Common use of Final Order and Judgment Clause in Contracts

Final Order and Judgment. Before the Fairness Hearing, and assuming no exercise of the Termination Clause in Section 3.8(c) of this Agreement, Plaintiffs must apply for Court approval of a proposed Final Order Approving Class Action Settlement and Judgment, substantially similar to the form attached hereto as Exhibit 7. Subject to the Court’s approval, the Final Order Approving Class Action Settlement and Judgment shall, among other things: (a) finally approve the Agreement and Settlement; (b) finally certify the Class for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(b)(3); (c) find that the notice and the notice dissemination methodology complied with the Settlement Agreement, Federal Rule of Civil Procedure 23, and the Due Process Clause of the United States Constitution; (d) issue orders related to the relief provided for in the Settlement Agreement, including injunctive relief, payment of Authorized Claimants and/or cy pres distribution, payment of Incentive Awards, and payment of Class Counsel’s Fees and Costs; (e) incorporate the releases set forth in Section 5 of this Settlement Agreement; (f) dismiss the Action with prejudice; and (g) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Final Judgment, and for any other necessary purpose.

Appears in 4 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Final Order and Judgment. Before the Fairness Hearing, and assuming no exercise of the Termination Clause in Section 3.8(c) of this Agreement, Plaintiffs must apply for Court approval of a proposed Final Order Approving Class Action Settlement and Judgment, substantially similar to the form forms attached hereto as Exhibit 7Exhibits F and G, respectively. Subject to the Court’s approval, the Final Order Approving Class Action Settlement and Judgment shall, among other things: (a) finally approve the Settlement Agreement as fair, reasonable and Settlementadequate; (b) finally certify the Class for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(b)(3); (c) find that the notice and the notice dissemination methodology complied with the Settlement Agreement, Federal Rule of Civil Procedure 23, and the Due Process Clause of the United States Constitution; (d) issue orders related to the relief provided for in the Settlement Agreement, including injunctive reliefdistribution of the Vouchers, payment of Authorized Claimants and/or cy pres distribution, payment of Incentive Plaintiffs’ Individual Settlement Awards, and payment of Class Counsel’s Fees fees and Costscosts; (e) incorporate the releases set forth in Section 5 of this the Settlement Agreement; (f) dismiss the Action with prejudice; and (ga) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Final Judgment, and for any other necessary purpose.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Final Order and Judgment. Before the Fairness Hearing, and assuming no exercise of the Termination Clause in Section 3.8(c) of this Agreement, Plaintiffs must apply for Court approval of a proposed Final Order Approving Class Action Settlement and Judgment, substantially similar to the form forms attached hereto as Exhibit 7Exhibits F and G, respectively. Subject to the Court’s approval, the Final Order Approving Class Action Settlement and Judgment shall, among other things: (a) finally approve the Settlement Agreement as fair, reasonable and Settlementadequate; (b) finally certify the Class for settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(b)(3); (c) find that the notice and the notice dissemination methodology complied with the Settlement Agreement, Federal Rule of Civil Procedure 23, and the Due Process Clause of the United States Constitution; (d) issue orders related to the relief provided for in the Settlement Agreement, including injunctive reliefdistribution of the Vouchers, payment of Authorized Claimants and/or cy pres distribution, payment of Incentive Plaintiffs’ Individual Settlement Awards, and payment of Class Counsel’s Fees fees and Costscosts; (e) incorporate the releases set forth in Section 5 of this the Settlement Agreement; (f) dismiss the Action with prejudice; and (ga) retain jurisdiction over the Action and the Parties relating to the administration, consummation, and/or enforcement of the Agreement and/or the Final Order and Final Judgment, and for any other necessary purpose. Class Counsel must also draft the motion papers and give TCP’s Counsel drafts of the motion and proposed order to review at least ten (10) calendar days before the motion’s filing and service date/deadline. TCP shall be permitted, but not required, to file its own brief or statement of non- opposition in support of the Final Order and Judgment.

Appears in 1 contract

Sources: Settlement Agreement