5. The order of the commissioner issued pursuant to section 4 of this act shall not take effect unless the commissioner issues a subsequent order finding that:

a. the Superior Court has entered an order pursuant to subsection f. of section 19 of this act approving the establishment of the foundation; and

b. the Superior Court has not imposed any terms or conditions that are materially inconsistent with the order of the commissioner issued pursuant to section 4 of this act.

L.2001,c.131,s.5.