Settlement Conditioned Upon Approval. In addition to the provisions hereof, this Settlement Agreement shall be subject to the ordinary and customary judicial approval procedures under Fed. R. Civ. P. 23. If the Settlement is not finally approved, certification of the Settlement Class will be void, no doctrine of waiver, estoppel, or preclusion shall be asserted in any litigated class certification proceedings in the Action or any other action relating to the subject matter of this Settlement, and this Agreement and its existence shall be inadmissible to establish any fact relevant to class certification or any alleged liability of Bank of America for the matters alleged in the Action or for any other purpose. In the event that the Settlement is not approved as presented, or Bank of America terminates the Settlement as permitted herein, the Parties agree that neither the terms of this Agreement, the definition of the Settlement Class herein, the Parties’ settlement negotiations, nor any publicly disseminated information regarding the Settlement, including, without limitation, the Class Notice, court filings, orders, or public statements, may be used as evidence for any purpose whatsoever. In addition, neither the fact of, nor any documents relating to, Bank of America’s termination of the Settlement, any failure of the Court to approve the Settlement, or any objections or interventions may be used as evidence for any purpose whatsoever. 123. No Admissions. Bank of America expressly disclaims and denies any wrongdoing or liability whatsoever. This Settlement, and any and all negotiations, statements, documents, and/or proceedings in connection with this Settlement, shall not be construed or deemed to be evidence of an admission or concession by Bank of America of any liability or wrongdoing by Bank of America or any of its affiliates, agents, representatives, vendors, or any other person or entity acting on its behalf with respect to the assessment of overdraft fees or that the case was properly brought as a class action, and shall not be construed or deemed to be evidence of an admission or concession that any person suffered compensable harm or is entitled to any relief with respect to Bank of America’s assessment of overdraft fees. Bank of America may file this Agreement in any action or proceeding that may be brought against it in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or ...
Settlement Conditioned Upon Approval. The Settlement is conditioned upon entry of the Preliminary Approval Order and Final Approval Order without material modification by the Court.
Settlement Conditioned Upon Approval. The Debt Collection Settlement is conditioned upon entry of the Preliminary Approval Order and Final Approval Order without material modification by the Court. In the event of failure to obtain any of the required provisions of such orders, including, but not limited to, the denial of any motion seeking preliminary or final approval, the Parties will return, without prejudice, to the status quo ante as if no Debt Collection Settlement had been negotiated or entered into and this Agreement, the Debt Collection Settlement and their existence shall be inadmissible to establish any fact relevant to any alleged liability of the Released Parties for the matters alleged in the Action or for any other purpose.
Settlement Conditioned Upon Approval. In addition to the provisions hereof, this Settlement Agreement shall be subject to the ordinary and customary judicial approval procedures. If the Settlement is not finally approved, certification of the Settlement Classes will be void, no doctrine of waiver, estoppel, or preclusion shall be asserted in any litigated class certification proceedings in the Action or any other action relating to the subject matter of this Settlement, and this Settlement Agreement and its existence shall be inadmissible to establish any fact relevant to class certification or any alleged liability of Bangor for the matters alleged in the Action or for any other purpose. In the event that the Settlement is not approved as presented, or Bangor terminates the Settlement as permitted herein, the Parties agree that neither the terms of this Settlement Agreement, the Parties’ settlement negotiations, nor any publicly disseminated information regarding the Settlement, including, without limitation, the Class Notice, court filings, orders, or public statements, may be used as evidence for any purpose whatsoever. In addition, neither the fact of, nor any documents relating to, Bangor’s termination of the Settlement, any failure of the Court to approve the Settlement, or any objections or interventions may be used as evidence for any purpose whatsoever.
Settlement Conditioned Upon Approval. The Settlement is conditioned upon entry of the Preliminary Approval Order and Final Approval Order without material modification by the Court. In the event of failure to obtain any of the required provisions of such orders, including, but not limited to, the denial of any motion seeking preliminary or final approval, either Party may terminate the Settlement by notifying the opposing party in writing within 30 calendar days of such failure to obtain approval. In the event of a termination under this section, the Parties will then return, without prejudice, to the status quo ante as if no Settlement had been negotiated or entered into.
Settlement Conditioned Upon Approval. The GEICO COMPANIES and Plaintiffs shall each have the right to terminate the Settlement by providing written notice of their election to do so to the other within thirty (30) days of: (a) the Court’s declining to enter the Preliminary Approval Order in the form attached in any respect; (b) the Court’s refusal to approve this Settlement or any part of it; (c) the Court’s declining to enter the Final Approval Order in the form attached in any respect; (d) any appellate Court in this Action entering an order which invalidates or disapproves the Settlement, in whole or in part, or which alters any term of this Agreement without the Party’s written consent; or if (e) the Effective Date does not occur.
Settlement Conditioned Upon Approval. The Settlement reflected by this Agreement is expressly conditioned on obtaining the Preliminary Approval Order and Final Approval Order without material modification by the Court. In the event of failure to obtain any of the required provisions of such orders, including, without limitation, the denial of any motion seeking preliminary or final approval, this Agreement, except for Sections IV.B, VII.D, and this paragraph, will become null and void and all Parties will return, without prejudice, to the status quo ante as of the date of this Agreement as if this Agreement had not been entered into. In such event, certification of the Settlement Class will be void; no doctrine of waiver, estoppel, or preclusion shall be asserted in any litigated certification proceedings in the Action; and this Agreement and its existence shall be inadmissible to establish any fact relevant to class DMWEST #36779678 v3 17 certification or any alleged liability of Heartland for the matters alleged in the Action or for any other purpose. In the event this Agreement shall terminate, be canceled, or not become effective for any reason, within seven (7) Days after written notification of such event is sent by counsel for Heartland or Class Counsel to the Settlement Administrator, the Settlement Administrator shall refund to Heartland the balance of the Settlement Amount. If the Effective Date does not occur, or if this Agreement is terminated pursuant to its terms, neither the Settlement Class Representative nor Class Counsel shall have any obligation to repay any amounts actually and properly disbursed to pay for costs of Class Notice or administration of the Settlement. In addition, any expenses already incurred and properly charged to the Settlement Amount at the time of such termination or cancellation, but which have not been paid, shall be paid by the Settlement Administrator in accordance with the terms of this Agreement prior to the balance being refunded in accordance with this paragraph.
Settlement Conditioned Upon Approval. The Settlement is conditioned upon entry of the Preliminary Approval Order and Final Approval Order without material modification by the Court. In the event of failure to obtain any of the required provisions of such orders, including, but not limited to, the denial of any motion seeking preliminary or final approval, the Parties will return, without prejudice, to the status quo ante as if no Settlement had been negotiated or entered into the Settlement and their existence shall be inadmissible to establish any fact relevant to any alleged liability of the Released Parties for the matters alleged in the Actions, to the propriety or impropriety of class certification, to the amount of damages (or to the lack thereof) or for any other purpose.
Settlement Conditioned Upon Approval. The Settlement is expressly conditioned on obtaining the Preliminary Approval Order and Final Approval Order certifying a national class on all causes of action set forth in the Amended Complaint without material modification by the Court. In the event of failure to obtain any of the required provisions of such orders, including, without limitation, the denial of any motion seeking preliminary or final approval, any Party shall have the right to terminate this Agreement upon written notice to the other side, at which point, the Agreement will become null and void and all parties will return, without prejudice, to the status quo ante as of the date of this Agreement as if this Agreement had not been entered into. In such event, certification of the Settlement Class will be void, no doctrine of waiver, estoppel, or preclusion shall be asserted in any litigated certification proceedings in the Action or any other action relating to the subject matter of this Settlement, and this Agreement and its existence shall be inadmissible to establish any fact relevant to class certification or any alleged liability of Quicktrim Parties for the matters alleged in the Action or for any other purpose. If the Effective Date does not occur, or if the Agreement is terminated pursuant to its terms, neither Plaintiff nor Class Counsel shall have any obligation to repay any amounts actually and properly disbursed to pay for costs of Class Notice or administration of the Settlement.
Settlement Conditioned Upon Approval. The Settlement is conditioned upon entry of the Preliminary Approval Order and Final Approval Order without material modification by the Court. In the event of failure to obtain any of the required provisions of such orders, including, but not limited to, the denial of any motion seeking preliminary or final approval, the Parties will return, without prejudice, to the status quo ante as if no Settlement had been negotiated or entered into and this Agreement, the Settlement and their existence shall be inadmissible to establish any fact relevant to any alleged liability of the Released Parties for the matters alleged in the Actions or for any other purpose. Lexington denies all claims, liability, damages, losses, penalties, interest, fees, restitution, and all other forms of relief that were or could have been sought in the Actions, as well as all class action allegations asserted in the Actions. Lexington has agreed to resolve the Actions through this Agreement, but if this Agreement is deemed void or Final Approval does not occur, Lexington does not waive, but rather expressly reserves, all rights to challenge all such claims and allegations in the Actions on all procedural, evidentiary, and factual grounds, including, without limitation, the ability to challenge on any grounds whether any class can be certified and to assert any and all defenses or privileges. The Class Representatives and Class Counsel agree that Lexington retains and reserves all of these rights and agree not to take a position to the contrary.
