Common use of Final Approval Clause in Contracts

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms shall not oppose and with which it shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms has provided the appropriate notice pursuant to CAFA; e. orders that all claims made against ▇▇▇▇▇▇▇▇▇ Farms in the Action, including in all class action complaints asserted by the Class Plaintiffs, are dismissed with prejudice and without further costs or fees; f. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. enjoins Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. requires Interim Co-Lead Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ Counsel; i. incorporates the release set forth in Section II(B)(2) of this Agreement and makes that release effective as of the Effective Date as to the Class Plaintiffs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms shall be final and entered forthwith, and stating: i. Final judgment as to the Action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farms; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and l. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Settling Defendants shall not oppose and with in which it they shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms has provided the appropriate notice pursuant to CAFA; e. c. orders that all claims made against ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendants in the Action, including in all class action complaints asserted by the Class Plaintiffs, are Action be dismissed with prejudice and without further costs or fees; f. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. enjoins d. requires Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. requires Interim Co-Lead Counsel to file with the clerk Clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ FarmsSettling Defendants’ Counsel; i. e. incorporates the release Release set forth in Section II(B)(2) of this Agreement and makes that release the Release effective as of the Effective Date as to the Class Plaintiffs EUCPs and all Settlement Class Members that were did not file a timely and validly excluded from the Settlement Classnotice for exclusion; j. f. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendants shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farmsthe Settling Defendants; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. g. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. h. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Settling Defendant shall not oppose and with in which it shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms has provided the appropriate notice pursuant to CAFA; e. c. orders that all claims made against ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendant in the Action, including in all class action complaints asserted by the Class Plaintiffs, are Action be dismissed with prejudice and without further costs or fees; f. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. enjoins d. requires Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. requires Interim Co-Lead Counsel to file with the clerk Clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ Settling Defendant’s Counsel; i. e. incorporates the release Release set forth in Section II(B)(2) of this Agreement and makes that release the Release effective as of the Effective Date as to the Class Plaintiffs EUCPs and all Settlement Class Members that were did not file a timely and validly excluded from the Settlement Classnotice for exclusion; j. f. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendant shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farmsthe Settling Defendant; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. g. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. h. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class and Class Counsel shall seek entry of an Order and Final Judgment. A reasonable time before filing such motion, which ▇▇▇▇▇▇▇▇▇ Farms Class Counsel shall not oppose and provide the Settling Defendant’s Counsel with which it shall reasonably cooperate, a draft of such motion for review. To the extent that inter alia:Mar-Jac objects to any aspect a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions, without material modification of those terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms has provided the appropriate notice pursuant to CAFA; e. c. orders that all claims Claims made against ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendant in the Action, including in all class action complaints asserted by the Class Plaintiffs, are Action be dismissed with prejudice and without further costs or fees; f. discharges d. requires Class Counsel to file with the Clerk of Court a record of potential Class Members that timely excluded themselves from the Class, and releases to provide a copy of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreementrecord to Settling Defendant’s Counsel; g. e. incorporates the Release set forth in this Agreement and makes the Release effective as of the Effective Date as to the EUCPs and all Class Members that did not file a timely notice for exclusion; f. enjoins Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; g. confirms that Settling Defendant has provided the appropriate notice pursuant to CAFA; h. requires Interim Co-Lead Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ Counsel; i. incorporates the release set forth in Section II(B)(2) of this Agreement and makes that release effective as of the Effective Date as to the Class Plaintiffs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendant shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farmsthe Settling Defendant; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. i. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. ▇. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇Farms shall not oppose and with in which it shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. c. confirms that ▇▇▇▇▇▇▇▇Farms has provided the appropriate notice pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. (“CAFA”); e. d. orders that all claims made against ▇▇▇▇▇▇▇▇Farms in the Action, including in all class action complaints asserted by the Class PlaintiffsEUCPs, are dismissed with prejudice and without further costs or fees; f. e. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. f. enjoins Class Plaintiffs EUCPs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. g. requires Interim Co-Lead Class Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇Farms’ Counsel; i. h. incorporates the release releases set forth in Section II(B)(2) of this Agreement and makes that release the releases effective as of the Effective Date as to the Class Plaintiffs EUCPs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. i. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇Farms shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farms; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. j. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. k. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇Farms shall not oppose and with in which it shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. c. confirms that ▇▇▇▇▇▇▇▇Farms has provided the appropriate notice pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. (“CAFA”); e. d. orders that all claims made against ▇▇▇▇▇▇▇▇Farms in the Action, including in all class action complaints asserted by the Class PlaintiffsEUCPs, are dismissed with prejudice and without further costs or fees; f. e. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. f. enjoins Class Plaintiffs EUCPs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. g. requires Interim Co-Lead Class Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇Farms’ Counsel; i. h. incorporates the release releases set forth in Section II(B)(2) of this Agreement and makes that release the releases effective as of the Effective Date as to the Class Plaintiffs EUCPs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. i. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇Farms shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farms; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. j. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. ▇. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Settling Defendants shall not oppose and with in which it they shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms has provided the appropriate notice pursuant to CAFA; e. c. orders that all claims made against ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendants in the Action, including in all class action complaints asserted by the Class Plaintiffs, are Action be dismissed with prejudice and without further costs or fees; f. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. enjoins Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. d. requires Interim Co-Lead Counsel to file with the clerk Clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ Counselcounsel for Settling Defendants; i. e. incorporates the release Release set forth in Section II(B)(2) of this Agreement and makes that release the Release effective as of the Effective Date as to the Class Plaintiffs DPPs and all Settlement Class Members class members that were did not file a timely and validly excluded from the Settlement Classnotice for exclusion; j. f. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendants shall be final and entered forthwith, and stating: i. Final judgment as to the Action DPP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farmsthe Settling Defendants; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. g. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. h. orders that Settlement Funds funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Case shall not oppose and with which it shall reasonably cooperate, that that, inter alia: a. certifies the Settlement Class described in Section II(F)(3)) above, pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms Case has provided the appropriate notice pursuant to CAFA; e. orders that Case, and all claims made against ▇▇▇▇▇▇▇▇▇ Farms Case in the Action, including in all class action complaints asserted by the Class Plaintiffs, are dismissed with prejudice and without further costs or fees; f. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Case Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. enjoins Class Plaintiffs and all Settlement Class Members from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Case Released Parties for any of the Released Claims; h. requires Interim Co-Lead Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ Case’s Counsel; i. incorporates the release set forth in Section II(B)(2II(B) above of this Agreement and makes that release effective as of the Effective Date as to the Class Plaintiffs and all Settlement Class Members that who were not timely and validly properly excluded from the Settlement Class; j. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms Case shall be final and entered forthwith, and stating: i. Final judgment as to the Action is entered in favor of ▇▇▇▇▇▇▇▇▇ FarmsCase; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Case Released Parties on any Released Claim of a Settlement Class Member that did who was not file a timely notice for exclusionand properly excluded from the Settlement Class. k. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and l. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Tyson shall not oppose and with in which it shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. c. confirms that ▇▇▇▇▇▇▇▇▇ Farms Tyson has provided the appropriate notice pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. (“CAFA”); e. d. orders that all claims made against ▇▇▇▇▇▇▇▇▇ Farms Tyson in the Action, including in all class action complaints asserted by the Class PlaintiffsEUCPs, are dismissed with prejudice and without further costs or fees; f. e. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. f. enjoins Class Plaintiffs EUCPs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; h. g. requires Interim Co-Lead Class Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇Farms’ Counsel; i. h. incorporates the release releases set forth in Section II(B)(2) of this Agreement and makes that release the releases effective as of the Effective Date as to the Class Plaintiffs EUCPs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. i. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms Tyson shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ FarmsTyson; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. j. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. ▇. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class and Class Counsel shall seek entry of an Order and Final Judgment. A reasonable time before filing such motion, which ▇▇▇▇▇▇▇▇▇ Farms Class Counsel shall not oppose and provide the Settling Defendant’s Counsel with which it shall reasonably cooperate, a draft of such motion for review. To the extent that inter alia:Mar-Jac objects to any aspect a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions, without material modification of those terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇▇ Farms has provided the appropriate notice pursuant to CAFA; e. c. orders that all claims Claims made against ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendant in the Action, including in all class action complaints asserted by the Class Plaintiffs, are Action be dismissed with prejudice and without further costs or fees; f. discharges d. requires Class Counsel to file with the Clerk of Court a record of potential Class Members that timely excluded themselves from the Class, and releases to provide a copy of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreementrecord to Settling Defendant’s Counsel; g. e. incorporates the Release set forth in this Agreement and makes the Release effective as of the Effective Date as to the EUCPs and all Class Members that did not file a timely notice for exclusion; f. enjoins Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties for any of the Released Claims; g. confirms that Settling Defendant has provided the appropriate notice pursuant to CAFA; h. requires Interim Co-Lead Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ Counsel; i. incorporates the release set forth in Section II(B)(2) of this Agreement and makes that release effective as of the Effective Date as to the Class Plaintiffs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms the Settling Defendant shall be final and entered forthwith, and stating: i. Final judgment as to the Action EUCP action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farmsthe Settling Defendant; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. i. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and; l. j. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Koch shall not oppose and with which it shall reasonably cooperate, that that, inter alia: a. certifies the Settlement Class described in Section II(F)(3)) above, pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. confirms that ▇▇▇▇▇▇▇▇Farms has provided the appropriate notice pursuant to CAFA; e. orders that ▇▇▇▇, and all claims made against ▇▇▇▇▇▇▇▇Farms in the Action, including in all class action complaints asserted by the Class Plaintiffs, are dismissed with prejudice and without further costs or fees; f. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Koch Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. enjoins Class Plaintiffs and all Settlement Class Members from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇Farms Released Parties for any of the Released Claims; h. requires Interim Co-Lead Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇Farms’ Counsel; i. incorporates the release set forth in Section II(B)(2II(B) above of this Agreement and makes that release effective as of the Effective Date as to the Class Plaintiffs and all Settlement Class Members that who were not timely and validly properly excluded from the Settlement Class; j. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇Farms shall be final and entered forthwith, and stating: i. Final judgment as to the Action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farms; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇Farms Released Parties on any Released Claim of a Settlement Class Member that did who was not file a timely notice for exclusionand properly excluded from the Settlement Class. k. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and l. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement

Final Approval. If this Settlement Agreement is preliminarily approved by the Court, the Settlement Class shall seek entry of an Order and Final Judgment, which ▇▇▇▇▇▇▇▇▇ Farms Peco shall not oppose and with in which it shall reasonably cooperate, that inter alia: a. certifies the Settlement Class described in Section II(F)(3), pursuant to Rule 23 of the Federal Rules of Civil Procedure, for purposes of this settlement as a settlement class; b. finally approves this Settlement Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms and conditions; c. b. determines that the Settlement Class Notice constituted, under the circumstances, the most effective and practicable notice of this Settlement Agreement and the Fairness Hearing, and constituted due and sufficient notice for all other purposes to all Persons entitled to receive notice; d. c. confirms that ▇▇▇▇▇▇▇▇▇ Farms Peco has provided the appropriate notice pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. (“CAFA”); e. d. orders that all claims made against ▇▇▇▇▇▇▇▇▇ Farms Peco in the Action, including in all class action complaints asserted by the Class Plaintiffs, are dismissed with prejudice and without further costs or fees; f. e. discharges and releases the ▇▇▇▇▇▇▇▇▇ Farms Peco Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; g. f. enjoins Class Plaintiffs from suing, directly or indirectly, any of the ▇▇▇▇▇▇▇▇▇ Farms Peco Released Parties for any of the Released Claims; h. g. requires Interim Co-Lead Counsel to file with the clerk of the Court a record of potential Settlement Class Members that timely excluded themselves from the Settlement Class, and to provide a copy of the record to ▇▇▇▇▇▇▇▇▇ Farms’ ’s Counsel; i. h. incorporates the release set forth in Section II(B)(2) of this Agreement and makes that release effective as of the Effective Date as to the Class Plaintiffs and all Settlement Class Members that were not timely and validly excluded from the Settlement Class; j. i. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to ▇▇▇▇▇▇▇▇▇ Farms Peco shall be final and entered forthwith, and stating: i. Final judgment as to the Action is entered in favor of ▇▇▇▇▇▇▇▇▇ Farms; and ii. Final judgment is granted in favor of the ▇▇▇▇▇▇▇▇▇ Farms Peco Released Parties on any Released Claim of a Settlement Class Member that did not file a timely notice for exclusion. k. j. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; and l. k. orders that Settlement Funds may be disbursed as provided in the Final Approval Order or other order of the Court.

Appears in 1 contract

Sources: Settlement Agreement