Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Settlement Class Members, and shall not be used in the Action or in any other action or proceeding for any purpose, and any order or judgment entered by the Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Settlement Class Member and shall not be admissible or offered into evidence in any action or proceeding, and shall not be deemed, asserted or construed to be an admission or confession by any Party or any other Person or entity of any fact, matter or proposition of law, and shall not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall stand in the same position as if this Agreement and the Settlement had not been negotiated, made or submitted to the Court.
Effect of Non-Approval. In the event that the Brazilian antitrust authorities refuse to accept the transaction as contemplated hereunder or impose restrictions on the transaction that are unacceptable to one or more of the Parties hereunder, the Parties shall in good faith seek to modify their mutual contractual arrangements to the extent reasonably necessary to satisfy the requirements of the Brazilian antitrust authorities.
Effect of Non-Approval. In the event that this Agreement is not approved by the Court for any reason in the form submitted by the Parties, the Parties will attempt in good faith to address any concerns raised by the Court and resubmit a revised settlement agreement if possible. If the Parties cannot agree on a revised settlement agreement or if the Court denies the approval of a renegotiated settlement agreement, this Agreement or the re-negotiated agreement shall be terminated as of the date the Court’s order denying approval of the Agreement or renegotiated agreement was entered. In such event, the Parties shall immediately file a joint stipulation for dismissal of the Litigation without prejudice. Upon termination of this Agreement or any renegotiated agreement: (A) This Agreement and, if applicable, the renegotiated agreement shall have no force or effect and no Party shall be bound by any of its terms; (B) the Parties’ agreement or stipulation that the Potential Opt-In Plaintiffs are similarly situated to the Named Plaintiff under 29 U.S.C. Section 216(b) and any other law and the releases given shall be null and void; (C) nothing in this Agreement shall be used or construed by or against any party as a determination, admission, or concession of any issue of law or fact in the Litigation or any other litigation; (D) the Parties do not waive, and instead expressly reserve, their respective rights with respect to the prosecution and defense of the Litigation and any other litigation; and (E) the Named Plaintiff’s EXHIBIT A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA XXXXXXXXX XXXXXXXX, individually and on behalf all others similarly situated, Plaintiffs, Case No.:
Effect of Non-Approval. In the event that the Brazilian antitrust authorities refuse to accept the transaction as contemplated hereunder or condition the issuance of their approval to changes in the structure defined by the Parties in this Agreement, the Parties shall endeavor, and shall exert in good faith their best efforts, to seek the adoption of the requested changes, provided it can be done in a way as to keep the spirit of this Agreement and their respective positions after the consummation of the transactions contemplated herein. In no event a request from the antitrust authorities will cause the termination or revocation of the transactions contemplated in this Agreement
Effect of Non-Approval. Notwithstanding any other terms of this Settlement Agreement, the Settling Defendants may, in their sole and unfettered discretion, elect to terminate this Settlement Agreement in accordance with section 15 if either the British Columbia Court or the Quebec Court fails to approve this Settlement Agreement or any part thereof.
Effect of Non-Approval. In the event that (i) the Plan is not Confirmed, (ii) subject to the requirements of Section 1.1(a) of this Settlement Agreement, the Plan is not Consummated or the Conditions Precedent are not satisfied or waived by the Parties, or (iii) Bankruptcy Court approval of this Settlement Agreement including the Revised Development Agreement is not granted, this Settlement Agreement shall be deemed to be null and void and neither Party shall have any obligations to the other Parties arising out of this Settlement Agreement, including the Revised Development Agreement, nor shall the existence of the Settlement Agreement or its terms be used as the basis for the assertion of the waiver or estoppel of any claim or defense by any Party in any subsequent matter or proceeding.
Effect of Non-Approval. 20 In the event that this Settlement Agreement does not become final and binding, this
Effect of Non-Approval. 1. In the event that the Agreement, in the form submitted by the Settling Parties, is not approved by the Court for any reason, then the Settling Parties will attempt in good faith to address any concerns raised by the Court and resubmit a revised settlement agreement, if possible. If the Settling Parties cannot agree on a revised settlement agreement or if the Court denies the approval of a revised settlement agreement, this Agreement or the revised agreement shall be terminated as of the date the Court’s order denying approval of the Agreement or revised agreement was entered (“Court Denial of Approval”). In such event, the Settling Parties shall immediately file a joint stipulation for dismissal of the Litigation without prejudice.
Effect of Non-Approval. In the event that any Incomplete Item is not approved by Buyer and Sellers by the end of the Extended Due Diligence Period, this Agreement shall be terminated.
Effect of Non-Approval. In the event that this Agreement is not approved by the Court in substantially its present form, any Objection to the Settlement is sustained by the Court, or the Settlement does not become final for any reason, the terms and provisions of this Agreement shall have no further force and effect with respect to the Parties or the Settlement Class Members, and shall not be used in this Action or in any other action or proceeding for any purpose, and any order or judgment entered by the Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro Electronically Filed - Xxxxxx - December 12, 2017 - 12:08 PM tunc. In such event, this Agreement and all negotiations, proceedings, documents prepared and statements made in connection with this Agreement shall be without prejudice to any Party or Settlement Class Member and shall not be admissible or offered into evidence in any action or proceeding, and shall not be deemed, asserted or construed to be an admission or confession by any Party or any other Person or entity of any fact, matter or proposition of law, and shall not be used or asserted in any other manner or for any purpose, and all Parties and Settlement Class Members shall stand in the same position as if this Agreement and Settlement had not been negotiated, made or submitted to the Court.
