Effective Final Settlement Date. “Effective Date” and “Final” mean (1) in the event that the Settlement has received Final Approval by the Court and there were no timely objections filed, then the date of entry of the final approval order and final judgment; or, (2) in the event that one or more timely objections has/have been filed and not withdrawn and a motion to intervene and/or motion to vacate judgment has been filed, then upon the passage of the applicable date for an objector to seek appellate review of the Court’s order of final approval of the Settlement, without a timely appeal having been filed; or, (3) in the event that a timely appeal of the Court’s order of final approval has been filed, then the Settlement Agreement shall be final when the applicable appellate court has rendered a final decision or opinion affirming the Court’s final approval without material modification, and the applicable date for seeking further appellate review has passed.
Appears in 1 contract
Sources: Settlement Agreement
Effective Final Settlement Date. “Effective Date” Effective Date and “Final” Final mean (1) in the event that the Settlement has received Final Approval by the Court and there were no timely objections filed, then the date of entry of the final approval order and final judgment; or, (2) in the event that one or more timely objections has/have been filed and not withdrawn and a motion to intervene and/or motion to vacate judgment has been filed, then upon the passage of the applicable date for an objector to seek appellate review of the Court’s Courts order of final approval of the Settlement, without a timely appeal having been filed; or, (3) in the event that a timely appeal of the Court’s Courts order of final approval has been filed, then the Settlement Agreement shall be final when the applicable appellate court has rendered a final decision or opinion affirming the Court’s Courts final approval without material modification, and the applicable date for seeking further appellate review has passed.
Appears in 1 contract
Sources: Joint Stipulation of Settlement and Release of Claims