FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT Clause Samples

FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Judgment and Order Approving Settlement that finally certifies the Settlement Class for the purposes of this Settlement, grants final approval of the Agreement, and provides the relief specified herein, which relief shall be subject to the terms and conditions of the Agreement and the Parties’ performance of their continuing rights and obligations hereunder.
View SourceView Similar (3)
FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT. A. This Agreement is subject to and conditioned upon: (1) the issuance by the Court of the Final Judgment and Order Approving Settlement that finally certifies the Settlement Class for purposes of settlement only, grants final approval of the Settlement, and provides the relief specified in this Agreement, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder; (2) the occurrence of the Effective Date; and (3) the Parties’ performance of their continuing rights and obligations hereunder. B. The Final Judgment and Order Approving Settlement shall be substantially in the form to be agreed upon by the Parties and shall: 1. Confirm the final certification, for settlement purposes only, of the Settlement Class; 2. Confirm the compliance of the Settlement Class with all requirements of Missouri Rule of Civil Procedure 52.08, including confirmation of the adequacy of Class Counsel and the representation of Class Representative as representative of the Settlement Class; 3. Confirm that the Notice Plan complied in all respects with the requirements of due process and Missouri Rule of Civil Procedure 52.08(c)(2) by providing due, adequate, and sufficient notice to the Settlement Class; 4. Determine that the Agreement is entered into in good faith, is reasonable, fair, and adequate, and is in the best interests of the Settlement Class; 5. Decree that neither the Final Judgment and Order Approving Settlement nor this Agreement constitutes an admission by Defendants of any liability or wrongdoing whatsoever; 6. Release each Released Party from the Released Claims as provided in the Agreement; 7. Bar and enjoin all Releasing Parties from asserting against any Released Party any Released Claim and bar and enjoin all Settlement Class Members who did not opt-out from initiating or pursuing any claim or action barred by this Settlement and Agreement and release contained herein; 8. Incorporate or refer to the Release set forth in this Agreement and make the Release effective upon the Effective Date; 9. Retain the Court’s continuing and exclusive jurisdiction over the Parties to the Agreement, including all Settlement Class Members, to construe and enforce the Agreement in accordance with its terms for the mutual benefit of the Parties; and 10. Dismiss the Action with prejudice.
View SourceView Similar (2)
FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT. If this Agreement is preliminarily approved by the Court, the Parties shall jointly request at the Final Approval Hearing that the Court enter final judgment (“Final Judgment and Order Approving Settlement”). A copy of the proposed Final Judgment and Order Approving Settlement agreed to by the Parties is attached hereto as Exhibit H and incorporated by reference herein. If Final Approval for the Settlement Class is not granted the Parties then shall jointly request that the Court enter Final Judgment and Order approving settlement of the California Settlement Class. The Final Judgment and Order Approving Settlement shall be deemed final and non- appealable: (i) 60 days after it is entered if no document is filed (except by Defendant or Class Counsel pertaining exclusively to attorneys’ fees and costs) within that time seeking appeal, review, rehearing, reconsideration or any other action regarding that judgment and order; (ii) if any such document is filed (except by Defendant’s or Class Counsel pertaining exclusively to attorneys’ fees and costs), then 14 days after the date upon which all appellate and/or other proceedings resulting from such document have been finally terminated in such a manner as to permit no further judicial action, and with the Agreement, Preliminary Approval Order, and Final Judgment and Order being affirmed and approved in all material respects. The Final Judgment and Order shall be deemed affirmed and approved provided that at least one of the Settlement Classes is affirmed and approved and the Final Judgment and Order is otherwise approved in all material respects. In the event that (i) the Agreement, Preliminary Approval Order, and Final Judgment and Order are not approved in all material respects, and as set forth in this Settlement Agreement, by the Court, or (ii) the Settlement Agreement, Preliminary Approval Order or Final Judgment and Order is reversed, vacated or modified in any material respect from what is set forth in this Agreement, or (iii) the Court conditions preliminary or final approval of any change not previously agreed to or consented to by the Parties, then the Settlement Agreement shall become null and void, the Action may continue, and any and all orders entered pursuant to the Settlement Agreement shall be deemed vacated, including without limitation, any order certifying or approving certification of a class for settlement purposes. With respect to the foregoing sentence, the Agreement, Preliminary Approv...
View Source

Related to FINAL JUDGMENT AND ORDER APPROVING SETTLEMENT

  • Appellate Court Orders to Vacate, Reverse, or Materially Modify Judgment If the reviewing Court vacates, reverses, or modifies the Judgment in a manner that requires a material modification of this Agreement (including, but not limited to, the scope of release to be granted by Class Members), this Agreement shall be null and void. The Parties shall nevertheless expeditiously work together in good faith to address the appellate court’s concerns and to obtain Final Approval and entry of Judgment, sharing, on a 50-50 basis, any additional Administration Expenses reasonably incurred after remittitur. An appellate decision to vacate, reverse, or modify the Court’s award of the Class Representative Service Payment or any payments to Class Counsel shall not constitute a material modification of the Judgment within the meaning of this paragraph, as long as the Gross Settlement Amount remains unchanged.

  • AMENDED JUDGMENT If any amended judgment is required under Code of Civil Procedure section 384, the Parties will work together in good faith to jointly submit and a proposed amended judgment.

  • Final Judgment The Arbitration Award shall be final and binding upon the parties thereto and shall be the sole and exclusive remedy between such parties relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrators. Judgment upon the Arbitration Award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no application or appeal to any court of competent jurisdiction may be made in connection with any question of law arising in the course of arbitration or with respect to any award made except for actions relating to enforcement of this agreement to arbitrate or any arbitral award issued hereunder and except for actions seeking interim or other provisional relief in aid of arbitration proceedings in any court of competent jurisdiction.

  • Final Judgments or Orders Any final judgments or orders for the payment of money in excess of $5,000,000 in the aggregate shall be entered against any Loan Party by a court having jurisdiction in the premises, which judgment is not discharged, vacated, bonded or stayed pending appeal within a period of thirty (30) days from the date of entry;

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.