Final Effective Date. The term “Final Effective Date” shall mean the first date after any appeals from, or other challenges to, the Approval Order have been exhausted or the time periods for filing such appeal(s) or challenge(s) have expired, provided that the Final Effective Date shall be deemed to have occurred only if, at such time, (i) the Approval Order has not been disapproved or modified as a result of any appeal(s) or other challenge(s) and (ii) GM has completed, on a basis reasonably satisfactory to GM, its discussions with the Securities and Exchange Commission (“SEC”) regarding the accounting treatment with respect to the New Plan and the New VEBA as set forth in Section 21 of this Settlement Agreement.
Final Effective Date. The term “Final Effective Date” shall mean August 29, 2008 (the date on which the Court entered the Approval Order).
Final Effective Date. “Final Effective Date” refers to the first date after all of the following events and conditions have been met or have occurred: (i) this Agreement has been signed by the Parties, Class Counsel and Defendants’ Counsel; (ii) the Court has entered the Preliminary Approval Order, and authorized Settlement Notice of the proposed Settlement and Final Fairness Hearing; (iii) the Court-approved Settlement Notice has been mailed to Settlement Class Members as ordered by the Court, and the Bar Date has passed; (iv) the Final Fairness Hearing has occurred; (v) the Court has entered the Final Approval Order and Final Judgment, approving the Agreement’s terms and conditions, directing consummation of its terms and provisions, and dismissing all the individual claims asserted in the Action with prejudice, dismissing the class claims for breach of contract and false advertising asserted in the Action with prejudice as to all Settlement Class Members (other than those who validly and timely opt- out as provided herein), and dismissing the remaining class claims asserted in the Action without prejudice; (vi) the deadline has passed without action by Defendants to terminate the Agreement; and (vii) the time to appeal from the Final Approval Order and Final Judgment has expired and no Notice of Appeal has been filed, or in the event that an appeal is filed, the appellate process is exhausted and the Final Approval Order and Final Judgment has remained intact in all material respects. The Parties agree the Court shall retain jurisdiction to enforce the terms of the Agreement unless specifically set forth otherwise herein.
Final Effective Date. The term “Final Effective Date” shall mean the later of the Initial Effective Date or the date on which Ford has completed, on a basis reasonably satisfactory to Ford, its discussions with the staff of the SEC regarding the accounting treatment with respect to the New Plan and the New VEBA as set forth in Section 21 of this Settlement Agreement.
Final Effective Date. Thirty (30) days after the date on which the Settlement receives Final Approval, no appeals are filed, and all conditions have either been satisfied or waived in accordance with this Settlement Agreement.
Final Effective Date. Subject to the Final Order, upon the Final Effective Date, the Borrower shall be deemed to have made a request for a Roll-Up Borrowing comprised of (i) Revolving Loans in an principal amount equal to the aggregate principal amount of “Revolving Loans” (as defined in the Prepetition 2012 Credit Agreement) outstanding as of such date and (ii) the Term Loan in a principal amount equal to the aggregate principal amount of the “Term Loan” (as defined in the Prepetition 2012 Credit Agreement) outstanding as of such date.
Final Effective Date. The obligations of the Revolving Lenders to make NM Loans and of each Issuing Bank to issue Letters of Credit hereunder in an aggregate amount in excess of the Interim Availability Amount shall not become effective until the date on which each of the following conditions is satisfied:
Final Effective Date. As used herein, the term Final Effective Date generally means the date the deadline to appeal the Settlement Agreement runs, or if an appeal is taken, the day the appeal process ends. Please see the Settlement Agreement for the precise definition.
Final Effective Date. Provided no appeal is timely filed, and no application has been made for reconsideration or rehearing, the “Final Effective Date” means thirty (30) days after the Court has entered a Final Order. If such an appeal or application for reconsideration or rehearing is timely filed, the latest of the following, if applicable, becomes the Final Effective Date: (1) any appeal from the Final Order has been finally dismissed; (2) the Final Order has been affirmed on appeal in a form substantially identical to the form of the Final Order entered by the Court; (3) the time to petition for review with respect to any appellate decision affirming the Final Order has expired and no such petition for review has been filed; and (4) if a petition for review of an appellate decision affirming the Final Order is filed, the petition has been denied or dismissed, or, if granted, has resulted in affirmance of the Final Order in a form entered by the Court.
Final Effective Date. The term “Final Effective Date” shall mean the date of the Closing Date.
