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withdrawal and vacatur of the Estimation Order, although <br />withdrawal and vacatur are not a condition to the effectiveness <br />of this Agreement. <br />3. Conditions Precedent to Binding Effect of Agreeme,^.*. <br />Each of the parties agrees to use its best efforts to consummate <br />the provisions of this Agreement, including submission of <br />evidence and argument to the Bankruptcy Court if necessary, to <br />obtain the Approval Order and including best efforts to obtaiin in <br />the Approval Order a finding that this Agreement has been entered <br />into in good faith by the parties and is otherwise appropriate <br />under any applicable law. Except as provided in the foregoing <br />sentence, this Agreement shall not bind the parties and shall not <br />be effective until each of the following conditions has been <br />satisfied: <br />(a) Bankruptcy Court Approval Order. The Bankruptcy <br />Court shall have entered the Approval Order in substantially the: <br />form agreed to by the parties and the Approval Order shall have <br />become a Final Order. The Approval Order shall contain all. of <br />the provisions required for purposes of implementing the <br />provisions of this Agreement, including without limitation <br />approval of the Releases referred to below and any other <br />documents necessary to carry out the Agreement. The Appro•~al <br />Order shall be entered only after notice to parties in into:rest. <br />(b) Dismissal of Adversary Proceedin~c. The <br />Bankruptcy Court shall have approved of the parties' dismissal of <br />the Adversary Proceeding and any Order relating to such dismissal <br />shall have become a Final Order. <br />8 <br />