Final Court Approval definition

Final Court Approval means the date on which the Order and Final Judgment approving the Settlement and dismissing the Action with prejudice becomes final and no longer subject to further appeal or review, whether by the passage of time, affirmance on appeal, or otherwise.

Final Court Approval means the Court has entered the Final Judgment in accordance with Paragraph 8 and the expiration of the time to appeal or seek re- argument, certification, certiorari or other review with respect to such Final Judgment or, if any appeal, re-argument, writ of certiorari or other review is filed and not dismissed, after such Final Judgment is upheld in all material respects and is no longer subject to re-argument, certification, certiorari or other review; provided, however, that an appeal shall not delay, impair or preclude Final Court Approval to the extent it pertains solely to (i) the Plan of Allocation (while not changing the Settlement Fund), or (ii) any application for attorneys’ fees and expenses.

Final Court Approval means the later of the dates that the Trustee Findings Order and the order approving this Settlement Agreement (which may include the Trustee Findings Order) becomes a Final Order.

Examples of Final Court Approval in a sentence

• Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by this Agreement upon Final Court Approval.

• If at any time Final Court Approval of the Settlement shall become legally impossible (including by reason of the denial of Final Court Approval by a court with no possibility of further appeal or proceedings that could result in Final Court Approval), the Settlement Agreement shall be null and void and have no further effect as to the Parties except as set forth in this Subparagraph 2(b) and other provisions not specifically provided for herein as being subject to or conditioned upon Final Court Approval.

• In such event: (i) except as provided in Paragraph 7, the Parties hereto shall be deemed to have reverted to their respective status as to all claims, positions, defenses, and responses as of the date a day prior to the Signing Date, and (ii) the provisions of Paragraph 20 shall apply, along with such other provisions hereof not specifically provided for as being subject to or conditioned upon Final Court Approval.

• All Parties will use their reasonable best efforts to obtain Final Court Approval.

• Final Court Approval shall be deemed not to have been obtained unless and until there has been received at the Trustee’s request an opinion of Trustee tax counsel with respect to the States of New York and California, in each case, to the same legal effect as the requested rulings described in Subparagraph 2(e)(i) and (ii).

More Definitions of Final Court Approval

Final Court Approval means that an order entered by a court of competent jurisdiction approving the relevant settlement on terms mutually satisfactory to the Parties and the Insurers has become final and nonappealable.

Final Court Approval means (i) entry of an Order and Judgment in the form attached as Exhibit C to the Stipulation, which shall release the Released Claims and (ii) the Order and Judgment becoming Final.

Final Court Approval means the date on which the Judgment of the Court becomes Final. For the purposes of this Stipulation, “Final” means: (i) if no appeal from the Judgment is taken, the date on which the time for taking such an appeal expires; or (ii) if any appeal is taken, the date on which all appeals, including petitions for rehearing or reargument, petitions for writ of review, and petitions for writ of certiorari or any other form of review, have been fully disposed of (whether through expiration of time to file, denial of any request for review, by affirmance on the merits, or otherwise) in a manner that does not result in any material alteration of the Judgment. Notwithstanding the foregoing, the Court’s ruling or failure to rule on any application for attorneys’ fees and/or expenses shall not preclude the Judgment from becoming Final.

Final Court Approval of the Settlement shall mean that the Court will have entered the Final Order and Judgment, dismissing this Action with prejudice and that such order is finally affirmed on appeal or is no longer subject to appeal and the time for any petition or reargument, appeal or review has expired.

Final Court Approval means the entry of the Approval Order by the court and either

Final Court Approval means the date the Court enters the Final Approval Order (if no after-hearing motion is filed and no appeals are taken therefrom) or the date of the final resolution of after-hearing motions or appeal, so long as the Final Approval Order is upheld or affirmed in its entirety;

Final Court Approval of the Settlement means that the Court has entered an order approving the Settlement and dismissing the Rice Consolidated Class Action and the Sxxxxxxx Action with prejudice, and that such order is finally affirmed on appeal or is no longer subject to appeal and the time for any petition for reargument, appeal or review, by certiorari or otherwise, has expired. Subject to approval by the Court of the Settlement, Class Counsel intends to apply to the Court for an award of attorney’s fees and reimbursement of expenses (including expert fees and expenses) and Defendants reserve all of their rights to object to such application. Defendants (other than the individuals) shall pay the amount of fees and expenses, if any, awarded by the Court, provided, however, that if any of the Other Conditions set forth in paragraph 4 below are not satisfied, defendants shall have no obligation with respect to such award.