Approval by the Court. This Agreement is subject to approval of the Stipulated Injunction by the U.S. District Court in the Federal Action. Should the District Court modify the Stipulated Injunction, and the Parties’ counsel agree in writing to such modifications, the material terms of this Agreement shall continue in full force and effect, and this Agreement shall be deemed to incorporate such modifications by the Court.
Approval by the Court. 1. Class Counsel shall submit to the Court on or before July !, 2023, a motion for preliminary approval of the Settlement Agreement on behalf of the Settlement Class, together with a proposed Preliminary Approval Order in the form agreed to by counsel for the Town after review and approval of such motion prior to its submission. The motion for preliminary approval shall seek: (i) certification of the Settlement Class (for settlement purposes only); (ii) appointment of Xxxxxxx Plus, LLC, Xxxxxxx Plus Dev. Co., LLC, and Class Counsel as the representatives of and counsel for the Settlement Class; (iii) preliminary approval of the SI Pag e Town of Fuquay-Varina System Development Fee Settlement terms of the Settlement Agreement as fair, adequate, and reasonable; and
Approval by the Court. Promptly after execution of this Agreement, the parties shall file with the Court a joint motion for approval of this Agreement, requesting that the Court approve the Settlement Agreement and enter an Approval Order in the form attached hereto. The motion for approval will request that the Court:
Approval by the Court. The release is conditioned upon the approval of the Agreement by the Court and Defendants meeting their obligations herein. If this Agreement is not approved by the Court or for any reason does not become effective, it shall be deemed null and void and the parties shall return to their respective positions before the execution of this Agreement without prejudice to their rights, claims and defenses, and neither this Agreement nor the fact of this Agreement shall be used in any subsequent proceedings in this or any other litigation, or in any manner whatsoever.
Approval by the Court. This Agreement shall have no force or effect until approved by the Court, other than the Parties’ obligations under the confidentiality provisions herein.
Approval by the Court. All fees, costs and expenses to be deducted from the Settlement Amount must be approved by the First Judicial District Court. Burlington shall take no position on any application for fees and reimbursement of costs or expenses made by Class Counsel or by the Plaintiffs or any application for incentive awards out of the Escrow Account to the class representatives. This Settlement Agreement is not contingent on the First Judicial District Court’s approval of any application for such fees, expenses or awards out of the Settlement Amount.
Approval by the Court. 1. Class Counsel shall submit to the Court within ten (10) after full execution of this Settlement Agreement, a motion for preliminary approval of the Settlement Agreement on behalf of the Settlement Class, together with a proposed preliminary approval order. The motion for preliminary approval shall seek: (i) certification of the Settlement Class (for settlement purposes only); (ii) appointment of Meritage Homes of the Carolinas, Inc. and Class Counsel as the representatives of and counsel for the Settlement Class; (iii) preliminary approval of the terms of the Settlement Agreement as fair, adequate and reasonable; and (iv) approval of the form and manner of notice and opt-out procedures as set forth in the Settlement Agreement. The motion for preliminary approval shall also ask the Court to schedule a hearing date for final approval of the Settlement Agreement. If the settlement is terminated or does not obtain Final Approval, then the status of class certification in this litigation shall be as it existed prior to the execution of the Settlement Agreement.
