Common use of Final Judgment and Order of Dismissal Clause in Contracts

Final Judgment and Order of Dismissal. The order of the Court finally approving the settlement set forth in this Agreement, dismissing the Lender Action against Barclays with prejudice, and except as provided for in this Agreement, without costs, meeting the criteria set forth in Paragraph 5(g). The Final Judgment and Order of Dismissal shall become final when (i) no appeal has been filed and the prescribed time for commencing any appeal has expired; or (ii) an appeal has been filed and either (1) the appeal has been dismissed and the prescribed time, if any, for commencing any further appeal has expired, or (2) the order has been affirmed in its entirety and the prescribed time, if any, for commencing any further appeal has expired. It is agreed that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.

Final Judgment and Order of Dismissal. The order of the Court finally approving the settlement set forth in this Agreement, dismissing the Lender Action against Barclays HSBC and HSBC Holdings plc with prejudice, and except as provided for in this Agreement, without costs, meeting the criteria set forth in Paragraph 5(g). The Final Judgment and Order of Dismissal shall become final when when (i) no appeal has been filed and the prescribed time for commencing any appeal has expired; or or (ii) an appeal has been filed and either (1) the appeal has been dismissed and the prescribed time, if any, for commencing any further appeal has expired, or (2) the order has been affirmed in its entirety and the prescribed time, if any, for commencing any further appeal has expired. It is agreed that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.