Approval of Settlement Sample Clauses

Approval of Settlement. 42. Approval of the settlement set out in this Settlement Agreement shall be sought at the public hearing of the Commission scheduled for June 14, 2004 or such other date as may be agreed to by Staff and Fangeat (the “Settlement Hearing”).

Approval of Settlement. 18. If, for any reason whatsoever, the Executive Director does not consent to this Settlement: (a) this Settlement Agreement and its terms, including all discussions and negotiations between Staff and ▇▇▇▇▇▇ leading up to the execution of this Settlement Agreement, shall be without prejudice to Staff and ▇▇▇▇▇▇; (b) Staff and ▇▇▇▇▇▇ shall be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing of these matters before the Commission, unaffected by this Settlement Agreement or the settlement discussions/negotiations; and (c) the terms of this Settlement Agreement will not be referred to in any subsequent proceeding, or disclosed to any person, except with the written consent of Staff and ▇▇▇▇▇▇ or as may be required by law.

Approval of Settlement. 1. Within twenty-one (21) days of the Execution Date, the Settlement Parties shall present this Settlement Agreement, including all exhibits, together with a motion for preliminary approval, and all supporting papers, to the Court. At that time, the Settlement Parties will also request a Preliminary Approval Hearing to determine preliminary approval of the Settlement as soon as practicable, subject to the calendar of the Court. 2. The motion for preliminary approval shall be drafted by Class Counsel, and shall be provided to the Rams for comment at least seven (7) days in advance of filing. The motion for preliminary approval shall ask the Court to find preliminarily that the terms of the proposed settlement fall within the range of permitted approval and should therefore be approved. The motion for preliminary approval shall also request that the Court enter the proposed Preliminary Approval Order in the form attached hereto as Exhibit G, approve and authorize issuance of the Notice attached as Exhibits H through K, and approve appointment of the Claims Administrator. 3. Within ten (10) days after the filing of the motion for preliminary approval, the Rams shall provide notice of the Settlement Agreement, pursuant to 28 U.S.C. § 1715. 4. The Settlement Parties will request that an Approval Hearing to determine final approval of the Settlement be set one hundred twenty (120) days after the Preliminary Approval Date, or on such other date as is set by the Court. The Settlement Parties shall request that the Court enter the Final Order and Judgment in the form attached hereto as Exhibit F, that will cause the dismissal of the Action with prejudice. The Court, however, will have continuing jurisdiction to implement the Settlement Agreement.

Approval of Settlement. The Court has reviewed the terms of the Settlement Agreement and all objections and comments thereto and finds that the Settlement is fair, reasonable, and adequate under the circumstances of this case and in the best interests of the Settlement Class. Accordingly, the Settlement Agreement is approved. In evaluating the proposed settlement, the Court considered a variety of factors and makes the following findings:  The named Plaintiff is an adequate representative of the Settlement Class, and treatment of this action as a class action for settlement purposes, with the Settlement Class as defined above, is appropriate, proper and satisfies the criteria set forth in Fed. R. Civ. P. 23(e);  The Notices provided were the best practicable under the circumstances and satisfied Fed. R. Civ. P. 23(c) and the requirements of due process;  More than adequate discovery has been conducted in this case for the purpose of determining the reasonableness of the Settlement;  The terms of the Settlement provide substantial and direct benefits to the Settlement Class;  Class Counsel, including ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, are experienced trial practitioners with substantial experience in class action litigation and recommended approval of the Settlement Agreement;  The future expense and likely duration of the litigation, and its uncertainty of outcome, supports approval of the class Settlement; and  Nothing indicates an absence of good faith or independence between Plaintiff and Defendants regarding the Settlement Agreement.

Approval of Settlement. (a) Plaintiffs shall apply for approval of the Settlement as described in paragraph 19 of this Agreement for purposes of effectuating this Settlement. Plaintiffs agree not to request more than $7,500 for each Class Representative Service Award and further agree not to seek more than $808,333.33 (1/3 of the Maximum Settlement Amount) for Plaintiffs’ Attorneys’ Fees or $25,000 for Plaintiffs’ Costs. (b) ACES shall not oppose an application by Plaintiffs or Plaintiffs’ Attorneys for Plaintiffs’ Attorney Fees equal to or less than 1/3 of the Maximum Settlement Amount (i.e., $808,333.33). Further, ACES shall not oppose an application by Plaintiffs or Plaintiffs’ Attorneys for up to $25,000 in costs of litigation. (c) ACES shall not oppose any application by Plaintiffs and/or Plaintiffs’ Attorneys for a Class Representative Service Award in an amount equal to or less than $7,500 for each Plaintiff. (d) Should the Superior Court for the County of Orange decline to approve all material aspects of the Settlement, or make rulings substantially altering the fundamental terms of this class settlement, except for the awards of Plaintiffs’ Attorney Fees, Plaintiffs’ Costs, and Class Representative Service Awards (which shall be decided by the court), or if for any reason ACES is determined not to be entitled to a dismissal with prejudice of the Litigation, ACES shall have no obligation to make any payment, including payment of the Maximum Settlement Amount (or any portion thereof), and in that event if ACES has made any payment, such monies shall be returned promptly to ACES.

Approval of Settlement. Congress hereby authorizes and approves the decision by the Federal Communications Commission and the United States Department of Justice to settle the case entitled NextWave Personal Communications, Inc. and NextWave Power Partners, Inc. (“petitioners”) v. Federal Communications Commission and the United States of America (“respondents”), D.C. Cir. Nos. 00-1402 and 00-1403, petitions for cert. filed, Nos. 01-653, et al. (Oct. 19, 2001), and their claims in the case entitled In re NextWave Personal Communications, Inc., Bankr. S.D.N.Y. ▇▇. ▇▇ ▇ ▇▇▇▇▇, in accordance with the terms of the Settlement Agreement, dated November 15, 2001, that has been entered into by petitioners and respondents, among others.

Approval of Settlement. The Court has reviewed the terms of the Agreement and all objections and comments thereto and finds that the Settlement is fair, reasonable, and adequate under the circumstances of this case and in the best interests of the Class. Accordingly, the Settlement is approved. In evaluating the Settlement, the Court considered a variety of factors and makes the following findings: • The named Plaintiffs are adequate representatives of the Class; • The notice provisions set forth in the parties’ Notice Plan-attached as Exhibit B to the Agreement-constitute the only notice required; • The notice provided to the Class pursuant to the Notice Plan satisfied the requirements of due process, the Federal Rules of Civil Procedure, and other applicable laws and rules. The notice was the best notice practicable under the circumstances, was otherwise fair and reasonable, and constituted valid, due, and sufficient notice; • The terms of the Settlement provide substantial and direct benefits to the Class; • Class Counsel are experienced trial practitioners with substantial experience in class action litigation and recommended approval of the Settlement; • The timing of the Settlement weighs strongly in favor of approval. The parties have been sufficiently informed to assess the strengths and weaknesses of their positions and to make a reasoned evaluation of whether and on what terms to settle. The facts of the case are well- developed, the parties have exchanged substantial written discovery and taken numerous depositions, and they have presented the positions of their respective experts regarding matters involved in adjudicating the class issues and merits of the litigation; • The risk and uncertainty to Class Members with respect to the prospect of continued litigation also weigh significantly in favor of approval. In evaluating the Settlement, the Court compares the benefits of settling against the risks and burdens of potentially protracted litigation. Defendants deny any fault, wrongdoing, or liability whatsoever and have asserted numerous affirmative defenses. In particular, the Defendants deny that the territorial rules violate the antitrust laws. The outcome of any trial to ultimately adjudicate Plaintiffs’ claims is uncertain. The Agreement provides the Class Members with immediate and certain resolution and alleviates their burden to prove their claims. • The Settlement allows the Class Members to avoid significant expenses associated with litigation of the issues r...

Approval of Settlement. (a) All terms of this Agreement are contingent upon the approval of the Parties’ settlement and certification by the Court (and, as applicable, any bankruptcy court having jurisdiction over Plaintiff’s claim) of the Settlement Classes (as defined in Section 5 below) for settlement purposes only. (i) For purposes of this Agreement, “Preliminary Approval” shall be deemed to occur upon the issuance of a Court order conditionally certifying the Settlement Classes specified in Section 5 for purposes of providing notice to the affected individuals as described below (the “Preliminary Approval Order”). The Preliminary Approval Order shall also, among other things, require any requests for exclusion from the Rule 23 Settlement Class or objections to the Settlement to be received no later than the deadline for affected individuals to respond to the aforementioned notice. (ii) If the Court grants an order (“Final Approval Order”) fully, finally, and unconditionally (1) granting the Parties’ motion for final approval of their settlement and (2) extinguishing the released claims as specified herein, and the settlement is approved as required by an order entered by any applicable bankruptcy court, then the “Effective Date” of this settlement shall be deemed to occur (A) thirty-five (35) days after the issuance of the later of such approval orders, if no appeal of said order is filed within that 35-day period, or (B) upon the final disposition of any appeal that has the effect of affirming the order in its entirety (“Effective Date”). (iii) The Parties agree to cooperate and take all steps necessary and appropriate to jointly move for a Preliminary Approval Order and Final Approval Order before the Court in the Action, and by Class Counsel in any applicable bankruptcy action, and otherwise effectuate all aspects of this Agreement. The Parties agree that they will jointly move for a Final Approval Order incorporating the terms of this Settlement Agreement as the parties’ stipulated judgment, and retaining jurisdiction over its enforcement. The Parties may notify the Court by Joint Notice that the payment obligations have been satisfied and, if requested by Academy upon satisfaction of payment obligations by the QSF, satisfaction of judgment shall enter at that time. (b) Academy stipulates for settlement purposes only to the certification of the Settlement Classes but does not waive, and instead expressly reserves, its right to challenge the propriety of conditional or cl...

Approval of Settlement. Except as permitted under paragraph 60(iii) above, this Settlement Agreement and its terms will be treated as confidential by Staff and BEI until approved by the Commission, and forever, if for any reason whatsoever this settlement is not approved by the Commission, except with the consent of Staff and BEI, or as may be required by law.