Common use of Approval Motion Clause in Contracts

Approval Motion. A. Within thirty (30) days of complete execution of this Agreement, Class Counsel shall file a Motion for Approval (“Approval Motion”) that is agreed to by Defendants. In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement. B. In the Approval Motion, Class Counsel shall inform the Court of the intended process to obtain a “Approval Order” in accordance with the Court-approved schedule, so that the Court may, among other things: (1) approves the settlement as fair, adequate and reasonable; (2) incorporate the terms of the Release, as described herein; (3) dismiss the Action with prejudice; (4) award Costs and Fees, including any Service Awards; and (5) authorize distribution and payment to the Authorized Claimants. C. Class Counsel will file the Approval Motion as “unopposed.” Defendants may not oppose such application so long as it (i) is consistent with the terms and conditions of this Agreement, (ii) does not include any additional matters not addressed by this Agreement; and (iii) is entirely accurate and not misleading. Class Counsel will e- mail a draft of the Approval Motion to Defendants’ Counsel seven (7) days prior to filing. Unless Defendants raise objections, Class Counsel may file the Approval Motion seven (7) days after e-mailing a copy to Defendants’ Counsel.

Approval Motion. A. (A) Within thirty fifteen (3015) days of complete execution of this Agreement, Class Counsel shall file a Motion for Approval (“an Approval Motion”) that is agreed to by Defendants. In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits affidavits, and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement. Counsel for Defendants shall have an opportunity to review and approve drafts of all documents submitted in connection with the Approval Motion for at least five (5) business days prior to their submission. B. (B) In the Approval Motion, Class Counsel shall inform the Court of the intended process to obtain a “Approval Order” in accordance with effectuate the Court-approved schedulesettlement as contemplated herein, so such that the Court may, among other things: (1) approves approve the settlement as fair, adequate adequate, and reasonable; (2) incorporate the terms of the Release, as described herein; (3) dismiss the Action with prejudice; (4) award Costs and Fees, including any Service AwardsAward; and (5) authorize distribution and payment to the Authorized Claimants. C. (C) Class Counsel will file the Approval Motion as “unopposed.” for settlement purposes only. Defendants may will not oppose such application so long as it (i) is consistent with the terms and conditions of this Agreement, (ii) does not include any additional matters not addressed by this Agreement; and (iii) is entirely accurate and not misleading. Class Counsel will e- mail a draft of the Approval Motion to Defendants’ Counsel seven (7) days prior to filing. Unless Defendants raise objections, Class Counsel may file the Approval Motion seven (7) days after e-mailing a copy to Defendants’ Counsel.

Approval Motion. A. Within thirty (30) days of complete execution of this Agreement, Class Counsel shall file a Motion for Settlement Approval (“Approval Motion”) that is agreed to by Defendants). In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement. B. . In the Approval Motion, Class Counsel shall inform the Court of the intended process to obtain a “Approval Order” in accordance with the Court-approved schedule, so that the Court may, request among other things: (1) approves approve the settlement as fair, adequate and reasonable; (2) incorporate the terms of the Release, as described herein; (3) dismiss the Action with prejudice; (4) award Costs and Fees, including any Service Awards; and (5) authorize distribution and payment to the Authorized Claimants. C. . Class Counsel will file the Approval Motion as “unopposed.” Defendants may not oppose such application so long as it (i) is consistent with the terms and conditions of this Agreement, (ii) does not include any additional matters not addressed by this Agreement; and (iii) is entirely accurate and not misleading. Class Counsel will e- e-mail a draft of the Approval Final Motion to Defendants’ Counsel seven three (73) days prior to filing. Unless Defendants raise objections, Class Counsel may file the Approval Motion seven three (73) days after e-e- mailing a copy to Defendants’ Counsel.