Approval of the Court. This Agreement is subject to receiving approval by the Court. If the Court does not enter a Preliminary Order or grant Final Approval to this Agreement as written in all material respects, or if the Final Approval is not finally upheld after any appeals or remands therefrom in all material respects, then this Agreement shall be cancelled and terminated, unless counsel for both Parties, within ten (10) days from the receipt of a ruling or written notice of circumstances giving rise to termination, agree in writing to either extend the ten (10) day period or proceed. Any dispute as to whether a failure to approve is material shall be determined by the Xxx. Xxxxx X. Eyler, whose determination shall be final and non-appealable.
Approval of the Court. 7.1.1 The Purchaser acknowledges that this Agreement and the transactions contemplated hereby are subject to the approval of the Court and the terms of the Approval and Vesting Order.
Approval of the Court. The Trustee, as soon as practicable after the execution of this Settlement Agreement, agrees to file with the Court a motion for an Order in a form agreeable to all of the parties to this Settlement Agreement (the "Order of Approval"): (i) approving this Settlement Agreement pursuant to Federal Rule of Bankruptcy Procedure 9019, (ii) that the Plan be deemed amended to reflect that the License Agreement has been assumed as modified by the Amended License Agreement and by the terms of this Settlement Agreement, and (iii) that the rejection of the License Agreement originally proposed in the Plan will be deemed withdrawn.
Approval of the Court. This Agreement is subject to final approval by the Court. In connection with the Plaintiffs’ motion for final approval, the Plaintiffs shall submit the proposed final approval order attached hereto as Exhibit E. If the Court does not approve this Settlement Agreement or enter the Orders requested herein (or materially similar orders), or if the Court enters the judgment provided for herein but either the judgment is materially modified or reversed upon appellate review, then this Settlement Agreement shall be canceled and terminated, unless counsel for both sides, within fourteen (14) days from the receipt of a ruling or written notice of circumstances giving rise to termination, agree in writing to proceed with this Settlement Agreement.
Approval of the Court. This Agreement is conditional on the same being approved by the Court and none of the provisions hereinafter contained shall bind the parties or either of them until such approval is obtained.
Approval of the Court. The Court will have entered orders, none of which will be subject to conditions that are materially burdensome and each of which will have become a Final Order, with respect to the amendments and other orders to be filed with the Court as described in Exhibit I and indicated in Exhibit I as conditions to the obligations of both the Seller and the Purchaser to consummate the Transactions to be completed at the Closing.
Approval of the Court. The Stockholder shall have received the approval of the Commonwealth Court of Pennsylvania (the "COURT") in the matter of Xxxxxxx X. Xxxxxxx, Insurance Commissioner of the Commonwealth of Pennsylvania v. Fidelity Mutual Life Insurance Company, Case No. 1389M.D.-1992 of this Agreement and the transactions contemplated hereby (the "APPROVAL").
Approval of the Court. The Stockholder shall have received the Approval.
Approval of the Court. This Agreement is subject to Final Approval by the Court. At or before the Final Approval hearing conducted after mailing the Notice of Proposed Class Action Settlement, the Parties shall request that the Court grant Final Approval to the Agreement and enter Final Approval in accordance with this Agreement, in a form separately negotiated by the Parties or, in absence of an agreement, determined by the Court, approving this Agreement as final, fair, reasonable, adequate, and binding and dismissing the Action with prejudice. If these conditions do not occur, or if the Court does not enter the Orders requested herein, or if the Court enters the judgment provided for herein but either the judgment is materially modified or reversed on appellate review, then this Agreement shall be canceled and terminated, unless counsel for both Case 8:13-cv-01624-WGC Document 66-3 Filed 03/30/15 Page 25 of 32 sides, within ten (10) days from the receipt of a ruling or written notice of circumstances giving rise to termination, agree in writing to proceed with this Agreement.
Approval of the Court. The Court shall have issued a final written order granting its approval to Xxxxxxxx Xxxxx, as the life estate holder of 30% of the Stock, to transfer the Stock owned by her and to close the transactions contemplated under this Agreement.
