Common use of The Applications Clause in Contracts

The Applications. Best Efforts 2.1 The Parties shall use their best efforts to implement the terms of the Agreement and to secure the prompt, complete and final dismissal of the Action with prejudice and without costs. 2.2 The Parties agree to hold in abeyance all steps in the Action, other than proceedings provided for in the Agreement, the First Application, the Second Application and such other proceedings required to implement the terms of the Agreement, until the date the Agreement becomes final or the date of the termination of the Agreement. 2.3 The Plaintiff will, as soon as is reasonably practicable following the execution of the Agreement, bring the First Application. Subject to the First Order being satisfactory to the Defendants acting reasonably, and for the purposes of this Agreement only, the Defendants will consent to the First Order being issued by the Court for the purposes of the Settlement only. Further, subject to the Dismissal and Discontinuance Order being satisfactory to the Defendants acting reasonably, the Defendants will consent to the Dismissal and Discontinuance Order being issued by the Court regardless of whether the Action is certified or the proposed Settlement is ultimately approved. 2.4 The Plaintiff and the Defendants agree that the only common issues that the Plaintiff will seek to certify as against the Company are the Common Issues and the only class that the Plaintiff will assert is the Class. 2.5 Upon entry of the First Order, Class Counsel shall cause the First Notice to be published in accordance with the Plan of Notice as approved by the Court and any directions of the Court. Any third-party costs for publishing the First Notice shall be Non-Refundable Expenses to be paid from the Settlement Deposit. 2.6 The Plaintiff will thereafter bring the Second Application before the Court in accordance with the Court’s directions. The Defendants will consent to the issuance of the Second Order, subject to the content of the Second Order sought at the Second Application being satisfactory to the Defendants acting reasonably, and for the purposes of the Settlement only. 2.7 Upon entry of the Second Order, Class Counsel shall cause the Second Notice to be published and disseminated in accordance with the Plan of Notice as approved by the Court and any directions of the Court. Any third-party costs for publishing the Second Notice shall be Non-Refundable Expenses to be paid from the Settlement Deposit.

The Applications. Best Efforts 2.1 The Parties shall use their best efforts to implement the terms of the Agreement and to secure the prompt, complete and final dismissal of the Action with prejudice and without costs. 2.2 The Parties agree to hold in abeyance all steps in the Action, other than proceedings provided for in the Agreement, the First Application, the Second Application and such other proceedings required to implement the terms of the Agreement, until the date the Agreement becomes final or the date of the termination of the Agreement. 2.3 The Plaintiff will, as soon as is reasonably practicable following the execution of the Agreement, bring the First Application. Subject to the First Order being satisfactory to the Defendants acting reasonably, and for the purposes of this Agreement only, the Defendants will consent to the First Order being issued by the Court for the purposes of the Settlement only. Further, subject to the Dismissal and Discontinuance Order being satisfactory to the Defendants acting reasonably, the Defendants will consent to the Dismissal and Discontinuance Order being issued by the Court regardless of whether the Action is certified or the proposed Settlement is ultimately approved. 2.4 The Plaintiff and the Defendants agree that the only common issues that the Plaintiff will seek to certify as against the Company Defendants are the Common Issues and the only class that the Plaintiff will assert is the Class. 2.5 Upon entry of the First Order, Class Counsel shall cause the First Notice to be published in accordance with the Plan of Notice as approved by and the Court and any directions of the Court. Any third-party costs for publishing the First Notice shall be Non-Refundable Expenses to be paid from the Settlement Deposit. 2.6 The Plaintiff will thereafter bring the Second Application before the Court in accordance with the Court’s directions. The Defendants will consent to the issuance of the Second Order, subject to the content of the Second Order sought at the Second Application being satisfactory to the Defendants acting reasonably, and for the purposes of the Settlement only. 2.7 Upon entry of the Second Order, Class Counsel shall cause the Second Notice to be published and disseminated in accordance with the Plan of Notice as approved by the Court and any directions of the Court. Any third-party costs for publishing the Second Notice shall be Non-Refundable Expenses to be paid from the Settlement Deposit.