Common use of Intervention in any Judicial Instruction Proceeding Clause in Contracts

Intervention in any Judicial Instruction Proceeding. If any Trustee files a judicial instruction proceeding concerning the Settlement, all of the Institutional Investors shall jointly file a motion for leave to intervene (or similar pleading) in such proceeding to evidence their support for the Settlement, Final Court Approval, as defined below, and the Settlement Agreement. Each of the Institutional Investors shall use their reasonable best efforts to prosecute the intervention, to support the Settlement, and to obtain Final Court Approval of the Settlement. The Institutional Investors’ obligation to use reasonable best efforts shall continue until the earliest of: (i) Final Court Approval (or if there are multiple judicial instruction proceedings the date of the last Final Court Approval), (ii) the date on which Final Court Approval in all judicial instruction proceedings has occurred or becomes legally impossible, (iii) the date on which JPMorgan terminates the Settlement Agreement pursuant to Section 2.03, below, or (iv) any material breach by JPMorgan of the Settlement Agreement (which breach is not cured within 90 days of notice of such breach having been provided by a party to this Settlement Agreement).