Common use of Final Approval and Judgment Clause in Contracts

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. 1. No i. Class Counsel will file a Motion for Final Approval of Settlement no later than fifty ten (5010) days prior before the scheduled fairness hearing. ii. The Parties agree that they will request the Court to enter the Fairness Final Approval Order after the Final Approval Hearing, which shall take place as soon as practicable following the Settling Parties shall jointly apply expiration of the opt-out deadline and the deadline for Class Members to file objections (but not earlier than one hundred and fifteen (115) calendar days after the Court for a Judgmentdate of the Preliminary Approval Order). The Final Approval Order will, substantially in the form attached hereto as Exhibit E, which shall, among other things: inter alia: (a) Find that approve this Amended Agreement as presented and without modification (except insofar as the Court has personal jurisdiction over all Class Members and that the Court has subject matter jurisdiction Parties have agreed 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; such modification); (b) Approve find that the Settlement embodied in settlement and this Settlement Amended Agreement as is fair, reasonable and just, equitable, reasonable, 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 Settlement Class; and the Class Members; (c) Direct direct the Settling Parties and their counsel to implement and consummate this Settlement the Amended Agreement according in accordance with its terms. Entry of the Final Approval Order shall not be conditioned or ▇▇▇▇▇▇▇.▇▇ the Court's failure to its terms and provisions and approve the documents submitted an attorneys' fees payment to Class Counsel. iii. The Parties agree that they will request the Court in connection to enter, after the Final Approval Hearing, the Judgment. The Judgment will, inter alia: 1. dismiss with implementation of this Settlement Agreement; (d) Declare this Settlement Agreement, as to prejudice all claims that have or could have been raised against Defendants in the Action, including Released Claims, to be binding on the Representative Plaintiffs and all other Class Members, without fees or costs except as well as all Releasees and Releasorsprovided in this Amended Agreement; (e) Find 2. declare that the Notice, Class Notice fully complies with the Summary Notice and the notice methodology implemented pursuant to this Settlement Agreement (i) constituted requirements of due process; constitutes the best notice 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, is due and sufficient notice to all persons or entities Persons entitled to receive notice of the settlement in this Action; 3. declare that Plaintiffs and the Class Members who have not opted out are bound by this Amended Agreement, including the release of claims set forth herein; 4. permanently enjoin Plaintiffs and the Class Members who have not opted out from prosecuting any Released Claims against the Released Parties; and (iv) met all applicable requirements 5. reserve continuing jurisdiction over the construction, interpretation, implementation, and enforcement of this Amended Agreement and over the administration and distribution 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;Settlement Payments.