Common use of Final Effective Date Clause in Contracts

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.