Effect on Settlement Sample Clauses

Effect on Settlement. The Parties agree that the rulings of the Court regarding the amount of the Fee Award and Incentive Award, and any claim or dispute relating thereto, will be considered by the Court separately from the remaining matters to be considered at the Final Approval Hearing as provided for in this Settlement Agreement and that any determination in that regard may be, but is not required to be, embodied in a separate order from the Court. Any order or proceedings relating to the amount of the Fee Award or the Incentive Award, including any appeals from or modifications or reversals of any orders related thereto, shall not operate to modify, reverse, terminate, or cancel the Settlement Agreement, affect the releases provided for in the Settlement Agreement, or affect whether the Final Approval Order and Judgment becomes final as defined herein except that the Payment of Benefits procedures as set forth in Section III(4) supra shall not commence until the final resolution of any appeals or modification or reversals of any orders related to the amount of the Fee Award and Incentive Award.
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Effect on Settlement. The Parties agree that any rulings of the Court regarding the amount of attorneys’ fees, costs, and expenses or the amount of any incentive award, and any claim or dispute relating thereto, will be considered by the Court separately from the remaining matters to be considered at the Fairness Hearing as provided for in this Agreement, and any determinations in that regard will be embodied in a separate order. Any order or proceedings relating to the amount of attorneys’ fees, costs, and expenses, or the amount of any incentive award, including any appeal from or modifications or reversals of any order related thereto, shall not operate to modify, reverse, terminate, or cancel the Settlement or this Agreement, affect the Releases provided for in this Agreement, or affect whether the Final Approval Order and Judgment becomes final as defined herein.
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Effect on Settlement. 11 The Parties agree that the rulings of the Court regarding the amount of attorneys’ fees or 12 costs and any incentive award, and any claim or dispute relating thereto, will be considered by the 13 Court separately from the remaining matters to be considered at the Final Approval Hearing as 14 provided for in this Settlement Agreement and any determinations in that regard will be embodied 15 in a separate order. Any order or proceedings relating to the amount of attorneys’ fees or incentive 16 award, including any appeals from or modifications or reversals of any order related thereto, shall 17 not operate to modify, reverse, terminate, or cancel the Settlement Agreement, affect the releases 18 provided for in the Settlement Agreement, or affect whether the Final Approval Order and 19 Judgment becomes Final as defined herein. 20 SECTION 7 – RELEASES UPON EFFECTIVE DATE
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Effect on Settlement. Class Counsel will ask the Court to approve the Settlement Agreement pursuant to a motion that will be filed separately from any motion for approval of the Plans of Distribution. The Parties agree that the rulings of the Court regarding the Plans of Distribution, and any claim or dispute relating thereto, will be considered by the Court separately from the approval of the Settlement Agreement and any determinations in that regard will be embodied in a separate order. Any appeals from an order approving the Plans of Distribution, and any modifications or reversals of such order, shall not modify, reverse, terminate, or cancel the Settlement Agreement, increase or affect Defendants’ monetary liability, affect the releases, or affect the finality of the order approving the Settlement Agreement.
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Effect on Settlement. The Parties agree that, in the event that the Settlement Agreement and the Plan of Allocation conflict, the Settlement Agreement shall prevail. The Parties agree that the rulings of the Court regarding the Plan of Allocation, and any claim or dispute relating thereto, shall be considered by the Court separately from the approval of the Settlement Agreement, even if the Court’s rulings with regard to the Plan of Allocation and the Settlement are embodied in the same order. Any ruling, determination, order, or proceedings relating to the Plan of Allocation, including any appeals from or modifications or reversals of any order related thereto, shall not operate to modify, reverse, terminate, or cancel the Settlement Agreement, affect the releases provided for in the Settlement Agreement, or affect whether the Settlement Agreement or the portion of the Final Approval Order addressing the Settlement Agreement becomes Final as defined herein.
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Effect on Settlement. The Parties agree that any order or proceedings relating to the amount of reasonable Attorney’s Fees, Costs and Incentive Payment, including any appeals from or modifications or reversals of any orders related thereto, shall not operate to modify, reverse, terminate, or cancel the Settlement Agreement, affect the releases provided for in the Settlement Agreement, or affect whether the Final Approval Order and the Judgment become Final as defined herein.
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Effect on Settlement. 2 The Parties agree that the rulings of the Court regarding the amount of attorneys’ fees or 3 costs and any incentive award, and any claim or dispute relating thereto, will be considered by the 4 Court separately from the remaining matters to be considered at the Final Approval Hearing as 5 provided for in this Second Amended Settlement Agreement and any determinations in that regard 6 will be embodied in a separate order. Any order or proceedings relating to the amount of attorneys’ 7 fees or incentive award, including any appeals from or modifications or reversals of any order 8 related thereto, shall not operate to modify, reverse, terminate, or cancel the Second Amended
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Effect on Settlement. The Parties agree that the rulings of the Court regarding the amount of the Fee Award and Incentive Award, and any claim or dispute relating thereto, will be considered by the Court separately from the remaining matters to be considered at the Final Approval Hearing. Any order or proceedings relating to the amount of the Fee Award or the Incentive Awards, including any appeals from or modifications or reversals of any orders related thereto, shall not operate to modify, reverse, terminate, or cancel the Settlement Agreement, affect the releases provided for in the Settlement Agreement, or affect whether the Final Approval Order and Judgment becomes final as defined herein except that the Payment of Benefits procedures as set forth in Section III(4) supra shall not commence until the final resolution of any appeals or modification or reversals of any orders related to the amount of the Fee Award and Incentive Award.
Sample 1
Effect on Settlement. The Parties agree that the rulings of the Court regarding the amount of the Fee Award and Incentive Award, and any claim or dispute relating thereto, will be considered by the Court separately from the remaining matters to be considered at the Final Approval Hearing. Any order or proceedings relating to the amount of the Fee Award or the Incentive Awards, including any appeals from or modifications or reversals of any orders related thereto, shall not operate to modify, reverse, terminate, or cancel the Settlement Agreement, affect the releases provided for in the Settlement Agreement, or affect whether the Final Approval Order and Judgment becomes final as defined herein except that the Payment of Benefits procedures as set forth in Section III(4) supra shall not commence until the final resolution of any appeals or modification or reversals of any orders related to the amount of the Fee Award and Incentive Award.
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Related to Effect on Settlement

  • Termination Settlement Upon the occurrence of any Acceleration Event, Dealer shall have the right to designate, upon at least one Scheduled Trading Day’s notice, any Scheduled Trading Day following such occurrence to be a Settlement Date hereunder (a “Termination Settlement Date”) to which Physical Settlement shall apply, and to select the number of Settlement Shares relating to such Termination Settlement Date; provided that (i) in the case of an Acceleration Event arising out of an Ownership Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares necessary to reduce the Share Amount to reasonably below the Post-Effective Limit and (ii) in the case of an Acceleration Event arising out of a Stock Borrow Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares as to which such Stock Borrow Event exists. If, upon designation of a Termination Settlement Date by Dealer pursuant to the preceding sentence, Counterparty fails to deliver the Settlement Shares relating to such Termination Settlement Date when due or otherwise fails to perform obligations within its control in respect of the Transaction, it shall be an Event of Default with respect to Counterparty and Section 6 of the Agreement shall apply. If an Acceleration Event occurs during an Unwind Period relating to a number of Settlement Shares to which Cash Settlement or Net Share Settlement applies, then on the Termination Settlement Date relating to such Acceleration Event, notwithstanding any election to the contrary by Counterparty, Cash Settlement or Net Share Settlement shall apply to the portion of the Settlement Shares relating to such Unwind Period as to which Dealer has unwound its hedge (assuming that Dealer has a commercially reasonable hedge and unwinds its hedge in a commercially reasonable manner) and Physical Settlement shall apply in respect of (x) the remainder (if any) of such Settlement Shares and (y) the Settlement Shares designated by Dealer in respect of such Termination Settlement Date. If an Acceleration Event occurs after Counterparty has designated a Settlement Date to which Physical Settlement applies but before the relevant Settlement Shares have been delivered to Dealer, then Dealer shall have the right to cancel such Settlement Date and designate a Termination Settlement Date in respect of such Shares pursuant to the first sentence hereof. Notwithstanding the foregoing, in the case of a Nationalization or Merger Event, if at the time of the related Relevant Settlement Date the Shares have changed into cash or any other property or the right to receive cash or any other property, the Calculation Agent shall adjust the nature of the Shares as it determines appropriate to account for such change such that the nature of the Shares is consistent with what shareholders receive in such event. If Dealer designates a Termination Settlement Date as a result of an Acceleration Event caused by an excess dividend of the type described in Paragraph 7(f)(ii), no adjustments(s) shall be made to the terms of this contract to account for the amount of such excess dividend.

  • Loss Settlement Covered property losses are settled as follows:

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