Final Settlement Approval Sample Clauses
Final Settlement Approval. 4.1 No later than ten (10) business days before the Fairness Hearing, Class Counsel shall submit to the Court a mutually agreed upon motion for entry of the Final Order (Exhibit 5) in the form approved by Class Counsel and Philips, which shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Order in accordance with this Settlement Agreement. The Final Order as proposed shall provide for the following, among other things, as is necessary to carry out the Settlement consistent with applicable law and governing Plan documents:
4.1.1 Approval of the Settlement of the Released Claims covered by this Settlement Agreement adjudging the terms of the Settlement Agreement to be fair, reasonable, and adequate to the Plan and the Class Members and directing the Settling Parties to take the necessary steps to effectuate the terms of the Settlement Agreement;
4.1.2 A determination under Rule 23(c)(2) of the Federal Rules of Civil Procedure that the Settlement Notice constitutes the best notice practicable under the circumstances and that due and sufficient notice of the Fairness Hearing and the rights of all Class Members has been provided;
4.1.3 Dismissal with prejudice of the Class Action and all Released Claims asserted therein whether asserted by Class Representatives on their own behalf or on behalf of the Class Members, or derivatively to secure relief for the Plan, without costs to any of the Settling Parties other than as provided for in this Settlement Agreement, except for retention of jurisdiction to enforce Article 8 of the Settlement Agreement;
4.1.4 That each Class Member and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns, shall be (i) conclusively deemed to have, and by operation of the Final Order shall have, fully, finally, and forever settled, released, relinquished, waived, and discharged Philips, the Plan, and the Released Parties from all Released Claims, and (ii) barred and enjoined from suing Philips, the Plan, or the Released Parties in any action or proceeding alleging any of
4.1.5 That the Plan and each Class Member (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on behalf of the Plan shall be (i) conclusively deemed to have, and by...
Final 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 this Agreement and the Settlement, 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. Court approval of the Attorneys’ Fees and Costs Award will not be a condition of the Settlement. If the Court denies, in whole or part, Class Counsel’s Application for an Attorneys’ Fees and Costs Award, the remainder of the terms of this Agreement shall remain in effect.
Final Settlement Approval. The Court hereby finally approves the Settlement Agreement, 19 the exhibits, and the Settlement contemplated thereby (“Settlement”), and finds that the terms constitute, in 20 all respects, a fair, reasonable, and adequate settlement as to all Settlement Class Members in accordance 21 with Rule 23 of the Federal Rules of Civil Procedure, and directs its consummation pursuant to its terms 22 and conditions.
Final Settlement Approval. This Settlement Agreement shall become final upon the occurrence of all of the following three events:
Final Settlement Approval. The Court fully and finally approves the Settlement, and finds that the Settlement is, in all respects, fair, reasonable, and adequate, and in the best interests of all Persons interested in Stanford, including but not limited to any Person who has ever held a certificate of deposit, CD, depository account, or investment with Stanford (“Claimant”), the Receiver, the Antiguan Liquidators, Stanford, the Committee and its members, and any SIPC trustee or other trustee whose appointment encompasses any matter related to any Stanford Person (collectively, “Interested Parties”). The Court approves the documents submitted to the Court in connection with the implementation of the Settlement. The Court finds that the Parties and their counsel have at all times complied with the requirements of Rule 11 of the Federal Rules of Civil Procedure. The Parties are directed to implement and consummate the Settlement in accordance with the terms and provisions of the Agreement, unless and until Kroll terminates the Agreement and the Settlement pursuant to Section XIV of the Agreement.
Final Settlement Approval. Pursuant to, and in accordance with, Rule 23 of the 11 Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Agreement in all respects including, without limitation, the terms of the Settlement; 14 the releases provided for therein; and the dismissal with prejudice of the claims asserted in the 15 Action, and finds that the Settlement is, in all respects, fair, reasonable and adequate, and is in the 16 best interests of Plaintiffs and the Class. The Parties are directed to implement, perform and 17 consummate the Settlement in accordance with the terms and provisions of the Agreement.
Final Settlement Approval. 4.1 No later than ten (10) business days before the Fairness Hearing, Class Counsel and Defense Counsel shall submit to the Court a mutually agreed upon motion for entry of
4.1.1 Approval of the Settlement of the Released Claims covered by this Settlement Agreement adjudging the terms of the Settlement Agreement to be fair, reasonable, and adequate to the Plans and the Class, and directing the Settling Parties to take the necessary steps to effectuate the terms of the Settlement Agreement;
4.1.2 A determination under Federal Rule of Civil Procedure 23(e) that the Settlement Notice constitutes reasonable and appropriate notice under the circumstances, and that due and sufficient notice of the Fairness Hearing and the rights of all Class Members has been provided;
Final Settlement Approval. To the extent the Court finds it necessary, a hearing shall be held for the purpose of entering the Final Approval Order and entry of Judgment approving this Settlement Agreement and releasing the claims of the Final Settlement Class. The date of the hearing shall be set by the Court and notice of such shall be provided to Settlement Class Members in the Class Notice, although such hearing may be continued by the Court without further notice to Settlement Class Members. If no objections are filed, the Court may determine that a hearing is not necessary and may enter the Final Approval Order and Judgment without further hearing as it deems appropriate.
Final Settlement Approval. No later than twenty-eight (28) days before the Fairness Hearing, or at such other time required by the Court, ▇▇▇▇▇▇ shall prepare and file an application seeking an Order from the Court finally approving of this Agreement as fair, reasonable, and adequate. Slendertone shall join in or indicate its non-opposition to the motion.
Final Settlement Approval. The terms and provisions of the proposed settlement and Settlement Agreement, including all exhibits, have been entered into in good faith and are hereby fully and finally approved as fair, reasonable, and adequate as to, and in the best interests of, each of the Parties and the Class Members, and in full compliance with all applicable requirements of the Federal Rules of Civil Procedure, the Class Action Fairness Act (P.L. 109-2), the United States Constitution (including the Due Process Clause), and any other applicable law. The settlement is approved and all objections to the settlement are overruled as without merit. The Parties and Class Members are hereby directed to implement and consummate the Settlement Agreement according to its terms and provisions. New Balance shall take all steps necessary and appropriate to provide Class Members with the benefits to which they are entitled under the terms of the Settlement Agreement.