FINAL JUDGMENT AND SETTLEMENT APPROVAL Sample Clauses

FINAL JUDGMENT AND SETTLEMENT APPROVAL. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order 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.
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FINAL JUDGMENT AND SETTLEMENT APPROVAL. This Agreement is subject to and conditioned upon (i) the issuance by this Court of the Final Approval Order and Judgment that finally certifies the Settlement Classes for the purposes of this Agreement, grants final approval of the Settlement, dismisses with prejudice the actions in the Litigation that are filed in this Court, and provides the relief specified herein, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder, and (ii) the dismissal with prejudice of the Landau action by the United States District Court for the Eastern District of Pennsylvania.
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FINAL JUDGMENT AND SETTLEMENT APPROVAL. 13.1 At the Final Approval Hearing, the Court will consider Plaintiff’s motion for 13.2 The Court at the Final Approval Hearing will determine whether to enter the Final Approval Order and Judgment granting final approval of the Settlement, and whether to approve Class Counsel’s request for Attorneys’ Fees and Costs and Plaintiff’s request for the Service Award. The proposed Final Approval Order and Judgment that will be attached to the motion shall be in a form agreed upon by Class Counsel and Defendant. Such Final Approval Order and Judgment shall, among other things: 13.2.1 Determine that the Settlement is fair, reasonable and adequate; 13.2.2 Finally certify the Settlement Class for settlement purposes only; 13.2.3 Determine that the Class Notice satisfies due process requirements; 13.2.4 Authorize all payments provided for in this Agreement; 13.2.5 Dismiss the Action with prejudice and without costs; 13.2.6 Bar and enjoin Plaintiff and all Settlement Class Members from asserting any of the Released Claims, as set forth in Section 12, including during any appeal from the Final Approval Order; 13.2.7 Release Defendant and the Released Parties from the Released Claims, as set forth in Section 12; and 13.2.8 Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including Plaintiff, Defendant, and all Settlement Class Members, to administer, supervise, construe and enforce this Agreement in accordance with its terms.
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FINAL JUDGMENT AND SETTLEMENT APPROVAL. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order 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. Court approval of Class Counsel’s Fee Award will not be a condition of the Settlement. If the Court denies, in whole or part, Class Counsel’s Application for a Fee Award, the remainder of the terms of this Agreement shall remain in effect.
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FINAL JUDGMENT AND SETTLEMENT APPROVAL. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order, in substantially the same form as the proposed Final Approval Order attached as Exhibit E, that finally certifies the Settlement Class for the purposes of this Settlement, grants final approval of the Agreement, enters final judgment dismissing this Action with prejudice, and provides all other 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. If the Court does not enter the Final Approval Order in substantially the same form as the proposed Final Approval Order attached as Exhibit E, Defendant shall have no obligation under this Agreement other than to pay the Settlement Administrator for Administration Services already performed under any agreement between Defendant and the Settlement Administrator.
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FINAL JUDGMENT AND SETTLEMENT APPROVAL. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order that, without material alteration to this Agreement or its exhibits, 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. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Defendant with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order entered by the Court that does not materially alter this Agreement.
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Related to FINAL JUDGMENT AND SETTLEMENT APPROVAL

  • 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.

  • Settlement Approval The approval of the Master Servicer need not be requested for disposition of insurance loss settlements and the Servicer may disburse the loss proceeds as provided herein.

  • 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.

  • 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.

  • 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.