Common use of Condition No. 2: Finality of Judgment Clause in Contracts

Condition No. 2: Finality of Judgment. The Court shall enter a final Judgment in substantially similar form as Exhibit F-1. The final Judgment must be Final in accordance with Section 2.21 above, and shall, among other things: a. Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; b. Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23, as fair, reasonable, and adequate; c. Finally certify the Settlement Class for settlement purposes only; d. Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. Enter final Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members and the Chong Litigation with prejudice; f. Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final Judgment; g. Permanently bar and enjoin Named Plaintiff and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation. j. Authorize the Settling Parties to implement the terms of the Settlement Agreement; k. Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Judgment, and for any other necessary purpose; and l. Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final Judgment in substantially similar form as Exhibit F-1. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.11 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only;; FILED DATE: 4/1/2024 9:36 PM 2024CH00435 d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. (e) Enter final the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members and the Chong Litigation with prejudice; f. (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentPreliminary Approval; g. (g) Permanently bar and enjoin Named Plaintiff and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, Settlement from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictionh) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation.; j. (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final the Final Approval Order and the Judgment in forms substantially similar form as Exhibit F-1to Exhibits F and F-1 to this Settlement Agreement, respectively. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.14 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. (e) Enter final the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members and the Chong Litigation with prejudice; f. (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Approval; g. (g) Permanently bar and enjoin Named Plaintiff and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, Settlement from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictionh) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation.; j. (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final the Final Approval Order and the Judgment in substantially similar form the forms attached as Exhibit F-1Exhibits E and E-1, respectively. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.14 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over the Settling Parties and all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Consolidated Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. Enter final Judgment (e) Find that Defendants have complied with respect to their notice obligations under the claims of all Settlement Class Members and dismiss Action Fairness Act, 28 U.S.C. § 1715, in connection with the Settlement; (f) Dismiss the claims of all Settlement Class Members and the Chong Consolidated Litigation with prejudice; f. (g) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Approval; g. (h) Permanently bar and enjoin Named Plaintiff Plaintiffs and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to asserting any of the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictioni) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation. j. Authorize the Settling Parties to implement the terms of the Settlement Agreement; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final the Final Approval Order and the Judgment in forms substantially similar form as Exhibit F-1to Exhibits E and E-1, respectively. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.15 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. (e) Enter final the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members who did not opt out, and dismiss with prejudice all Released Claims of the claims of all Settlement Class Members and Releasing Persons in the Chong Litigation with prejudiceLitigation; f. (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Settlement Date; g. (g) Permanently bar and enjoin Named Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, Settlement from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of for the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictionh) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation.; j. (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final the Final Approval Order and the Judgment in forms substantially similar form as Exhibit to Exhibits F and F-1, respectively. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.16 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. (e) Enter final the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members who did not opt out, and dismiss with prejudice all Released Claims of the claims of all Settlement Class Members and Releasing Persons in the Chong Litigation with prejudiceLitigation; f. (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Settlement Date; g. (g) Permanently bar and enjoin Named Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, Settlement from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of for the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictionh) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation.; j. (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final the Final Approval Order and the Judgment in forms substantially similar form as Exhibit F-1to Exhibits E and E-1. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.11 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. (e) Enter final the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members who did not opt out, and dismiss with prejudice all Released Claims of the claims of all Settlement Class Members and Releasing Persons in the Chong Litigation with prejudiceLitigation; f. (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Settlement Date; g. (g) Permanently bar and enjoin Named Plaintiff and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, Settlement from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of for the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictionh) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation.; j. (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final the Final Approval Order and the Judgment in forms substantially similar form as Exhibit to Exhibits F and F-1, respectively. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.16 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Consolidated Litigation; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. (e) Enter final the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members and the Chong Consolidated Litigation with prejudice; f. (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Approval; g. (g) Permanently bar and enjoin Named Plaintiff Plaintiffs and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, Settlement from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of for the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictionh) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff Plaintiffs and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation.; j. (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter a final Judgment in substantially similar form as Exhibit F-1the Final Approval Order and the Judgment. The final Final Approval Order and the Judgment must be become Final in accordance with Section 2.21 2.14 above, and shall, among other things: a. (a) Find that (1) the Court has personal jurisdiction over the Settling Parties and all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this LitigationAction; and (3) venue is proper; b. (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; c. (c) Finally certify the Settlement Class for settlement purposes only; d. (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; e. Enter final Judgment (e) Find that ECA has complied with respect to its notice obligations under the claims of all Settlement Class Members and dismiss Action Fairness Act, 28 U.S.C. § 1715, in connection with the Settlement; (f) Dismiss the claims of all Settlement Class Members and the Chong Litigation Action with prejudice; f. (g) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of the final JudgmentFinal Approval; g. (h) Permanently bar and enjoin Named Plaintiff and all Settlement Class Members who have not opted out of the settlement, and any person actually or purportedly acting on their behalf, from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to forum asserting any of the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdictioni) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation. j. Authorize the Settling Parties to implement the terms of the Settlement Agreement; k. (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, the final Final Approval Order, and the Judgment, and for any other necessary purpose; and l. (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.