Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM The “Effective Date” of the Agreement shall be the date when each and all the following conditions have occurred:
a. The Agreement has been signed by Class Representatives, Alltru, Class Counsel, and Defendant’s Counsel; and
b. A Preliminary Approval Order has been entered by the Court as required by Paragraph 8, granting preliminary approval of the Agreement and approving the forms of the Class Mail Notice and Long-Form Notice; and
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. The Court-approved Class Mail Notices have been duly mailed to the Settlement Class as ordered by the Court; and
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The Final Approval Order has been entered by the Court as provided in Paragraph 10.a; and
g. The Final Judgment has been entered by the Court as provided in Paragraph 10.b; and
h. The Final Approval Order and the Final Judgment entered have become final and not subject to appeal because of (i) the expiration of the time for appeals therefrom with no appeal having been taken, or (ii) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment is vacated, modified, or otherwise altered on appeal, any Party, in its sole discretion, may, within 14 business days after such appellate ruling, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a S...
Effectiveness of Settlement Agreement. Upon FERC approval of this Settlement Agreement as set forth in this Section 3.1, the provisions of the Settlement Agreement shall be effective as of March 1, 2024. FERC approval of this Settlement Agreement will occur if (a) FERC accepts or approves this Settlement Agreement without condition or modification by Final Order, or (b) FERC accepts or approves this Settlement Agreement with condition(s) or modification(s) by Final Order, if no Settling Party files notice with FERC within fifteen (15) days of the acceptance or approval of the Settlement Agreement stating that it objects to such condition(s) or modification(s). If any Settling Party files such notice, the Settlement Agreement shall be null and void and of no force or effect, and the Parties shall be deemed to have reserved all of their respective rights and remedies in this proceeding. For purposes of this Settlement Agreement, an order shall be deemed to be a “Final Order” as of the date rehearing is denied by FERC, or if rehearing is not sought, the date on which the right to seek FERC rehearing expires.
Effectiveness of Settlement Agreement. This Settlement Agreement shall be effective after the close of the public comment period in accordance with Paragraph 107, and upon approval by the Bankruptcy Court pursuant to Paragraphs 107 and 108 of this Settlement Agreement and upon the Effective Date of the Debtor’s Plan incorporating this Settlement Agreement.
Effectiveness of Settlement Agreement. This Settlement Agreement shall become effective on the second Business Day following satisfaction of each of the following conditions: (i) each of the Parties shall have executed and delivered signed copies of this Settlement Agreement; (ii) the Dynegy Entity Joinder shall have been executed by each of the parties thereto; and (iii) the Approval Order, in form and substance reasonably acceptable to Dynegy, DH, the Creditors’ Committee, a Majority of the Consenting Senior Noteholders, the Lease Trustee, RCM, and a Majority of the Consenting Sub Debt Holders shall have been entered by the Bankruptcy Court, be in full force and effect and not stayed, reversed, vacated or amended; or on such other date as Dynegy, DH, the Creditors’ Committee, a Majority of the Consenting Senior Noteholders, the Lease Trustee, the Majority of the Consenting Sub Debt Holders and RCM mutually agree, including as a result of any waiver of the foregoing conditions (the “Settlement Effective Date”); provided, that to the extent not already effective on the date of execution of the May 1 Settlement Agreement, Section I., II.c., subsection (iii) of Section II.e., the last sentence of Section II.f., Section II.l, and Section III (other than Section III.c.) of this Settlement Agreement shall become effective immediately upon execution and delivery of this Settlement Agreement by all Parties.
Effectiveness of Settlement Agreement. This Settlement Agreement shall become effective on the second Business Day following satisfaction of each of the following conditions: (i) each of the Parties shall have executed and delivered signed copies of this Settlement Agreement; (ii) the Dynegy Entity Joinder shall have been executed by each of the parties thereto; and (iii) the Approval Order, in form and substance reasonably acceptable to Dynegy, DH, the Creditors’ Committee, a Majority of the Consenting Senior Noteholders, the Lease Trustee and RCM, shall have been entered by the Bankruptcy Court, be in full force and effect and not stayed, reversed, vacated or amended; or on such other date as Dynegy, DH, the Creditors’ Committee, a Majority of the Consenting Senior Noteholders, the Lease Trustee, and RCM mutually agree, including as a result of any waiver of the foregoing conditions (the “Settlement Effective Date”); provided, that Section I., II.c., subsection (iii) of Section II.e., the last sentence of Section II.f., and Section III (other than Section III.c.) of this Settlement Agreement shall become effective immediately upon execution and delivery of this Settlement Agreement by all Parties.
Effectiveness of Settlement Agreement. The “Effective Date” of the Agreement shall be the date when each and all of the following conditions have occurred:
a. A Final Approval Order has been entered by the Court.
b. A Final Judgment has been entered by the Court.
c. The Final Approval Order and the Final Judgment entered have become final for purposes of appeal because of (i) the expiration of the time for appeals therefrom with no appeal having been taken or, (ii) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
d. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment is vacated, modified, or otherwise altered on appeal, any Party may, within seven (7) business days after such appellate ruling, declare that the Agreement has failed to become effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 12.
e. Once all obligations of SMCU and/or its insurer have been completed as required by the Agreement, Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after SMCU has filed an affidavit of compliance with the Court affirming all obligations of SMCU and/or its insurer have been completed as required by the Agreement.
Effectiveness of Settlement Agreement. For purposes of this settlement only, and provided that Final Settlement Approval occurs, the Settling Parties agree to the certification of a provisional Settlement Class. In the event that this Settlement Agreement is not finally approved by the Court, or the settlement is terminated for any reason, then this Settlement Agreement shall be void and the Settling Parties reserve all of their respective rights, positions and arguments on, among other points, the issue of whether a class should be certified in the Litigation, whether dispositive motions should be granted and attorneys’ fees awarded, and all claims, issues, defenses, filed complaints, and causes of action, are preserved and restored, without prejudice, as if this Settlement Agreement had never been executed, and the Settling Parties remain free to pursue the lawsuit that was pending prior to this Settlement Agreement subject to all available defenses. In the event the settlement is terminated, this Settlement Agreement shall neither be admissible nor be utilized as evidence regarding class certification or otherwise in further proceedings in the Litigation.
Effectiveness of Settlement Agreement. This Settlement Agreement and the provisions hereof shall become effective when accepted or approved by the Commission without modification or condition through a Final Order. For purposes of this Settlement Agreement, an order shall be deemed to be a “Final Order” as of the date rehearing is denied by the Commission, or if rehearing is not sought, as of the date on which the right to seek Commission rehearing expires.
Effectiveness of Settlement Agreement. Upon Commission Approval of this Settlement Agreement as set forth in this Section 3.1, the provisions of the Settlement Agreement shall be effective. Commission Approval of this Settlement Agreement will occur if (a) the Commission accepts or approves this Settlement Agreement without condition or modification by Final Order, or (b) the Commission accepts or approves this Settlement Agreement with condition(s) or modification(s) by Final Order, if no Settling Party files notice with the Commission within fifteen (15) days of the acceptance or approval of the Settlement Agreement stating that it objects to such condition(s) or modification(s). If any Settling Party files such notice, the Settlement Agreement shall be null and void and of no force or effect, and the Settling Parties shall be deemed to have reserved all of their respective rights and remedies in this proceeding. For purposes of this Settlement Agreement, an order shall be deemed to be a “Final Order” as of the date rehearing is denied by the Commission, or if rehearing is not sought, the date on which the right to seek Commission rehearing expires. There will be a moratorium on the items in the Settlement that will remain in effect for a period of three (3) years from the Settlement Effective Date with the understanding that the Settlement does not bar a Party from raising issues as to an XXX adder, Cash Working Capital, or as to challenges to Annual Updates, including whether they comply with the Settlement.
Effectiveness of Settlement Agreement. Upon Commission approval of this Settlement Agreement as set forth in this Section 3.1, the provisions of the Settlement Agreement shall be effective as of June 1, 2020. Commission approval of this Settlement Agreement will occur if (a) the Commission accepts or approves this Settlement Agreement without condition or modification by Final Order, or (b) the Commission accepts or approves this Settlement Agreement with condition(s) or modification(s) by Final Order, if no Party files notice with the Commission within fifteen (15) days of the acceptance or approval of the Settlement Agreement stating that it objects to such condition(s) or modification(s). If any Party files such notice, the Settlement Agreement shall be null and void and of no force or effect, and the Parties shall be deemed to have reserved all of their respective rights and remedies in this proceeding. For purposes of this Settlement Agreement, an order shall be deemed to be a “Final Order” as of the date rehearing is denied by the Commission, or if rehearing is not sought, the date on which the right to seek Commission rehearing expires.
