Common use of Judicial Instruction Extension Clause in Contracts

Judicial Instruction Extension. Prior to the Acceptance Date, each Trustee shall provide written notice to the Institutional Investors and JPMorgan accepting or rejecting the Settlement. If a Trustee accepts the Settlement by executing the applicable signature page attached hereto and delivering an original or copy thereof to the Institutional Investors with a copy to JPMorgan on behalf of one or more Trusts for which it acts as Trustee (“Trustee’s Acceptance”), it may do so subject to Final Court Approval, which shall be sought promptly through a judicial instruction proceeding in a jurisdiction acceptable to such Trustee (the period from such Trustee’s Acceptance through the earlier of Final Court Approval or the date Final Court Approval becomes legally impossible, a “Judicial Instruction Extension”). Notice of the Settlement and such judicial instruction proceeding shall be provided to the applicable Investors in a form and by a method acceptable to such Trustee and approved by the court overseeing the judicial instruction proceeding (the “Settlement Court”), and such Investors shall be given an opportunity to object and to make their position known to the Settlement Court if and to the extent allowed by the Settlement Court. Upon a Trustee’s Acceptance, this Settlement Agreement, including its tolling and forbearance provisions, shall continue in effect for such Trustee and the associated Settlement Trusts, until such time as: (i) the Settlement Court has issued a final and non-appealable judgment (including the expiration of any time to apply for discretionary review) (A) granting such Trustee a judicial instruction that its acceptance of this Settlement Agreement was a reasonable and good faith exercise of such Accepting Trustee’s authority under the applicable Governing Agreements, and barring Investors from asserting claims against such Trustee with respect to such Trustee’s evaluation and acceptance of this Settlement Agreement and implementation of this Settlement Agreement in accordance with its terms, or (B) issuing such other judicial instruction regarding such Trustee’s entry into the Settlement as the Trustee may deem appropriate (the “Final Court Approval”), or (ii) the date on which Final Court Approval in all judicial instruction proceedings becomes legally impossible (whether by denial of Final Court Approval with no further possibility of appeal or other proceedings that could result in Final Court Approval or otherwise). If any Accepting Trustee elects to condition its acceptance on Final Court Approval, (1) each Accepting Trustee that similarly conditions its acceptances on Final Court Approval shall use its best commercially reasonable efforts to coordinate such judicial instruction proceeding with the judicial instruction proceedings initiated by the other Accepting Trustees, and

Judicial Instruction Extension. Prior to the Acceptance Date, each Trustee shall provide written notice to the Institutional Investors and JPMorgan accepting or rejecting the Settlement. If a Trustee accepts the Settlement by executing the applicable signature page attached hereto and delivering an original or copy thereof to the Institutional Investors with a copy to JPMorgan on behalf of one or more Trusts for which it acts as Trustee (“Trustee’s Acceptance”), it may do so subject to Final Court Approval, which shall be sought promptly through a judicial instruction proceeding in a jurisdiction acceptable to such Trustee (the period from such Trustee’s Acceptance through the earlier of Final Court Approval or the date Final Court Approval becomes legally impossible, a “Judicial Instruction Extension”). Notice of the Settlement and such judicial instruction proceeding shall be provided provided, to the applicable extent reasonably practicable, to the Investors in a form and by a method acceptable to such Trustee and approved by the court overseeing the judicial instruction proceeding (the “Settlement Court”), and such Investors shall be given an opportunity opportunity, if practicable, to object and to make their position known to the Settlement Court if and to the extent allowed by the Settlement Court. Upon a Trustee’s Acceptance, this Settlement Agreement, including its tolling and forbearance provisions, shall continue in effect for such Trustee and the associated Settlement Trusts, until such time as: (ia) the Settlement Court has issued a final and non-appealable judgment (including the expiration of any time to apply for discretionary review) (A) granting such the Trustee a judicial instruction that its acceptance approval of this Settlement Agreement was a reasonable and in good faith exercise of such Accepting Trustee’s authority under the applicable Governing Agreements, and barring Investors from asserting claims against such Trustee with respect to such Trustee’s evaluation and acceptance of this Settlement Agreement and implementation of this Settlement Agreement in accordance with its termsfaith, or (B) issuing such other judicial instruction regarding such allowing or approving the Trustee’s entry into the Settlement as the Trustee a court may deem appropriate (the “Final Court Approval”), or (iib) the date on which Final Court Approval in all judicial instruction proceedings becomes legally impossible (whether by denial of Final Court Approval with no further possibility of appeal or other proceedings that could result in Final Court Approval or otherwise)impossible. If any Accepting Trustee elects to condition its acceptance on Final Court Approval, (1i) each Accepting Trustee that similarly conditions its acceptances on Final Court Approval shall use its best commercially reasonable efforts to coordinate such judicial instruction proceeding with the judicial instruction proceedings initiated by the other Accepting Trustees, andand (ii) the operative date for the Final Expert Calculation for all Settlement Trusts, including any that did not condition their acceptance on Final Court Approval, and JPMorgan’s right to exercise any right of termination in accordance with Subsection (e), below, shall be based on the date of Final Court Approval.

Judicial Instruction Extension. Prior to the Acceptance Date, each Trustee shall provide written notice to the Institutional Investors and JPMorgan Citigroup accepting or rejecting the Settlement. If a Trustee accepts the Settlement by executing the applicable signature page attached hereto and delivering an original or copy thereof to the Institutional Investors with a copy to JPMorgan on behalf of one or more Trusts for which it acts as Trustee Citigroup (“Trustee’s Acceptance”), it may do so subject to Final Court Approval, which shall be sought promptly through a judicial instruction proceeding in a jurisdiction acceptable to such Trustee (the period from such Trustee’s Acceptance through the earlier of Final Court Approval or the date Final Court Approval becomes legally impossible, a “Judicial Instruction Extension”). Notice of the Settlement and such judicial instruction proceeding shall be provided provided, to the applicable extent reasonably practicable, to the Investors in a form and by a method acceptable to such Trustee and approved by the court overseeing the judicial instruction proceeding (the “Settlement Court”), and such Investors shall be given an opportunity opportunity, if practicable, to object and to make their position known to the Settlement Court if and to the extent allowed by the Settlement Court. Upon a Trustee’s Acceptance, this Settlement Agreement, including its tolling and forbearance provisions, shall continue in effect for such Trustee and the associated Settlement Trusts, until such time as: (ia) the Settlement Court has issued a final and non-appealable judgment (including the expiration of any time to apply for discretionary review) (A) granting such the Trustee a judicial instruction that its acceptance approval of this Settlement Agreement was a reasonable and in good faith exercise of such Accepting Trustee’s authority under the applicable Governing Agreements, and barring Investors from asserting claims against such Trustee with respect to such Trustee’s evaluation and acceptance of this Settlement Agreement and implementation of this Settlement Agreement in accordance with its termsfaith, or (B) issuing such other judicial instruction regarding such allowing or approving the Trustee’s entry into the Settlement as the Trustee a court may deem appropriate (the “Final Court Approval”), or (iib) the date on which Final Court Approval in all judicial instruction proceedings becomes legally impossible (whether by denial of Final Court Approval with no further possibility of appeal or other proceedings that could result in Final Court Approval or otherwise)impossible. If any Accepting Trustee elects to condition its acceptance on Final Court Approval, (1i) each Accepting Trustee that similarly conditions its acceptances on Final Court Approval shall use its best commercially reasonable efforts to coordinate such judicial instruction proceeding with the judicial instruction proceedings initiated by the other Accepting Trustees, andand (ii) the operative date for the Final Expert Calculation for all Settlement Trusts, including any that did not condition their acceptance on Final Court Approval, and Citigroup’s right to exercise any right of termination in accordance with Subsection (e), below, shall be based on the date of Final Court Approval.