Effectiveness of Settlement. The Settlement provided for in this Settlement Stipulation and the Defendants’ obligations hereunder shall not become binding unless and until each and every one of the following conditions in Sections 3.2 through 3.8 shall have been satisfied or expressly waived pursuant to Section 15.5.
Effectiveness of Settlement. The terms of this Agreement effectuating the settlement as set forth herein shall be effective upon the satisfaction of each of the following conditions on or prior to August 31, 2003:
a. the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") shall have entered an order pursuant to the Rule 9019 Motion (as defined in Section 7(d) hereof) approving this Agreement and containing all provisions specifically required in this Agreement to be included therein, and such order shall otherwise be consistent in all material respects with this Agreement; and
b. the Commonwealth Court of Pennsylvania (the "Commonwealth Court") shall have entered an order approving this Agreement and containing all provisions specifically required in this Agreement to be included therein, and such order shall otherwise be consistent in all material respects with this Agreement; provided that, in the event such conditions are not so satisfied, this Agreement shall terminate without any obligation or liability of any kind by any party to another party or to RGH or RFSC, except for any breach of any party's obligations under Section 7(b), 7(c), 7(d), 7(f), 7(g) or 7(h) of this Agreement.
Effectiveness of Settlement. Upon the satisfaction by PacifiCare or waiver by the State of the requirements of Paragraphs 2, 3, 4, 6, and 7 above and Paragraph 11 below, the Settlement shall become effective. Upon the effectiveness of the Settlement, the following actions shall be taken:
a. The Parties, including any Intervernors in the Lawsuit who execute the Settlement, if any, agree to enter an "Agreed Final Judgment and Permanent Injunction" in the Lawsuit which shall be limited to a term of one year and shall require PacifiCare to comply with the provisions of Article 20A.18B of the Texas Insurance Code and Section 21.2801 through 21.2820 of the Texas Administrative Code, but only with respect to members enrolled in PacifiCare's commercial HMO plans. Any such injunction shall provide reasonable notice to PacifiCare of an alleged violation(s) and an opportunity for PacifiCare to cure such alleged violation(s) prior to the initiation of any legal proceedings.
b. All other pending litigation between the Parties shall be disposed of through dismissals with prejudice or agreed final judgments, as appropriate, including the following actions: No. GN103374; GN 103351; 98-13971; and GN203219.
c. The Parties and Intervenors in the Lawsuit who execute the Settlement, if any, and each of them hereby RELEASE, ACQUIT, and FOREVER DISCHARGE the Released Parties from all Released Claims. For purposes of this provision, the following terms are defined as set forth below:
Effectiveness of Settlement. Upon the satisfaction by PacifiCare or waiver by the State of the requirements of Section IV, Items 1 through 4, above, the State shall promptly provide PacifiCare with written notice of such satisfaction or waiver. Upon receipt of such notice, PacifiCare shall cause to be completed all of the requirements described in Sections X and XI below relating to payment to the State of the attorneys fees and other additional payments. Once all the requirements of Section IV, Items 1 through 4, above, have been satisfied by PacifiCare or waived by the State, and all of the payments to the State have been made pursuant to Sections X and XI, below, the settlement shall become effective and the releases provided for in Section VIII, below, shall be deemed given and effective with no further action required by any of the Parties.
