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) days of such Triggering Event. For purposes of this Section II(E)(11), a material modification includes, but is not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

Rejection or Alteration of Settlement Terms. If the Court declines to grant either preliminary a Preliminary Approval Order or final approval to this Settlement Agreement or any material part hereof Final Judgment (as set forth in Sections II(E)(2II(E)(3) or (E)(7) 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 Final Approval is not enter the Final Order and Judgment, obtained; 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 “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 Notice of their election to do so (“Termination Notice”) to each the other Party within thirty (30) calendar days of such any of the Triggering EventEvents. For purposes of this Section II(E)(11II(E)(10)(a), a material modification includes, includes but is not limited to, any modification to the Settlement Amount, a material change to the scope of the Released Claims or Claims, and the settlement payments pursuant to terms as set forth in Sections I(B)(28), (29) and (30) and Section II(A)(1)II.

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(G)(3) or (E)(7G)(7) 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 “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)(11II(G)(10), a material modification includes, includes but is not limited toto any modification to the settlement payments, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1I(B) and Section II(C), and the opt-out rescission provision in Section II(G)(10)(b).

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 is not limited to, any modification to the settlement payment or to the scope of the Released Claims or the settlement payments release pursuant to Section II(A)(1Sections I(21), I(22), I(23), and II(B).

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(F)(2) or (E)(7F)(6) 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 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)(11II(F)(9)(a), a material modification includes, includes but is not limited toto any modification to the settlement payment, the scope of the Released Claims or the settlement payments release pursuant to Section II(A)(1II(B), and the scope of the cooperation provisions in Section II(A)(2).

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(F)(3) or (E)(7F)(8) 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) days of such Triggering Event. For purposes of this Section II(E)(11II(F)(11), a material modification includes, but is not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

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(G)(3) or (E)(7G)(7) 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 “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)(11II(G)(10), a material modification includes, includes but is not limited toto any modification to the settlement payments, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1I(B) and Section II(C), and the opt-out rescission provision in Section II(G)(10)(b).

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(E)(3) or (E)(7E)(8) 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) days of such Triggering Event. For purposes of this Section II(E)(11II(E)(12), a material modification includes, but is not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

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 not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

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(E)(3) or (E)(7) 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 “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)(11II(E)(10), a material modification includes, includes but is not limited toto any modification to the settlement payments, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1II(A) and (B), and the opt-out rescission provision in Section II(E)(10)(b-c).

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) days of such Triggering Event. For purposes of this Section II(E)(11), a material modification includes, but is not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1).

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 is not limited to, any modification to the settlement payment or to the scope of the Released Claims or the settlement payments release pursuant to Section II(A)(1Sections I(18), I(19), I(20), and II(B).

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(F)(2) or (E)(7F)(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) days of such Triggering Event. For purposes of this Section II(E)(11II(F)(11), a material modification includes, but is not limited to, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1II(A)(2).

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(E)(3) or (E)(7) 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 “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)(11II(E)(10), a material modification includes, includes but is not limited toto any modification to the settlement payments, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1II(A) and (B), the opt-out rescission provision in Section II(B), and the scope of the cooperation provisions in Section II(A)(2).

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(E)(3) or (E)(7) 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 “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)(11II(E)(10), a material modification includes, includes but is not limited toto any modification to the settlement payments, the scope of the Released Claims or the settlement payments pursuant to Section II(A)(1II(A) and (B), and the opt-out rescission provision in Section II(E)(10)(b).

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(E)(1) or (E)(7E)(3) 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 Supervalu and Plaintiffs Plaintiff 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)(11II(E)(7), a material modification includes, but is not limited to, the scope of the Released Claims or and the settlement payments payment pursuant to Section II(A)(1II(A).