When Settlement Becomes Final. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims as against the Settling 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(E)(8) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(F)(8), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Actions as against the Settling 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 Judgment, as described in Section II(E)(8II(F)(8)(a) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(G)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling Defendants Defendant 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 Order of Final Judgment Judgment, as described in Section II(E)(8II(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. 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. The settlement contemplated by this This Settlement Agreement shall become final on the date later of the dates 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(E)(8II(D)(5), above, under Rule 23(e) of the Federal Rules of Civil Procedure Procedure, and dismissing dismissed the Released Claims Action as against the Settling Defendants Defendant 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(E)(8II(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. 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(G)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling Defendants Defendant 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 Order of Final Judgment Judgment, as described in Section II(E)(8II(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. 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Actions as against the Settling 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 Judgment, as described in Section II(E)(8II(E)(7) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the date thatthat all of the following conditions have been satisfied: (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(E)(8II(G)(7), above, under Rule 23(e) 23 of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling Defendants Xxxxx 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 Order of Final Judgment Judgment, as described in Section II(E)(8II(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. The Parties agree that neither review or (ii) the provisions of Rule 60 appeal is terminated without disrupting the decision of the Federal Rules of Civil Procedure nor Court to approve the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated timesSettlement Agreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
When Settlement Becomes Final. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(G)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling 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 Order and Final Judgment Judgment, as described in Section II(E)(8II(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. 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Actions as against the Settling 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 Judgment, as described in Section II(E)(8II(E)(7) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the date thatthat all of the following conditions have been satisfied: (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(E)(8II(G)(7), above, under Rule 23(e) 23 of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling Defendants Tyson 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 Order of Final Judgment Judgment, as described in Section II(E)(8II(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. The Parties agree that neither review or (ii) the provisions of Rule 60 appeal is terminated without disrupting the decision of the Federal Rules of Civil Procedure nor Court to approve the All Writs Act, 28 U.S.C. § 1651, shall be taken into account in determining the above-stated timesSettlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement
When Settlement Becomes Final. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling 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 Judgment, as described in Section II(E)(8II(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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(F)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Actions as against the Settling 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 Judgment, as described in Section II(E)(8II(F)(7)(a) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling Defendants 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 approval of this Settlement Agreement and entry of the order of Final Judgment as described in Section II(E)(8II(E)(10)(a) above, above has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Actions as against the Settling 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 Judgment, as described in Section II(E)(8II(E)(7)(a) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims as against the Settling 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 Judgment, as described in Section II(E)(8II(E)(7) above, has expired 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. The settlement contemplated by this Settlement Agreement shall become final on the 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(E)(8II(E)(7), above, under Rule 23(e) of the Federal Rules of Civil Procedure and dismissing the Released Claims Action as against the Settling Defendants Defendant 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(E)(8II(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. The settlement contemplated by this This Settlement Agreement shall become final on the date later of the dates 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(E)(8), above, II(D)(6) under Rule 23(e) of the Federal Rules of Civil Procedure Procedure, and dismissing dismissed the Released Claims Action as against the Settling Defendants Defendant 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(E)(8) 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. 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