Common use of Final Approval Order and Final Judgment Clause in Contracts

Final Approval Order and Final Judgment. 93. Plaintiff shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees and Costs, no later than (thirty) 30 days before the initial date set for the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Motion for Final Approval of the Settlement and Application for Attorneys’ Fees and Costs. In the Court’s discretion, the Court will also hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees and Costs, provided the objectors submitted timely objections that meet all the requirements listed in this Agreement. 94. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order and final judgment thereon, and whether to grant the Application for Attorneys’ Fees and Costs. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program satisfies Due Process requirements; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including Defendant, Plaintiff, all Settlement Class Members, and all objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.

Final Approval Order and Final Judgment. 93104. Plaintiff Plaintiffs shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees and Costs, Settlement no later than (thirty) 30 14 days before the initial original date set for the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Plaintiffs’ Motion for Final Approval of the Settlement and Application for Attorneys’ Fees Fees, Costs, and CostsService Awards. In the Court’s discretion, the Court also will also hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards, provided the objectors submitted timely objections that meet all of the requirements listed in this the Agreement. 94. 105. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order and final judgment thereon, and whether to grant the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program satisfies Due Process requirements; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; bar and enjoin all Releasing Parties from pursuing any Released Claims against Released Parties at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including Defendant, PlaintiffPlaintiffs, all Settlement Class Members, and all objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.

Final Approval Order and Final Judgment. 931. Plaintiff shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards, no later than (thirty) 30 21-days before the initial date set for the scheduled Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on consider Plaintiff’s Motion for Final Approval of the Settlement and Application for Attorneys’ Fees Fees, Costs, and CostsService Award. In the Court’s discretion, the Court also will also hear argument consider at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees Fees, Costs, and CostsService Award, provided the objectors submitted timely objections that meet all of the requirements listed in this the Agreement. 942. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order and final judgment thereon, and whether to grant the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program satisfies was disseminated in accordance with the requirements of Due Process requirementsProcess; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including Defendant, Plaintiff, and all Settlement Class Members, and all objectorsMembers who do not timely request exclusion, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.

Final Approval Order and Final Judgment. 9376. Plaintiff’s Motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled Final Approval Hearing date, time, and location. Plaintiff shall file their his Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees and Costs, Settlement no later than (thirty) 30 45 days before the initial original date set for the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s the Motion for Final Approval of and the Settlement and Application for Attorneys’ Fees Fees, Costs and CostsService Award. In the Court’s discretion, the Court also will also hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to or the Application for Attorneys’ Fees and Fees, Costs, provided and Service Award. If the objectors submitted timely objections date or location of the Final Approval Hearing changes, that meet all information will be included on the requirements listed in this AgreementSettlement Website for the Settlement Class’s benefit. 9477. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order granting Final Approval of the Settlement and final judgment thereon, and whether to grant approve the Application for Attorneys’ Fees Fees, Costs, and CostsService Award. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate adequate, and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program provided satisfies Fed. R. Civ. P. 23 and Due Process requirements; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims; bar and enjoin all Releasing Parties from pursuing any Released Claims against the Released Parties at any time and in any jurisdictiontime, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including Defendant, Plaintiff, all Settlement Class Members, and all objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.

Final Approval Order and Final Judgment. 93. Plaintiff shall file their Motion for a. The Named Plaintiffs and Plaintiffs’ Counsel agree that they will request the Court to enter, after the hearing on final approval of this Agreement, a Final Approval Order substantially in the form attached as Exhibit C. In accordance with Exhibit C, the Final Approval Order will certify the Preferred Trusts Settlement Class and find that the Settlement and this Agreement are fair, reasonable, and adequate and in the best interests of the Settlement, inclusive Preferred Trusts Settlement Class and the Trust Investors. The Final Approval Order will require the Parties to carry out the provisions of this Agreement. b. The Named Plaintiffs and Plaintiffs’ Counsel agree that they will request the Application for Attorneys’ Fees and Costs, no later than (thirty) 30 days before Court to enter a Final Judgment in the initial date set for Litigation in a form substantially the same as that attached as Exhibit D after the Final Approval Hearing. At In accordance with Exhibit D, the Final Approval HearingJudgment will dismiss all petitions, the Court will hear argument on Plaintiff’s Motion for Final Approval complaints, claims and motions of the Settlement and Application for Attorneys’ Fees and Costs. In Named Plaintiffs on behalf of the Court’s discretion, the Court will also hear argument at the Final Approval Hearing from any Preferred Trusts Settlement Class Members (or their counsel) who object pending against the Settling Defendants in the Litigation on the merits and with prejudice as to the Releasors, declare that the Preferred Trusts Settlement Class Members are bound by the Releases set forth in Paragraph 6 of this Agreement as of the Effective Date, find and/or conclude that the Non-Preferred Trusts Plaintiff Borrowers cannot recover any damages, penalties or other relief from the Settling Defendants with respect to the Application for Attorneys’ Fees and CostsPCC Loans because the PCC Loans of the Non-Plaintiff Preferred Trusts Borrowers are not PCC-Preferred Trusts Loans (which finding and/or conclusion shall not be deemed a holding that the Non-Preferred Trusts Plaintiff Borrowers have released any claims of any kind or type with respect to the PCC Loans), provided the objectors submitted timely objections that meet all the requirements listed in this Agreement. 94. At or following the Final Approval Hearing, contain an express determination by the Court will determine whether to enter the Final Approval Order that “there is no just reason for delay,” and final judgment thereon, and whether to grant the Application for Attorneys’ Fees and Costs. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program satisfies Due Process requirements; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain reserve continuing jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including Defendantthe administration and distribution of the Settlement Funds and, Plaintiffif necessary, all vacating and/or setting aside the Final Judgment in the event the Settlement Class Members, and all objectors, does not (or cannot) become effective pursuant to administer, supervise, construe, and enforce this Agreement in accordance with its termsParagraph 13 below.

Final Approval Order and Final Judgment. 93104. Plaintiff Plaintiffs shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards, no later than (thirty) 30 45 days before the initial original date set for the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Plaintiffs’ Motion for Final Approval of the Settlement and Application for Attorneys’ Fees Fees, Costs and CostsService Awards. In the Court’s discretion, the Court will also hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards, provided the objectors submitted timely objections that meet all of the requirements listed in this Agreement. 94. 105. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order and final judgment thereon, and whether to grant the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program satisfies Due Process requirements; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant Sovos, Sovos’ Customers, and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including DefendantSovos, PlaintiffPlaintiffs, all Settlement Class Members, and all objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.

Final Approval Order and Final Judgment. 9397. Plaintiff Plaintiffs shall file their Motion for Final Approval of the Settlement, inclusive of the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards, no later than (thirty) 30 45 days before the initial original date set for the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Plaintiffs’ Motion for Final Approval of the Settlement and Application for Attorneys’ Fees Fees, Costs and CostsService Awards. In the Court’s discretion, the Court will also hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement and/or to the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards, provided the objectors submitted timely objections that meet all of the requirements listed in this Agreement. 9498. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order and final judgment thereon, and whether to grant the Application for Attorneys’ Fees Fees, Costs, and CostsService Awards. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, adequate and reasonable; b. Finally certify the Settlement Class for settlement purposes only; c. Determine that the Notice Program satisfies Due Process requirements; d. Bar and enjoin all Releasing Parties from asserting or otherwise pursuing any of the Released Claims at any time and in any jurisdiction, including during any appeal from the Final Approval Order; and retain jurisdiction over the enforcement of the Court’s injunctions; e. Release Defendant PHL and the other Released Parties from the Released Claims; and f. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including DefendantPHL, PlaintiffPlaintiffs, all Settlement Class Members, and all objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms.