Final Judgment and Releases Clause Samples
Final Judgment and Releases. 5.1. Approval of this Agreement. Counsel for all Parties will jointly take all necessary and appropriate steps to secure the Court’s approval of this Agreement. The Parties intend to use their best efforts to obtain approval of the Settlement and entry of the orders contemplated herein, including, without limitation, seeking certification of a Settlement Class and the entry of preliminary and final approval orders. Settlement Class Counsel shall prepare and file motions seeking preliminary and final approval. Mowi may, but is not required to, submit a memorandum or evidence in support of preliminary or final approval. Mowi shall not be responsible for justifying to the Court the amount of any Class Representative Service Award or any Settlement Class Counsel Attorneys’ Fees and Costs Award, and Mowi shall have no obligation to provide or submit any materials to justify any such awards.
Final Judgment and Releases. 5.1. Approval of this Agreement. Settlement Class Counsel agree to use their best efforts to obtain approval of the Settlement and entry of the orders contemplated herein, including, without limitation, filing papers seeking certification of the Settlement Class for settlement purposes only and papers seeking entry of preliminary and final approval orders, and shall do nothing inconsistent therewith. Settlement Class Counsel shall prepare and file motions seeking preliminary and final approval. Bank of America may, but is not required to, submit a memorandum regarding preliminary or final approval.
5.2. By no later than fifteen (15) days after the Notice Date, Plaintiff and Settlement Class Counsel shall file a motion for final approval of the Settlement, requesting entry of the Final Order and Judgment substantially in the form of Exhibit B hereto, which shall specifically include provisions: (a) stating that the Court has personal jurisdiction over all Settlement Class Members, has subject matter jurisdiction over the claims asserted in the Lawsuit, and that venue is proper; (b) finally approving the Settlement pursuant to Federal Rule of Civil Procedure 23, and directing the Parties and Settlement Administrator to implement the Settlement pursuant to its terms, including distributing Settlement Payments to Settlement Class Members and making such other disbursements from the Settlement Consideration as provided by the Settlement Agreement; (c) finding that the Notice as distributed was the best notice practicable and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (d) finding that the Notice provided to government entities under CAFA complied with 28 U.S.C. § 1715; (e) finally certifying the Settlement Class pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3); (f) confirming that the Settlement Class Representative and the Settlement Class
5.3. By no later than fourteen (14) days before the Final Approval Hearing, the Parties shall file any responses to any Settlement Class Member objections, and any reply papers in support of the motion for final approval of the Settlement and/or in support of Settlement Class Counsel’s motion for attorneys’ fees, costs, and service award.
Final Judgment and Releases