Final Approval Order Provisions Sample Clauses

Final Approval Order Provisions. Debtors and all other Parties hereto acknowledge and agree, and the Final Approval Order shall provide that (a) funds in SF Escrow 1 Account were, pursuant to the Coverage Order, already earmarked for the purposes of satisfying Defendants’ obligations pursuant to this Agreement; (b) the requirement that the funds in SF Escrow 1 Account be used exclusively for the purposes for which they are agreed to be used pursuant to the Coverage and Claims Settlement Agreement as modified by the Coverage Order (which are consistent with the purposes for which those funds are to be used pursuant to this Agreement) is res judicata in the Debtors’ Bankruptcy Cases; (c) payment of obligations under this Agreement, upon entry of the Final Approval Order, constitutes the permitted use of SF Escrow 1 funds to “fund settlement or a stipulated judgment pursuant to a settlement in the CLWA Case” that meets all of the “Approved CLWA Settlement Parameters” as provided in paragraph IV.F.5.a.(i) of the Coverage and Claims Settlement Agreement as modified by the Coverage Order and as described in Exhibit 16 thereto and such payments pursuant to this Agreement shall constitute, and shall be deemed to be consistent with the requirements for the administration of the SF Escrow 1 funds by AISLIC pursuant to Section IV.F.5.d. of the Coverage and Claims Settlement Agreement as modified by the Coverage Order; (d) any payment or transfers of funds to or for the benefit of Plaintiffs from SF Escrow 1 Account that are consistent with this Agreement are free and clear of all other adverse claims, rights, title, interest, liens or encumbrances of any kind whatsoever that could be asserted against any property or interest of the Debtors; and (e) the Agreement is a complex agreement resolving numerous disputes and pending legal proceedings among numerous parties and that following the Effective Date, it will be practically and legally impossible to unwind this Agreement or restore the parties to their status quo based upon any reversal or modification on appeal or rehearing or other review; (f) upon entry of the Final Approval Order, the Defendants’ payment obligations under this Agreement including any sum awarded pursuant to arbitration hereunder, may be made from the SF Escrow 1 Account; and (g) either i) the terms of the Agreement and Related Settlement are fully consistent with the terms of the SunCal Purchase and Sale Agreement and Joint Escrow Instructions dated July 6, 2006, or ii) that th...
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Related to Final Approval Order Provisions

  • Final Approval Order 62. The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal.

  • Final Approval Order and Judgment 68. Plaintiff’s Motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled date on which the Final Approval Hearing will occur. Plaintiff shall file her Motion for Final Approval of the Settlement, and application for attorneys’ fees, costs, and expenses and for Service Award for the Class Representative, no later than 45 days before the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Motion for Final Approval of the Settlement, and on Class Counsel’s application for attorneys’ fees, costs, and expenses, and for the Service Award for the Class Representative. In the Court’s discretion, the Court also will hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement or to Class Counsel’s application for attorneys’ fees, costs, expenses, or the Service Award application, provided the objector(s) submitted timely objections that meet all of the requirements listed in the Agreement.

  • Final Approval After Acceptance, Engineer shall perform any required modifications, changes, alterations, corrections, redesigns, and additional work necessary to receive Final Approval by the County. "Final Approval" in this sense shall mean formal recognition that the Engineering Services have been fully carried out.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Mini-Bid Transactional Order of Precedence Conflicts of terms and conditions shall be resolved in the order of precedence set forth in section 2.2 Conflict of Terms. Contract Survival The starting date for each Authorized User Agreement will vary but shall not exceed three (3) years in duration. Authorized User Agreements fully executed prior to the expiration of the OGS Centralized Contract shall survive the expiration date of the OGS Centralized Contract, if applicable, based on the term of the Authorized User Agreement.

  • THE COURT’S FINAL APPROVAL HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.

  • MOTION FOR FINAL APPROVAL Not later than 16 court days before the calendared Final Approval Hearing, Plaintiff will file in Court, a motion for final approval of the Settlement that includes a request for approval of the PAGA settlement under Labor Code section 2699, subd. (l), a Proposed Final Approval Order and a proposed Judgment (collectively “Motion for Final Approval”). Plaintiff shall provide drafts of these documents to Defense Counsel not later than seven days prior to filing the Motion for Final Approval. Class Counsel and Defense Counsel will expeditiously meet and confer in person or by telephone, and in good faith, to resolve any disagreements concerning the Motion for Final Approval.

  • Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000, should any Relevant Dispute be allocated in accordance with the ADRR to arbitration under Chapter F of the ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders.

  • Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

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