Approval Motion. (1) The Plaintiffs will thereafter bring the Approval Motion before the Court in accordance with the Court’s directions. The Defendants will consent to the issuance of the Second Order.
Approval Motion. Within five business days after the execution of this Agreement by the Debtors and the TCC, the Debtors shall file the Approval Motion with the Bankruptcy Court. It is expressly acknowledged and understood that (a) the United States Department of Justice might not be able to obtain authority to execute this Agreement prior to the filing of the Approval Motion with the Bankruptcy Court and (b) the effectiveness of any order from the Bankruptcy Court granting the Approval Motion will be contingent on the United States Department of Justice obtaining such authority and executing this Agreement.
Approval Motion. Promptly upon execution of this Settlement Agreement, Plaintiffs, acting as Class Representatives, through Class Counsel, shall file an approval motion (the “Approval Motion”). The Approval Motion shall request that the Court approve the Settlement and enter an order (the “Approval Order”) including provisions:
Approval Motion. The Petitioners will apply to the Court (the “Approval Motion”), on at least seven (7) days’ notice to the Service List, for an order approving the Successful Bid and authorizing the Petitioners to enter into any and all necessary agreements with respect to the Successful Bid and to undertake such other actions as may be necessary or appropriate to give effect to the Successful Bid including for the approval of any Plan(s) pursuant to the CCAA.
Approval Motion. (A) Within twenty (20) days of the signing of this Agreement, Class Counsel shall file a Motion for Approval, which shall include (1) the proposed Notice and reminder notice as agreed upon by the Parties, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits and exhibits for the purposes of certifying, for settlement purposes only, a Class under CPLR §§901 and 902, and approving the settlement. The proposed Notice, proposed Claim Form and proposed Approval Order approved by the Parties shall be annexed to Class Counsel’s Affirmation in support of this proposed settlement. Defendant may review a draft of the Approval Motion and attachments to ensure they are consistent with this Agreement.
Approval Motion. (A) Within fifteen (15) days of complete execution of this Agreement, Class Counsel shall file an Approval Motion. In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits, and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement. Counsel for Defendants shall have an opportunity to review and approve drafts of all documents submitted in connection with the Approval Motion for at least five (5) business days prior to their submission.
Approval Motion. A. Within thirty (30) days of complete execution of this Agreement, Class Counsel shall file a Motion for Approval (“Approval Motion”) that is agreed to by Defendants. In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement.
Approval Motion. Within thirty (30) days of complete execution of this Agreement, Class Counsel shall file a Motion for Settlement Approval (“Approval Motion”). In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice, (2) the proposed Claim Form, (3) the proposed Approval Order, (4) an executed version of this Agreement, and (5) the necessary documents, memorandum, affidavits and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement. In the Approval Motion, Class Counsel shall request among other things: (1) approve the settlement as fair, adequate and reasonable; (2) incorporate the terms of the Release, as described herein; (3) dismiss the Action with prejudice; (4) award Costs and Fees, including any Service Awards; and (5) authorize distribution and payment to the Authorized Claimants. Class Counsel will file the Approval Motion as “unopposed.” Defendants may not oppose such application so long as it is consistent with the terms and conditions of this Agreement. Class Counsel will e-mail a draft of the Final Motion to Defendants’ Counsel three (3) days prior to filing. Unless Defendants raise objections, Class Counsel may file the Approval Motion three (3) days after e- mailing a copy to Defendants’ Counsel.
Approval Motion. A. Within thirty (30) days following complete execution of this Agreement, Class Counsel shall file a Motion for Approval. Within fifteen (15) days following complete execution of this Agreement, to the extent not already provided, Class Counsel shall supply Defendants’ Counsel with a draft of the Approval Motion and Defendants’ Counsel will review and make any revisions to the Approval Motion within seven (7) days following receipt. Upon agreement by Class Counsel and Defense Counsel regarding the content of the Approval Motion, Class Counsel will file the Approval Motion with the Court. In connection with the Approval Motion, Class Counsel will submit to the Court: (1) the proposed Notice; (2) the proposed Claim Form; (3) the proposed Approval Order; (4) an executed version of this Agreement; and, (5) the necessary documents, memorandum, affidavits and exhibits for the purposes of certifying a Class for settlement purposes under CPLR §§ 901 and 902, and approving the settlement. The Approval Motion also will seek the setting of a date for individuals to submit Claim Forms, Opt-out Statements and/or object to this Agreement and for a Fairness Hearing, should the Court wish to schedule one.
Approval Motion. Counsel for Plaintiff and Guardian shall file a motion seeking judicial approval of this Agreement pursuant to N.J. Court Rule 4:44-3, which shall include all necessary documents, memorandum, affidavits and exhibits. The motion must be agreed upon by the Parties before submission. Counsel for Plaintiff and Guardian will provide to Defendant’s counsel a draft of the motion seeking approval of this Agreement and attachments prior to filing with the Court to ensure they are consistent with this Agreement and governing law. Defendant’s counsel shall be given ten (10) days to review the terms, form and content of the proposed motion and all other documents to be filed with the Court as part of the motion seeking approval of this Agreement before those documents are filed with the Court. Counsel for Plaintiff and Guardian agree to appear at any Friendly hearing required or requested by the Court with Plaintiff and Guardian, if required, and to take all necessary actions at any such hearing to obtain Court approval.
