’ fees or expenses shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of settlement to be borne by Defendant, and does not require that Defendant do anything not specifically set forth herein, or is one that significantly affects the rights or obligations of one or more of the Parties. Similarly, no order or action of the Court pertaining to the Class Representative’s Service Awards shall be considered to constitute a material modification so long as such order, action or modification does not increase the cost of Settlement to be borne by Defendant and does not require that Defendant do anything not specifically set forth herein. Any dispute as to the materiality of any modification or proposed modification of this Agreement shall be resolved by the Court.
Final Approval of the Court. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court after the determination of the Class Member(s) who may be qualified to receive Settlement Benefits based upon the evaluation of the Claim by Allstate or the final award of the Special Master if an appeal was filed. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Allstate and the Allstate Companies with prejudice. If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, either Party may terminate this Agreement pursuant to Section
Final Approval of the Court. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court. If the Settlement is approved, the Court will enter a judgment dismissing the claims asserted or that could have been asserted against the Settling Party in the Greenlight Action with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order entered by the Court. If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, either Party may terminate this Agreement pursuant to Section
