Common use of Final Settlement Date Clause in Contracts

Final Settlement Date. The “Final Settlement Date” shall be the thirty-first (31st) day after the Court enters a final and appealable order and/or judgment approving this Agreement that is without material change to this Agreement or the Proposed Final Approval Order (defined below) (the “Final Approval Order”), but only if there is no appeal taken from the Final Approval Order. If an appeal is taken from the Final Approval Order, the Final Settlement Date shall be the date on which a reviewing court affirms the Final Approval Order, dismisses the appeal, or denies review and (i) all avenues of appeal and/or rehearing have been exhausted, or (ii) the time for seeking further appeals and/or a petition for rehearing has expired. If an appeal is taken from the Final Approval Order, then within fourteen (14) days of the filing of any such appeal the Settlement Administrator shall deposit the Net Settlement Fund into a separate, interest-bearing account, which account must be reasonably acceptable to Settlement Class Counsel. If the Final Settlement Date occurs, the interest earned on this account shall serve to increase the Net Settlement Fund and, thus, individual Settlement Class Member Payments. If the Settlement is deemed or declared invalid or void ab initio for any reason, then the interest earned on this account shall be included in the refund to the ▇▇▇▇▇ Fargo Defendants in accordance with Paragraph 12.

Final Settlement Date. The “Final Settlement Date” shall be the thirty-first (31st) day after the Court enters a final and appealable order and/or judgment approving this Agreement that is without material change to this Agreement or the Proposed Final Approval Order (defined below) (the “Final Approval Order”), but only if there is no appeal taken from the Final Approval Order. If an appeal is taken from the Final Approval Order, the Final Settlement Date shall be the date on which a reviewing court affirms the Final Approval Order, dismisses the appeal, or denies review and (i) all avenues of appeal and/or rehearing have been exhausted, or (ii) the time for seeking further appeals and/or a petition for rehearing has expired. If an appeal is taken from the Final Approval Order, then within fourteen seven (147) days after receipt of the filing of any such appeal Remaining Settlement Fund from the Fifth Third/Vantiv Defendants, the Settlement Administrator shall deposit the Net Settlement Fund into a separate, interest-bearing bearing, escrow account, which . The account must be reasonably acceptable to Settlement Class Counsel. If the Final Settlement Date occurs, the any interest earned on this account shall serve to increase the Net Settlement Fund and, thus, individual Settlement Class Member Payments. If the Settlement is deemed or declared invalid or void ab initio for any reason, then the interest earned on this escrow account shall be included in the refund to the ▇▇▇▇▇ Fargo Fifth Third/Vantiv Defendants in accordance with Paragraph 12.