Second Motion definition

Second Motion means the motions brought in the Court for an order: (i) approving the Settlement; (ii) appointing the Administrator and the Referee; (iii) approving the Second Notice; (iv) approving the Plan of Allocation; (v) approving the Claim Form; (vi) setting the Claims Bar Deadline; (vii) dismissing the Action without costs and with prejudice; and (viii) approving Class Counsel Fees.
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Second Motion means the motions brought in the Courts for orders: (a) granting certification (or authorization, as the case may be) for settlement purposes only; (b) granting leave to commence a claim under s. 138.3 of the Securities Act (Ontario) and equivalent provisions of Securities Acts of other Provinces; (c) approving the Settlement; (d) appointing the Administrator and the Referee; (e) approving the Second Notice; (f) approving the Plan of Notice; (g) approving the Plan of Allocation; (h) approving the Claim Form; (i) approving the Opt-Out Form; (j) approving the levy payable to the Class Proceedings Fund; (k) approving the amount payable to the Fonds d’aide aux recours collectifs; (l) dismissing the Actions and the Shaikh action; and (m) approving Class Counsel Fees.
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Second Motion means a motion brought by the Plaintiffs in the Court for the Approval Order.
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Examples of Second Motion in a sentence

  • The Parties agree to hold in abeyance all steps in the Actions, including all discovery, other than proceedings provided for in the Agreement, the First Motion, the Second Motion and such other proceedings required to implement the terms of the Agreement, until the date the Settlement becomes final or the termination of the Agreement.

  • On May 19, 2010, the Court denied Defendants’ Second Motion to Dismiss in its entirety.

  • The Parties agree to hold in abeyance all steps in the Action, including all discovery, other than proceedings provided for in this Agreement, the First Motion, the Second Motion and such other proceedings required to implement the terms of this Agreement, until the date the Settlement becomes final or the termination of the Agreement.

  • Following the determination of the Second Motion, provided that the Settlement is approved by the Court, the Second Notice shall be published in accordance with section 10.2 of this Agreement.

  • The Parties agree to hold in abeyance all steps in the Action, including all discovery, other than proceedings provided for in the Agreement, the First Motion, the Second Motion and such other proceedings required to implement the terms of the Agreement, until the date the Settlement becomes final or the termination of the Agreement, whichever occurs last.

  • The Parties agree to hold in abeyance all steps in the Action, including all discovery, other than proceedings provided for in this Agreement, the First Motion, the Second Motion and such other proceedings required to implement the terms of this Agreement, until the date the Settlement becomes final in accordance with section 13 or the termination of the Agreement.

  • Plaintiffs filed their opposition to the Second Motion to Dismiss on January 7, 2010, and the Defendants filed their reply on January 14, 2010.

  • The Second Motion may be filed in the Québec Court and the Alberta Court, but, if necessary, the parties to the Québec Action and the Alberta Action will seek adjournments of the hearings to permit the Ontario Court to render its decision on the Second Motion first.

  • The Second Motion may be filed in the Québec Court, but, if necessary, the parties to the Québec Action will seek adjournments of the hearings to permit the Ontario Court to render its decision on the Second Motion first.

  • At the Second Motion, Class Counsel shall seek the approval of Class Counsel Fees to be paid as a first charge on the Settlement Amount.


More Definitions of Second Motion

Second Motion means a motion brought by the Plaintiffs before each of the Courts for orders: (i) certifying the Ontario Action and BC Action and granting authorization of the Québec Action, as the case may be, as class proceedings as contemplated by section 8.1(a); (ii) approving the Settlement, the Opt-Out Deadline and the Claims Bar Deadline; (iii) appointing the Administrator; and (iv) approving Class Counsel Fees as contemplated by section 16.1 which shall generally be in accordance with the order set out in Schedule “B”.
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Related to Second Motion

  • DIP Motion means a motion to be filed by the Debtors with the Bankruptcy Court seeking Bankruptcy Court approval of the DIP Facility, which motion shall be consistent in all material respects with this Agreement and otherwise in form and substance reasonably acceptable to the Requisite Parties.

  • Settlement Agreement means this agreement.

  • Sale Motion means the motion or motions of Sellers filed with the Bankruptcy Court seeking approval and entry of the Sale Order.

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • Interim Order means the interim order of the Court, as the same may be amended, in respect of the Arrangement;