Effect of Failure to Grant Final Approval. If Final Approval does not occur, this Agreement shall be null and void.
Effect of Failure to Grant Final Approval. In the event the Court fails to enter the Final Approval Order or if such approval does not become final as contemplated herein, the Parties shall resume the Litigation unless the Parties jointly agree to: (1) seek reconsideration or appellate review of the decision denying Final Approval of the Settlement; or (2) attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. In the event that any reconsideration or appellate review is denied, or a mutually agreed-upon settlement is not approved:
Effect of Failure to Grant Final Approval. If the Court denies Plaintiffs’ Final Approval Motion, the Parties will work together, diligently and in good faith, to remedy any issue(s) leading to such denial (without any change to the Gross Settlement Amount). If, despite the Parties’ efforts, the Court continues to deny the Final Approval Motion (or otherwise to approve the Settlement), then the Settlement will become null and void, provided that the failure by the Court or an appellate court to award or sustain the full amount of the Service Payment to the Named Plaintiff or Class Counsel’s Attorneys’ Fees and Litigation Expenses will not constitute a failure to approve the Settlement or a material modification of the Settlement. If the Settlement becomes null and void, or if the action is dismissed or transferred on the basis of personal jurisdiction or venue:
Effect of Failure to Grant Final Approval. In the event the Court denies Plaintiff’s Motion for Judgment and Final Approval or such Judgment does not become final and effective for any other reason whatsoever, the Parties shall proceed as follows:
Effect of Failure to Grant Final Approval. (A) If the Court denies the Final Approval Motion, the Parties will work together, diligently and in good faith, to remedy any issue(s) leading to such denial and to seek appellate review of the ruling or order denying the motion and/or Court approval of a renegotiated settlement (without any change to the amount of the Gross Settlement Fund). If, despite the Parties’ efforts, the Court continues to deny the Final Approval Motion (or otherwise to approve the Settlement), or appellate review is denied, then the Settlement will become null and void.
Effect of Failure to Grant Final Approval. If there is no Final Approval, then the Settlement will become null and void, provided that the failure by the Court or an appellate court to award or sustain the full amount of the Service Award to Named Plaintiff or Class Counsel’s attorneys’ fees and expenses will not constitute a failure to approve the Settlement or a material modification of the Settlement, and provided that the Parties do not jointly agree to: (1) seek reconsideration or appellate review of the decision denying entry of Judgment, or (2) attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. If the Settlement becomes null and void:
Effect of Failure to Grant Final Approval. In the event the Court fails to dismiss this matter with prejudice in accordance with this Agreement or such dismissal or this settlement does not become final as defined herein, the Parties shall resume the Lawsuit unless the Parties jointly agree to:
Effect of Failure to Grant Final Approval. If the Court fails to enter a Final Order and Judgment substantially in the form attached as Exhibit C, or if there is an appeal and the Final Order and Judgment is set aside, or if the Settlement does not become effective for any other reason, then this Settlement Agreement shall be null and void ab initio, shall have no force or effect, and shall impose no obligations on the Parties except that the Parties will be prohibited from using this Settlement Agreement or the Parties' settlement discussions as evidence in the Lawsuit. The intent of the immediately preceding sentence is that, in the event final approval is denied or the Settlement does not become effective for any other reason, the Parties will revert to their positions immediately before the execution of the Settlement Agreement, and the Lawsuit will resume. In the event that the Settlement is not approved, the Parties reserve all rights, claims, defenses, and appeals that they may have.
Effect of Failure to Grant Final Approval. 45. In the event the Court does not grant final approval in accordance with this Agreement, or such judgment does not become final as defined herein, the Parties agree to proceed as follows: The Parties jointly agree to attempt to renegotiate the settlement and seek Court approval of the renegotiated settlement. Defendants will not oppose Plaintiffs’ application for a Named Plaintiff Service Award, and attorneys’ fees, and costs, or appeal of denial of such items in the event not awarded as requested pursuant to the terms of this Settlement Agreement. In the event a mutually-agreed-upon settlement is not approved the Litigation will proceed as if no settlement had been attempted. In that event, Defendants retains the right to contest whether this Litigation should be maintained as a class action and to contest the merits of the claims being asserted by Plaintiffs.
Effect of Failure to Grant Final Approval. The Agreement and payment of the Settlement Amount are contingent upon the Court’s approval of the Settlement and this Agreement. In the event: (1) the Court fails to enter a Final Approval Order approving the Settlement (failure by the Court or an appellate court to award or sustain the full amount of the Service Awards or Plaintiff’s Counsel’s attorneys’ fees and expenses will not constitute failure to approve the Settlement or a material modification of the Settlement); and (2) either (a) a Party does not seek reconsideration or appellate review of the decision denying entry of the Judgment, or (b) the Parties attempt to renegotiate the Settlement and seek Court approval of the renegotiated settlement, then the Settlement and this Agreement will become null and void ab initio. In the event the Settlement and this Agreement become null and void:
