Finality of Settlement. This Settlement Agreement shall become final upon the occurrence of all of the following (the “Effective Date”): a. neither Pfizer nor Plaintiffs have availed themselves of their respective rights to cancel and terminate the Settlement pursuant to paragraphs 16 or 17 hereof; b. the Settlement Agreement is approved by the District Court as required by Rule 23(e) of the Federal Rules of Civil Procedure; c. entry, as provided for in paragraph 3 hereof, is made of the Final Judgment and Order of dismissal with prejudice against the Plaintiffs and the Class; and d. the time for appeal from the District Court’s approval of this Settlement as described in subparagraph 4(b) hereof and entry of the Final Judgment and Order as described in subparagraph 4(c) hereof has expired or, if appealed, either such appeal shall have been dismissed prior to resolution by the court or approval of this Settlement and the Final Judgment and Order has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance has become no longer subject to further appeal or review.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Finality of Settlement. This Settlement Agreement shall become final upon the occurrence of all of the following (the “Effective Date”):
a. neither Pfizer nor Plaintiffs have availed themselves of their respective rights to cancel and terminate the (a) The Settlement is not terminated pursuant to paragraphs 16 Paragraphs 14(b) or 17 hereof15 below;
b. the (b) The Settlement and this Settlement Agreement is are approved by the District Court as required by Rule 23(e) of the Federal Rules of Civil Procedure;
c. entry, as provided for in paragraph 3 hereof, is made of (c) The Court enters the Final Judgment and Order Approval Order, entering a final judgment of dismissal with prejudice against the Plaintiffs and the Classmembers of the Direct Purchaser Class who have not timely excluded themselves from the Direct Purchaser Class Action (“Class Members”) as to Defendants; and
d. the (d) The time for appeal from the District Court’s approval of this Settlement as described in subparagraph 4(b) hereof and entry signing of the Final Judgment and Approval Order as described in subparagraph 4(c) hereof has expired or, if the Final Approval Order is appealed, either such appeal shall have it has been dismissed prior to resolution resolved by agreement and withdrawn by the court appealing party, or approval of this Settlement and the Final Judgment and Order if it has been affirmed in its entirety by the court of last resort to which an appeal of such appeal has been taken and such affirmance has become no longer subject to further appeal or reviewFinal Approval Order may be taken.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Finality of Settlement. This Settlement Agreement shall become final upon the occurrence of all of the following (the “Effective Date”):
a. neither Pfizer nor End-Payor Plaintiffs have availed themselves of their respective rights to cancel and terminate the Settlement pursuant to paragraphs 16 under Paragraphs 15 or 17 hereof;
b. the Settlement Agreement is approved by the District Court as required by Rule 23(e) of the Federal Rules of Civil Procedure;
c. entry, as provided for in paragraph 3 hereofParagraph 5 herein, is made of the Final Judgment and Order of dismissal with prejudice against the Plaintiffs and the ClassOrder; and
d. the time for appeal from the District Court’s approval of this Settlement as described in subparagraph 4(b6(b) hereof and entry of the Final Judgment and Order as described in subparagraph 4(c6(c) hereof has expired or, if appealed, either such appeal shall have has been dismissed prior to before resolution by the appellate court or approval of this Settlement and the Final Judgment and Order has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance has become no longer subject to further appeal or review.
Appears in 1 contract
Samples: Settlement Agreement
Finality of Settlement. This Settlement Agreement shall become final upon the occurrence of all of the following (the “Effective Date”):
a. neither Pfizer Allergan nor Plaintiffs have availed themselves of their respective rights to cancel and terminate the Settlement settlement pursuant to paragraphs 16 or 17 paragraph 14 hereof;
b. the Settlement Agreement is approved by the District Court as required by Rule 23(e) of the Federal Rules of Civil Procedure;
c. entry, as provided for in paragraph 3 hereof, is made of the Final Judgment and Order of dismissal with prejudice against the Plaintiffs and the Class; and
d. the time for appeal from the District Court’s approval of this Settlement as described in subparagraph 4(b) hereof and entry of the Final Judgment and Order as described in subparagraph 4(c) hereof has expired or, if appealed, either such appeal shall have been dismissed prior to resolution by the court Court or approval of this Settlement and the Final Judgment and Order has been affirmed in its entirety by the court Court of last resort to which such appeal has been taken and such affirmance has become no longer subject to further appeal or review.
Appears in 1 contract
Samples: Class Action Settlement Agreement