Final Settlement Date Clause Samples

Final Settlement Date. Ten (10) business days after the satisfaction of the last condition set forth in ¶ 1 of this Agreement (or ten (10) business days after the Bank’s election to proceed under ¶ 2.a.ii. if conditions set forth in ¶ 1.c. and/or 1.d. are not satisfied), or April 30, 2009, whichever is earlier.

Final Settlement Date. The “Final Settlement Date” shall be the thirty-first (31st) day after the Court enters a final and appealable order and/or judgment approving this Agreement that is without material change to this Agreement or the Proposed Final Approval Order (defined below) (the “Final Approval Order”), but only if there is no appeal taken from the Final Approval Order. If an appeal is taken from the Final Approval Order, the Final Settlement Date shall be the date on which a reviewing court affirms the Final Approval Order, dismisses the appeal, or denies review and (i) all avenues of appeal and/or rehearing have been exhausted, or (ii) the time for seeking further appeals and/or a petition for rehearing has expired. If an appeal is taken from the Final Approval Order, then within fourteen (14) days of the filing of any such appeal the Settlement Administrator shall deposit the Net Settlement Fund into a separate, interest-bearing account, which account must be reasonably acceptable to Settlement Class Counsel. If the Final Settlement Date occurs, the interest earned on this account shall serve to increase the Net Settlement Fund and, thus, individual Settlement Class Member Payments. If the Settlement is deemed or declared invalid or void ab initio for any reason, then the interest earned on this account shall be included in the refund to the ▇▇▇▇▇ Fargo Defendants in accordance with Paragraph 12.

Final Settlement Date. The business day immediately following the conclusion of the ten (10) business day period set forth in section 2.9(a)(ii) hereof shall be called the "Final Settlement Date." On the Final Settlement Date the following settlements shall be made: (i) in the event that the Estimated Amount exceeds the Actual Amount, Purchaser shall refund to Seller, by wire transfer and to such account as may be specified by Seller, an amount equal to (x) the difference obtained by subtracting the Actual Amount from the Estimated Amount plus (y) the interest on such difference for the number of days from and including the Closing Date to but excluding the Final Settlement Date (the "Interest Period") at the Federal Funds Rate; (ii) in the event that the Actual Amount exceeds the Estimated Amount, Seller shall pay to Purchaser, by wire transfer and to such account as may be specified by Purchaser, an amount equal to (x) the difference obtained by subtracting Seller's calculation of the Payment Amount from Purchaser's calculation of the Payment Amount plus (y) the interest on such difference for the Interest Period at the Federal Funds Rate.

Final Settlement Date. If POS-Minerals delivers such a written report to Nevada Moly by the expiration of the Objection Period, one or more representations of POS-Minerals and the GMO Parties shall promptly meet in good faith to attempt to resolve whether any changes or adjustments proposed by POS-Minerals in such written report shall be made, and resolve any other objections POS-Minerals has to the GMO Parties’ calculation of any item required to be contained in the Post-Closing Statement. If such representatives of POS-Minerals and the GMO Parties do not resolve whether any such changes or adjustments should be made or such other objections, as applicable, within sixty (60) days after the receipt by POS-Minerals of the proposed Post-Closing Statement, a dispute shall be deemed to exist and shall be resolved in accordance with Section 6.3. The date upon which all such changes, adjustments and objections are resolved and memorialized in a writing signed by POS-Minerals and the GMO Parties or upon which the amounts in the Post-Closing Statement are established pursuant to the last sentence of Section 2.4(b) or Section 6.3 is referred to herein as the “Final Settlement Date.”

Final Settlement Date. The “Final Settlement Date” shall be the thirty-first (31st) day after the Court enters a final and appealable order and/or judgment approving this Agreement that is without material change to this Agreement or the Proposed Final Approval Order (defined below in Paragraph 21) (the “Final Approval Order”), but only if there is no appeal taken from the Final Approval Order. If an appeal is taken from the Final Approval Order, the Final Settlement Date shall be the date on which a reviewing court affirms the Final Approval Order, dismisses the appeal, or denies review and (i) all avenues of appeal and/or rehearing have been exhausted, or (ii) the time for seeking further appeals and/or a petition for rehearing has expired. If an appeal is taken from the Final Approval Order, then within fourteen

Final Settlement Date. Not later than three (3) Business Days after the Final Settlement Date, Buyer shall pay Seller, or Seller shall pay Buyer, in accordance with Section 2.02(c), as follows: (i) if the Working Capital Adjustment is a positive number, the Buyer shall pay Seller an amount equal to the Working Capital Adjustment, plus interest on such amount at the Interest Rate calculated from, but not including, the Closing Date until, and including, the date on which such amount is paid. (ii) if the Working Capital Adjustment is a negative number, then Seller shall pay Buyer an amount equal the Working Capital Adjustment, plus interest on such amount at the Interest Rate calculated from, but not including, the Closing Date until, and including, the date on which such amount is paid. (iii) if the Working Capital Adjustment is equal to zero (0), no payment by Seller or Buyer shall be made pursuant to this Section 2.02(b).

Final Settlement Date. As used herein, the term “Final Settlement Date” means once the Final Order and Judgment become “final.” For the purposes of this section, “final” means after [i] thirty-one (31) calendar days after the entry of the Final Order and Judgment, if no timely motions for reconsideration and/or no appeals or other efforts to obtain review have been filed; or [ii] in the event that an appeal or other effort to obtain review has been initiated, the date after any and all such appeals or other review(s) have been finally concluded in favor of the Final Order and Judgment, any mandates have been returned to the Court, and the Final Order and Judgment is no longer subject to review, whether by appeal, petitions for rehearing, petitions for rehearing en banc, petitions for certiorari, or otherwise. In this regard, it is the intention of the parties that the Settlement shall not become effective until the Court’s order approving the Settlement is completely final, and there is no further recourse by an appellant or objector who seeks to contest the Settlement.

Final Settlement Date. Section 10.05(a) Final Statement .............................................. Section 10.05(b)

Final Settlement Date. Ten (10) business days after the satisfaction of the last condition set forth in ¶ 1 of this Agreement (or ten (10) business days after the Bank’s election to proceed under ¶ 2.a.ii. if conditions set forth in ¶ 1.c. and/or 1.d. are not satisfied), or January 20, 2009, whichever is later. ▇▇▇▇▇▇▇ - ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, et al. v. Macatawa Bank Corp., et al. v. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, et al., ▇▇▇▇ ▇▇. ▇:▇▇-▇▇-▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of Michigan.