ICC Approval. The terms of this Settlement Agreement and attached Compliance Plan must be approved by the Commission before they are final.
ICC Approval. 3.1. This Agreement, including the prudence and reasonableness of the Final Cost Allocations set forth in section 2 and the indemnities set forth in section 5 below, is subject to and contingent upon approval by the ICC.
ICC Approval. ICC represents and warrants to each of Wayland and Wayland International, acknowledging that Wayland and Wayland International are relying upon such representations and warranties in entering into this Agreement, that the ICC Board has received the ICC Fairness Opinion and, after consultation with its financial advisor and legal counsel, has unanimously determined that the Transactions are in the best interests of ICC and fair to ICC Shareholders (other than Wayland and its affiliates, if applicable).
ICC Approval. If the ICC fails to approve the settlement of all Reconciliation Cases, this Agreement (and all obligations and agreements contained herein) shall be null and void with the exception of those described in Sections III(B), IV and V of this Agreement. The Parties agree that in the event the ICC does not approve the $100 million refund amount or conditions contained in Sections I(C) of this Agreement, the Illinois Attorney General, the City of Chicago and the Peoples Companies are in no way limited or prevented from pursuing the Litigation or the Reconciliation Cases or from participating, reinstating or asserting any legal rights, allegations, defenses, counterclaims, cross claims, appeals or any other right or assertion allowed by law, statute or regulation and that the Litigation and the Reconciliation Cases continue status quo ante.
ICC Approval. (a) Notwithstanding anything in Section A.1 to the contrary, the Company, the Investor Members and Lumpkin shall as soon as practicable after the date hereof, and in no xxxxx xater than January 23, 2004, file all applications and take all such other actions necessary to seek all requisite ICC approval of or consent to the changes in the provisions hereof relating to the management of the Company effective as of TXU Closing Date from those set forth in Section 6.2 hereof to those set forth in Section 6.3 hereof (such approval being referred to as "ICC Approval"); and thereafter the Company, the Investor Members and Lumpkin shall use their respective best efforts to obtain ICC Approval xx xx prior to the TXU Acquisition Closing Date or as soon thereafter as possible (the later of the date the ICC Approval shall be obtained and the TXU Acquisition Closing Date being referred to as the "ICC Approval Date"). The Company, the Investor Members and Lumpkin shall withdraw all such applications and have no further obligxxxxx xnder this Section A.2 upon the termination of the TXU Purchase Agreement prior to the consummation of the TXU Acquisition.
ICC Approval. The Docket 15-0608 Stipulation and Settlement is subject to approval by the ICC, which, as provided herein, is a condition precedent to the terms of this Settlement Agreement. All parties to this Settlement Agreement shall take all necessary and commercially reasonable actions to obtain ICC approval of the Docket 15-0608 Stipulation and Settlement. Nothing in this Settlement Agreement is intended to limit in any way the ICC’s authority to review and determine whether to approve the Docket 15-0608 Stipulation and Settlement. If the ICC fails to approve the Docket 15-0608 Stipulation and Settlement as presented, this Settlement Agreement (and all obligations and agreements contained herein) shall be null and void. To the extent the Commission modifies the Docket 15-0608 Stipulation and Settlement Agreement, Respondents and the Attorney General may affirm this Settlement Agreement.
ICC Approval. This Agreement is contingent upon entry of an Order satisfactory to CONSUMERS in its sole discretion, which approves and authorizes issuance by the Illinois Commerce Commission of a Certificate of Public Convenience and Necessity to serve the area and other related matters, and granting such other accounting and rate relief as CONSUMERS believes in its sole discretion to be required or appropriate to authorize CONSUMERS to adequately operate the System, or provide for cost recovery, and such approvals and authority shall not be subject to any further modification or appeal. As time is of the essence in the performance of this agreement, this agreement is also contingent upon Order, approvals and relief being granted in a timely and expeditious manner by the ICC, including the approval without need of hearings to facilitate the granting of such Order. Specifically this agreement is contingent upon the granting of such Order, approval and relief to Consumers on or before September 19, 2003.
