Final Approval and Judgment Sample Clauses

Final Approval and Judgment. 1. No later than fifty (50) days prior to the Fairness Hearing, the Settling Parties shall jointly apply to the Court for a Judgment, substantially in the form attached hereto as Exhibit E, which shall, among other things: (a) Find that the Court has personal jurisdiction over all Class Members and that the Court has subject matter jurisdiction to approve the terms of the Settlement that are set out in this Settlement Agreement, including its exhibits, and including all documents submitted to the Court in connection with the implementation of this Settlement Agreement; (b) Approve the Settlement embodied in this Settlement Agreement as fair, reasonable and adequate, consistent and in compliance with all applicable requirements of the New York Civil Practice Law and Rules, the United States Constitution (including the Due Process Clause), the Constitution of the State of New York, the Rules of the Court, and any other applicable law, and as in the best interests of each of the Settling Parties and the Class Members; (c) Direct the Settling Parties and their counsel to implement and consummate this Settlement Agreement according to its terms and provisions and approve the documents submitted to the Court in connection with implementation of this Settlement Agreement; (d) Declare this Settlement Agreement, as to all claims that have or could have been raised in the Action, including Released Claims, to be binding on the Representative Plaintiffs and all other Class Members, as well as all Releasees and Releasors; (e) Find that the Notice, the Summary Notice and the notice methodology implemented pursuant to this Settlement Agreement (i) constituted the best practicable notice, (ii) constituted notice that was reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the Action, of the effect of this Settlement Agreement, including the Release, of their right to object to the proposed Settlement, of the right of Class Members to exclude themselves from the Class, and of the right of Class Members to appear at the Fairness Hearing, (iii) were reasonable and constituted due, adequate, and sufficient notice to all persons or entities entitled to receive notice and (iv) met all applicable requirements of the New York Civil Practice Law and Rules, the United States Constitution (including the Due Process Clause), the Constitution of the State of New York, the Rules of the Court, and any other applicable law;

Final Approval and Judgment. In accordance with the schedule set in the Preliminary Approval Order, Class Counsel will draft the motion requesting final approval of the Settlement and entry of the Final Approval Order and Judgment, and will provide those drafts to Apple Counsel at least seven (7) days prior to the filing of the motion. The motion shall be written in a neutral manner that does not contain inflammatory language about the Parties or their perceived conduct in the Action. Apple may provide feedback concerning the motion, and Class Counsel will meet and confer with Apple in good faith regarding Apple’s feedback. The Final Approval Order and Judgment will contain a provision stating that the Settlement Administrator and the Parties and their counsel will have no liability to any person in connection with the Action or Settlement, or determinations and distributions made substantially in accordance with the terms of the Settlement, including payments made to Class Members who become Group 1 Claimants during the Reserve Period.

Final Approval and Judgment. Class Counsel will file their motion for final approval of the settlement no later than one hundred forty-five (145) days after the entry of the Preliminary Approval Order. Class Counsel will draft the motion for final approval of the settlement, and will provide that draft to ▇▇▇▇’s Counsel at least ten (10) days prior to the deadline to file the motion, unless otherwise agreed to by the Parties. The motion shall be written in a neutral manner that plainly states Plaintiffs’ allegations and claims while making clear that ▇▇▇▇ denies every allegation of wrongdoing and admits no liability. Knix may provide feedback concerning the motion, and Class Counsel will meet and confer with Knix in good faith regarding ▇▇▇▇’s feedback.

Final Approval and Judgment. In accordance with the schedule set in the Preliminary Approval Order, Class Counsel will draft the motion for final approval of the Settlement and will provide that draft to Oracle’s Counsel at least five (5) business days prior to the filing of the motion, unless otherwise agreed to by the Parties. The motion shall be written in a neutral manner that plainly states Plaintiffs’ allegations and claims while making clear that Oracle denies every allegation of wrongdoing and admits no liability. Oracle may provide comments concerning the motion, and Class Counsel will meet and confer with Oracle’s Counsel in good faith regarding Oracle’s comments.

Final Approval and Judgment. 75. Plaintiffs’ motion for Preliminary Approval will include a request to the Court for a scheduled date on which the Final Approval Hearing will occur. 76. Plaintiffs and Class Counsel shall submit for the Court’s consideration, seven (7) days before the Final Approval Hearing or by such other deadline as the Court may order, a proposed Final Approval Order, which shall be subject to review and consent by Chase before filing. The motion for Final Approval of this Settlement, the form of which will also be subject to review and consent by Chase, shall include a request that the Court enter the Final Approval Order and, if the Court grants Final Approval of the Settlement and incorporates the Agreement into the final judgment, that the Court dismiss this Action with prejudice, subject to the Court’s continuing jurisdiction to enforce the Agreement. 77. In the event that the Court does not enter the Final Approval Order in a form substantially the same as submitted, as determined by the Parties, the Parties have the right to terminate this Agreement and the Settlement, per Section XVII below. While materiality remains subject to the Parties’ determination in their reasonable discretion, material changes shall not include any changes to the legal reasoning or format used by the Court to justify the substantive relief sought by the Final Approval Order. In the event that the Effective Date does not occur, the Final Approval Order is vacated or reversed, or the Settlement does not become final and binding, the Parties agree to request that the Court vacate any dismissal with prejudice. 78. The Parties agree that if this Agreement becomes null and void, Chase shall not be prejudiced in any way from opposing class certification in the Action; and Plaintiffs and the Settlement Class Members shall not use anything in this Agreement, in any terms sheet, or in the Preliminary Approval Order or Final Approval Order to support a motion for class certification or as evidence of any wrongdoing by Chase. No Party shall be deemed to have waived any claims, objections, rights or defenses, or legal arguments or positions, including but not limited to, claims or objections to class certification, or claims or defenses on the merits. Each Party reserves the right to prosecute or defend this Action in the event that this Agreement does not become final and binding.

Final Approval and Judgment. 81. Plaintiffs’ Motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled date on which the Final Approval Hearing will occur. 82. Plaintiffs shall file their Motion for Final Approval of the Settlement no later than seven

Final Approval and Judgment. In accordance with the schedule set in the Preliminary Approval Order, Class Counsel shall draft the motion requesting final approval of the Settlement, the Proposed Final Approval Order and the Proposed Final Judgment, and shall provide those drafts to Apple Counsel at least ten days before filing such motion with the Court. Apple may provide feedback concerning the motion and Class Counsel will meet and confer with Apple in good faith regarding Apple’s feedback.

Final Approval and Judgment. In accordance with the schedule set in the Preliminary Approval Order, Class Counsel will draft the motion for final approval of the settlement and will provide that draft to Britax’s Counsel at least seven (7) days prior to the deadline to file the motion, unless otherwise agreed to by the Parties. The motion shall be written in a neutral manner that plainly states Plaintiffs’ allegations and claims while making clear that Britax denies every allegation of wrongdoing and admits no liability. Britax may provide feedback concerning the motion, and Class Counsel will meet and confer with Britax in good faith regarding ▇▇▇▇▇▇’s feedback. However, Class Counsel is entitled, consistent with their obligations under Rule 23, to exercise its own independent judgment regarding the ultimate content of the motion for final approval.

Final Approval and Judgment. 21. After PRELIMINARY APPROVAL, notice to the CLASS, and the expiration of the CLAIMS DEADLINE and OBJECTION/EXCLUSION DEADLINE, a FINAL APPROVAL HEARING shall be held on a date set by the COURT. In connection with the FINAL APPROVAL HEARING, the PARTIES shall file such papers with the COURT as either their counsel or the COURT may determine to be necessary. Before the FINAL APPROVAL HEARING, proof of CLASS NOTICE shall be provided by the SETTLEMENT ADMINISTRATOR to the PARTIES no later than thirty (30) days following the OBJECTION/EXCLUSION DEADLINE and such proof shall be filed prior to the FINAL APPROVAL HEARING. 22. After FINAL APPROVAL of the SETTLEMENT and this AGREEMENT is granted, the PARTIES shall obtain entry of an ORDER OF FINAL APPROVAL AND JUDGMENT. It is expressly agreed by the PARTIES that the COURT will retain jurisdiction to enforce the terms of this AGREEMENT and the ORDER OF FINAL APPROVAL AND JUDGMENT. This AGREEMENT shall be admissible to prove the SETTLEMENT. 23. The PARTIES expressly agree that, in the event: (A) The COURT does not preliminarily approve the SETTLEMENT as provided herein; (B) The COURT does not finally approve the SETTLEMENT as provided herein; (C) The COURT does not enter the ORDER OF FINAL APPROVAL AND JUDGMENT as provided herein; (D) BWW cancels the SETTLEMENT pursuant to Paragraph 15; or (E) The SETTLEMENT does not become final for any reason, this AGREEMENT shall be null and void ab initio and any order entered by the COURT in furtherance of this SETTLEMENT shall be treated as withdrawn or vacated. In such case, the PARTIES shall be returned to their respective statuses as of the date immediately prior to the execution of this AGREEMENT and the PARTIES shall proceed in all respects as if this AGREEMENT had not been executed. Notwithstanding the foregoing, neither the denial of, an appeal of, a modification of, nor a reversal on appeal of any FEE AND EXPENSE AWARD or INCENTIVE AWARD shall constitute grounds for cancellation or termination of this AGREEMENT. 24. The ADMINISTRATION COSTS shall be paid out of the SETTLEMENT FUND to the SETTLEMENT ADMINISTRATOR within ten (10) days after BWW funds the SETTLEMENT FUND, including the costs associated with sending CLASS NOTICE to the CLASS.