Common use of EFFECTIVE DATE OF SETTLEMENT Clause in Contracts

EFFECTIVE DATE OF SETTLEMENT. 4.1. The Effective Date of Settlement shall be the date when all of the following events shall have occurred and shall be conditioned on the occurrence of all of the following events: (i) the payment by Barclays to the Settlement Fund has been made pursuant to this Agreement; (ii) entry of the Preliminary Approval Order; (iii) final approval by the Court of the settlement set forth in this Agreement, following Class Notice and the Fairness Hearing; (iv) no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below; and (v) entry by the Court of a Judgment, and the Judgment becomes Final, or, in the event that the Court enters an Alternative Judgment and neither Bondholder Plaintiffs nor Barclays elects to terminate this Agreement, and such Alternative Judgment becomes Final. 4.2. Notwithstanding any other provision herein, any proceeding or order, or motion for reconsideration, appeal, or petition for a writ of certiorari or its equivalent, pertaining solely to any Distribution Plan and/or Fee and Expense Application, shall not in any way delay or preclude the Effective Date. 4.3. The terms and covenants of this Agreement shall survive entry and finality of the Judgment or Alternative Judgment.

Appears in 1 contract

Sources: Settlement Agreement

EFFECTIVE DATE OF SETTLEMENT. 4.1. The Effective Date of Settlement shall be the date when all of the following events shall have occurred and shall be conditioned on the occurrence of all of the following events: : (i) the payment by Barclays MUFG to the Settlement Fund has been made pursuant to of the amount required by this Agreement; (ii) entry of the Preliminary Approval Order; (iii) final approval by the Court of the settlement set forth in this AgreementSettlement, following Class Notice and the Fairness Hearing; and (iv) no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below; and (v) entry by the Court of a Judgment, and the Judgment becomes Final, or, in the event that the Court enters an Alternative Judgment and neither Bondholder Bond- holder Plaintiffs nor Barclays MUFG elects to terminate this Agreement, and such Alternative Judgment becomes Final, provided that no Party has exercised his, her, or its rights to terminate this Agree- ment pursuant to paragraph 10 below. 4.2. Notwithstanding any other provision herein, any proceeding or order, or motion for reconsideration, appeal, or petition for a writ of certiorari or its equivalent, pertaining solely to any Distribution Plan and/or Fee and Expense Application, shall not in any way delay or preclude the Effective Date. 4.3. The terms and covenants of this Agreement shall survive entry and finality of the Judgment or Alternative Judgment.

Appears in 1 contract

Sources: Settlement Agreement

EFFECTIVE DATE OF SETTLEMENT. 4.1. The Effective Date of Settlement shall be the date when all of the following events shall have occurred and shall be conditioned on the occurrence of all of the following events: (i) the payment by Barclays RBS to the Settlement Fund has been made pursuant to of the amount required by this Agreement; (ii) entry of the Preliminary Approval Order; (iii) final approval by the Court of the settlement set forth in this AgreementSettlement, following Class Notice and the Fairness Hearing; and (iv) no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below; and (v) entry by the Court of a Judgment, and the Judgment becomes Final, or, in the event that the Court enters an Alternative Judgment and neither Bondholder Bond- holder Plaintiffs nor Barclays RBS elects to terminate this Agreement, and such Alternative Judgment becomes be- comes Final, provided that no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below. 4.2. Notwithstanding any other provision herein, any proceeding or order, or motion for reconsideration, appeal, or petition for a writ of certiorari or its equivalent, pertaining solely to any Distribution Plan and/or Fee and Expense Application, shall not in any way delay or preclude the Effective Date. 4.3. The terms and covenants of this Agreement shall survive entry and finality of the Judgment or Alternative Judgment.

Appears in 1 contract

Sources: Settlement Agreement

EFFECTIVE DATE OF SETTLEMENT. 4.1. The Effective Date of Settlement shall be the date when all of the following events shall have occurred and shall be conditioned on the occurrence of all of the following events: : (i) the payment by Barclays Citi to the Settlement Fund has been made pursuant to this Agreement; ; (ii) entry of the Preliminary Approval Order; ; (iii) final approval by the Court of the settlement set forth in this AgreementSettlement, following Class Notice and the Fairness Hearing; ; (iv) no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below10; and and (v) entry by the Court of a Judgment, and the Judgment becomes Final, or, in the event that the Court enters an Alternative Judgment and neither Bondholder Plaintiffs nor Barclays Citi elects to terminate this Agreement, and such Alternative Judgment becomes Final. 4.2. Notwithstanding any other provision herein, any proceeding or order, or motion for reconsideration, appeal, or petition for a writ of certiorari or its equivalent, pertaining solely to any Distribution Plan and/or Fee and Expense Application, shall not in any way delay or preclude the Effective Date. 4.3. The terms and covenants of this Agreement shall survive entry and finality of the Judgment or Alternative Judgment.

Appears in 1 contract

Sources: Settlement Agreement

EFFECTIVE DATE OF SETTLEMENT. 4.1. The Effective Date of Settlement shall be the date when all of the following events shall have occurred and shall be conditioned on the occurrence of all of the following events: (i) the payment by Barclays Credit Suisse to the Settlement Fund has been made pursuant to of the amount required by this Agreement; (ii) entry of the Preliminary Approval Order; (iii) final approval by the Court of the settlement set forth in this AgreementSettlement, following fol- lowing Class Notice and the Fairness Hearing; and (iv) no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below; and (v) entry by the Court of a Judgment, and the Judgment becomes Final, or, in the event that the Court enters an Alternative Judgment and neither Bondholder Plaintiffs nor Barclays Credit Suisse elects to terminate this Agreement, and such Alternative Judgment becomes Final, provided that no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below. 4.2. Notwithstanding any other provision herein, any proceeding or order, or motion for reconsideration, appeal, or petition for a writ of certiorari or its equivalent, pertaining solely to any Distribution Plan and/or Fee and Expense Application, shall not in any way delay or preclude the Effective Date. 4.3. The terms and covenants of this Agreement shall survive entry and finality of the Judgment or Alternative Judgment.

Appears in 1 contract

Sources: Settlement Agreement

EFFECTIVE DATE OF SETTLEMENT. 4.1. The Effective Date of Settlement shall be the date when all of the following events shall have occurred and shall be conditioned on the occurrence of all of the following events: (i) the payment by Barclays Norinchukin to the Settlement Fund has been made pursuant to of the amount required by this Agreement; (ii) entry of the Preliminary Approval Order; (iii) final approval by the Court of the settlement set forth in this AgreementSettlement, following fol- lowing Class Notice and the Fairness Hearing; and (iv) no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below; and (v) entry by the Court of a Judgment, and the Judgment becomes Final, or, in the event that the Court enters an Alternative Judgment and neither Bondholder Plaintiffs nor Barclays Norinchukin elects to terminate this Agreement, and such Alternative Judgment becomes Final, provided that no Party has exercised his, her, or its rights to terminate this Agreement pursuant to paragraph 10 below. 4.2. Notwithstanding any other provision herein, any proceeding or order, or motion for reconsideration, appeal, or petition for a writ of certiorari or its equivalent, pertaining solely to any Distribution Plan and/or Fee and Expense Application, shall not in any way delay or preclude the Effective Date. 4.3. The terms and covenants of this Agreement shall survive entry and finality of the Judgment or Alternative Judgment.

Appears in 1 contract

Sources: Settlement Agreement