Common use of When Settlement Becomes Final Clause in Contracts

When Settlement Becomes Final. This Settlement Agreement shall become final on the later of the dates that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, in accordance with Section II(D)(5), above, under Rule 23(e) of the Federal Rules of Civil Procedure, and dismissed the Action as against the Settling Defendant with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review..

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(G)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant Defendants with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Order and Final Judgment, as described in Section II(D)(5II(G)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review...

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(G)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order Order of Final Judgment, as described in Section II(D)(5II(G)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review...

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment Judgment, approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action Actions as against the Settling Defendant Defendants with prejudice as to all Settlement Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5II(E)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review... The Parties agree that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(G)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order Order of Final Judgment, as described in Section II(D)(5II(G)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety all material respects by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review...

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later date that all of the dates thatfollowing conditions have been satisfied: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(G)(7), above, under Rule 23(e) 23 of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant Xxxxx with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order Order of Final Judgment, as described in Section II(D)(5II(G)(7) above, has expired with no appeal having been filed or, if appealed, (i) approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review..review or (ii) the appeal is terminated without disrupting the decision of the Court to approve the Settlement Agreement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant Defendants with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5II(E)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review...

Appears in 1 contract

Samples: Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(F)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action Actions as against the Settling Defendant Defendants with prejudice as to all Settlement Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5II(F)(7)(a) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review... The Parties agree that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.

Appears in 1 contract

Samples: Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment Judgment, approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant all Released Parties with prejudice as to all Settlement Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s 's approval of this Settlement Agreement and entry of the order of Final Judgment, Judgment as described in Section II(D)(5II(E)(10)(a) above, above has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review... The Parties agree that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.

Appears in 1 contract

Samples: Settlement Agreement

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When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action Actions as against the Settling Defendant Defendants with prejudice as to all Settlement Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s 's approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5II(E)(7)(a) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review... The Parties agree that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.

Appears in 1 contract

Samples: Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5II(E)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review...

Appears in 1 contract

Samples: Settlement Agreement

When Settlement Becomes Final. This Settlement Agreement shall become final on the later of the dates that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, in accordance with Section II(D)(5), above, II(D)(6) under Rule 23(e) of the Federal Rules of Civil Procedure, and dismissed the Action as against the Settling Defendant with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5) aboveII(D)(6), has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review..

Appears in 1 contract

Samples: Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later of the dates date that: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action Released Claims as against the Settling Defendant Defendants with prejudice as to all Settlement Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s 's approval of this Settlement Agreement and entry of the order of Final Judgment, as described in Section II(D)(5II(E)(7) above, has expired with no appeal having been filed or, if appealed, approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review... The Parties agree that neither the provisions of Rule 60 of the Federal Rules of Civil Procedure nor the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated times.

Appears in 1 contract

Samples: Settlement Agreement

When Settlement Becomes Final. This The settlement contemplated by this Settlement Agreement shall become final on the later date that all of the dates thatfollowing conditions have been satisfied: (a) the Court has entered the Order and Final Judgment approving this Settlement Agreement, and all of its material terms and conditions, in accordance with Section II(D)(5II(G)(7), above, under Rule 23(e) 23 of the Federal Rules of Civil Procedure, Procedure and dismissed dismissing the Action as against the Settling Defendant Tyson with prejudice as to all Class Members and without costs; and (b) the time for appeal or to seek permission to appeal from the Court’s approval of this Settlement Agreement and entry of the order Order of Final Judgment, as described in Section II(D)(5II(G)(7) above, has expired with no appeal having been filed or, if appealed, (i) approval of this Settlement Agreement and the Order and Final Judgment has been affirmed in its entirety by the court of last resort to which such appeal has been taken and such affirmance is no longer subject to further appeal or review..review or (ii) the appeal is terminated without disrupting the decision of the Court to approve the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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