Common use of Motion for Final Approval and Entry of Final Judgment Clause in Contracts

Motion for Final Approval and Entry of Final Judgment. If the Court certifies the Indirect Purchaser Class for purposes of settlement and preliminarily approves the Settlement, Plaintiffs shall submit a motion for final approval of this Settlement by the Court, after appropriate notice to the Indirect Purchaser Class, and shall seek entry of a Final Judgment and Order substantially in the form attached hereto as Exhibit C, with any additional findings of fact and conclusions of law (the “Final Order and Judgment”), at a final-approval hearing that the Indirect Purchaser Class shall seek to have set for no sooner than the latter of (i) 60 days after the opt out deadline, and (ii) 15 days after the Court resolves any disputes regarding the amount of the total Draw Down: a. finding this Settlement Agreement and its terms to be a fair, reasonable, and adequate settlement as to Plaintiffs and the members of the Indirect Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms; b. providing for payment of reasonable attorneys’ fees and reimbursement of the costs and expenses from the Settlement Fund (as defined below); c. providing for payment solely from the Settlement Fund of incentive awards to the named Plaintiffs in addition to whatever monies they will receive from the Settlement Fund pursuant to a Court-approved plan of allocation; d. directing that the Indirect Purchaser Class Action be dismissed with prejudice as to Defendants and, except as provided for herein, without attorneys’ fees or costs recoverable under 15 U.S.C. §15(a) or similar state statutes; e. reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 5, the administration and consummation of this Settlement, the award of attorneys’ fees and reimbursement of costs and expenses, and the payment of incentive awards to each of the named Plaintiffs, if allowed by the Court; and f. directing that the judgment of dismissal of all Indirect Purchaser Class claims against Defendants shall be final and appealable pursuant to Fed. R. Civ. P. 54(b), there being no just reason for delay.

Motion for Final Approval and Entry of Final Judgment. If the Court certifies the Indirect Purchaser Class for purposes of settlement and preliminarily approves the Settlementthis Settlement Agreement, Plaintiffs shall submit a motion for final approval of this Settlement by the Court, after appropriate notice to the Indirect Purchaser Class, and shall seek entry of a Final Judgment and Order substantially in the form attached hereto as Exhibit C, with any additional findings of fact and conclusions of law C (the “Final Order Judgment and JudgmentOrder”), at a final-approval hearing that the Indirect Purchaser Class shall seek to have set for no sooner than the latter of (i) 60 days after the opt out deadline, and (ii) 15 days after the Court resolves any disputes regarding the amount of the total Draw Down:): a. finding this Settlement Agreement and its terms to be as being a fair, reasonable, reasonable and adequate settlement as to Plaintiffs and the members of the Indirect Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms; b. providing for payment of reasonable attorneys’ fees and reimbursement of the costs and expenses from the Settlement Fund (as defined below)) as described herein; c. providing for payment solely from the Settlement Fund of an incentive awards payment to Plaintiffs in the named Plaintiffs Class Action in addition to whatever monies they will receive from the Settlement Fund pursuant to a Court-approved plan of allocation; d. ▇. directing that the Indirect Purchaser Class Action be dismissed with prejudice as to Defendants and, except as provided for herein, without attorneys’ fees or costs recoverable under 15 U.S.C. §15(a) or similar state statutescosts; e. reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 5, the administration and consummation of this Settlement, Settlement and the award of attorneys’ fees and reimbursement of costs and expenses, and the payment of incentive awards to each of the named PlaintiffsLWD and Meijer, if allowed by the Court; and f. ▇. directing that the judgment of dismissal of all Indirect Purchaser Class claims against Defendants shall be final and appealable pursuant to Fed. R. Civ. P. 54(b), there being no just reason for delayappealable.

Motion for Final Approval and Entry of Final Judgment. If the Court certifies the Indirect Direct Purchaser Class for purposes of settlement and preliminarily approves the Settlement, Plaintiffs shall submit a motion for final approval of this Settlement by the Court, after appropriate notice to the Indirect Direct Purchaser Class, and shall seek entry of a Final Judgment and Order substantially in the form attached hereto as Exhibit C, with any additional findings of fact and conclusions of law (the “Final Order Judgment and JudgmentOrder”), at a final-approval hearing that the Indirect Purchaser Class shall seek to have set for no sooner than the latter of (i) 60 days after the opt out deadline, and (ii) 15 days after the Court resolves any disputes regarding the amount of the total Draw Down:): a. finding this Settlement Agreement and its terms to be a fair, reasonable, and adequate settlement as to Plaintiffs and the members of the Indirect Direct Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms; b. providing for payment of reasonable attorneys’ fees and reimbursement of the costs and expenses from the Settlement Fund (as defined below); c. providing for payment solely from the Settlement Fund of incentive awards to the named Plaintiffs in addition to whatever monies they will receive from the Settlement Fund pursuant to a Court-approved plan of allocation; d. ▇. directing that the Indirect Direct Purchaser Class Action be dismissed with prejudice as to the Cephalon Defendants and, except as provided for herein, without attorneys’ fees or costs recoverable under 15 U.S.C. §15(a) or similar state statutescosts; e. reserving exclusive jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 5, the administration and consummation of this Settlement, the award of attorneys’ fees and reimbursement of costs and expenses, and the payment of incentive awards to each of the named Plaintiffs, if allowed by the Court; and f. ▇. directing that the judgment of dismissal of all Indirect Direct Purchaser Class claims against the Cephalon Defendants shall be final and appealable pursuant to Fed. R. Civ. P. 54(b), there being no just reason for delayappealable.

Motion for Final Approval and Entry of Final Judgment. If the Court certifies the Indirect Purchaser Class for purposes of settlement and preliminarily approves the Settlement, Plaintiffs Class Plaintiffs, through Class Counsel, shall submit a motion for final approval of this Settlement by the Court, after appropriate notice to the Indirect Purchaser Class. The form of any proposed Final Judgment, related order or proposed findings and conclusions of law, and any proposed order seeking approval for establishment of the qualified settlement fund described in section 6 herein, shall be jointly agreed upon before submission to the Court, and shall seek entry of a Final Judgment include an order and Order substantially in the form attached hereto as Exhibit C, with any additional findings of fact and conclusions of law (the “Final Order and Judgment”), at a final-approval hearing that the Indirect Purchaser Class shall seek to have set for no sooner than the latter of (i) 60 days after the opt out deadline, and (ii) 15 days after the Court resolves any disputes regarding the amount of the total Draw Downfinal judgment: a. finding this the Settlement Agreement and its terms to be a fair, reasonable, reasonable and adequate settlement as to Plaintiffs and the members of the Indirect Purchaser Class within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation pursuant to its terms; b. providing for payments from the Settlement Fund (as defined in section 6 herein) to the Class Members pursuant to the Court approved plan ofdistribution; c. providing for an award of furrds in addition to whatever monies each Class Plaintiff will receive from the Settlement Fund pursuant to the Court-approved plan of distribution, to compensate Class Plaintiffs for the effort, time and expense spent by them in connection with the prosecution of the Actions ("compensation awards"); d. providing for payment of reasonable attorneys’ ' fees and reimbursement of the costs and expenses from the Settlement Fund (as defined belowin section 6 herein); c. providing e. setting forth the method for payment solely from allocating the Settlement Fund of incentive awards to the named Plaintiffs (as defined in addition to whatever monies they will receive from the Settlement Fund pursuant to a Court-approved plan of allocationsection 6 herein) between and among Class Members; d. f. directing that the Indirect Purchaser Class Action Actions and any other matter filed in or transferred to In re Neurontin Marketing Products Liability and Sales Practices Litigation); MDL Docket No. 1629 (D. Mass.) (the "MDL") be dismissed with prejudice as to Defendants and, except as provided for herein, without attorneys’ fees or costs recoverable under 15 U.S.C. §15(a) or similar state statutescosts; e. g. approving the release of claims specified herein as binding and effective as to all Class Members and permanently barring and enjoining such Class Members from asserting any Released Claims (as defined in section 11 herein); h. reserving exclusive and continuing jurisdiction over the Settlement and this Settlement Agreement, including the provisions of paragraph 5Settlement Fund (as defined in section 6 herein) and the administration, the administration consummation and consummation interpretation of this Settlement, the award of attorneys’ fees Settlement and reimbursement of costs and expenses, and the payment of incentive awards to each of the named Plaintiffs, if allowed by the CourtSettlement Agreement; and f. 1. directing that the final judgment of dismissal of all Indirect Purchaser Class claims against Defendants shall be final entered in the Actions and appealable pursuant to Fed. R. Civ. P. 54(b), there being no just reason for delay.in any