SETTLEMENT AGREEMENT AND RELEASE3 Settlement Agreement and Release • February 11th, 2005 • New England Power Co • Electric services
This Agreement is subject to approval by the Bankruptcy Court in which the USGenNE Bankruptcy is pending. USGenNE shall file a motion with the Bankruptcy Court to approve this Agreement (the “Approval Motion”) within two (2) business days after the Parties execute this Agreement. The “Approval Date” shall mean (i) if any objection to the Approval Motion is filed, the date on which an order of the Bankruptcy Court approving this Agreement has become a final, non-appealable judicial order (unless the Parties waive in writing the requirement that such order be final and non-appealable, in which case the Approval Date will be the date on which the Bankruptcy Court entered the order approving the Approval Motion) or (ii) if no objection to the Approval Motion is filed, the date on which the Bankruptcy Court enters the order approving the Approval Motion. Notwithstanding anything contained in this Agreement to the contrary, this Agreement shall terminate automatically if a final non-appeal
