Common use of Final Approval Clause in Contracts

Final Approval. 76. At the time designated by the Court, Plaintiffs shall move the Court for an order, substantially in the form of Exhibit B hereto, which shall specifically include provisions that: (a) the Court has personal jurisdiction over all Settlement Class Members, the Court has subject matter jurisdiction over the claims asserted in the Action, and that venue is proper; (b) finally approve the Settlement pursuant to Rule 23 of the Federal Rules of Procedure; (c) find that the Class Notice as distributed was the best notice practicable under the circumstances and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (d) find that the notice provided to government entities under the Class Action Fairness Act complied with 28 U.S.C. § 1715; (e) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the Settlement; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3); (g) confirm that Plaintiffs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; (h) retain jurisdiction relating to the administration, consummation, validity, enforcement, and interpretation of this Agreement, the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (i) enter a judgment that dismisses the Action with prejudice, without costs to any Party, except as provided in the Agreement, and subject to the Court’s continuing jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the terms of the Settlement Agreement.

Final Approval. 76No fewer than seven (7) days prior to the date set by the Court for the Fairness Hearing, Plaintiffs shall apply to the Court for entry of the Final Approval Order, subject to changes agreed to by the Parties for accuracy, formatting, or clarity. At the time designated by Fairness Hearing, the Court, Plaintiffs shall move Parties will jointly request the Court for an orderto enter the Final Approval Order, substantially in the form of Exhibit B hereto, which shall specifically include provisions thatwhich: (a) grants final approval of the Court has personal jurisdiction over all certification of the Settlement Class Memberssolely for the purposes of the Settlement; (b) designates the Class Representatives; (c) designates Class Counsel conditionally approved in the Preliminary Approval Order; (d) grants final approval to the Settlement and establishes this Agreement as fair, reasonable, and adequate to the Court has subject matter jurisdiction over Settlement Class; (e) provides for the claims asserted Releases of all Released Claims and enjoins Settlement Class Members from asserting, filing, maintaining, or prosecuting any of the Released Claims; (f) approves the final list of timely Opt- Outs provided by the Settlement Administrator who will not be bound by the Settlement and Final Approval Order; (g) orders the dismissal with prejudice of all claims, causes of action, and counts alleged in the Action, and that venue is proper; (b) finally approve incorporates the Settlement pursuant to Rule 23 Releases stated in this Agreement, with each of the Federal Rules of Procedure; (c) find that the Class Notice as distributed was the best notice practicable under the circumstances and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (d) find that the notice provided to government entities under the Class Action Fairness Act complied with 28 U.S.C. § 1715; (e) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the Settlement; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3); (g) confirm that Plaintiffs bear its or his own costs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from assertingattorneys’ fees, commencing, prosecuting, or continuing any of the Released Claims against the Released Partiesexcept as provided in Section VII above; (h) retain jurisdiction relating to authorizes the administration, consummation, validity, enforcement, payment by Defendants of the Attorneys’ Fees and interpretation Costs Award and the Class Representatives Service Award in accordance with Section VII above and the terms of this Agreement, the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (i) enter a judgment that dismisses the Action with prejudice, without costs to any Party, except as provided in the Agreement, and subject to preserves the Court’s continuing jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the terms administration of the Settlement and enforcement of this Agreement.

Final Approval. 76No fewer than fourteen (14) days prior to the date set by the Court for the Fairness Hearing, Plaintiff shall apply to the Court for entry of the Final Approval Order, subject to changes agreed to by the Parties for accuracy, formatting, or clarity. At the time designated by Fairness Hearing, the Court, Plaintiffs shall move Parties will jointly request the Court for an orderto enter the Final Approval Order, substantially in the form of Exhibit B hereto, which shall specifically include provisions thatwhich: (a) grants final approval of the Court has personal jurisdiction over all certification of the Settlement Class Memberssolely for the purposes of the Settlement; (b) designates the Class Representatives; (c) designates Class Counsel conditionally approved in the Preliminary Approval Order; (d) grants final approval to the Settlement and establishes this Agreement as fair, reasonable, and adequate to the Court has subject matter jurisdiction over Settlement Class; (e) provides for the claims asserted Releases of all Released Claims and enjoins Settlement Class Members from asserting, filing, maintaining, or prosecuting any of the Released Claims; (f) approves the final list of timely Opt-Outs provided by the Settlement Administrator who will not be bound by the Settlement and Final Approval Order; (g) orders the dismissal with prejudice of all claims, causes of action, and counts alleged in the Action, and that venue is proper; (b) finally approve incorporates the Settlement pursuant to Rule 23 Releases stated in this Agreement, with each of the Federal Rules of Procedure; (c) find that the Class Notice as distributed was the best notice practicable under the circumstances and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (d) find that the notice provided to government entities under the Class Action Fairness Act complied with 28 U.S.C. § 1715; (e) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the Settlement; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3); (g) confirm that Plaintiffs bear its or his own costs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from assertingattorneys’ fees, commencing, prosecuting, or continuing any of the Released Claims against the Released Partiesexcept as provided in Section VII above; (h) retain jurisdiction relating to authorizes the administration, consummation, validity, enforcement, payment by Defendant of the Attorneys’ Fees and interpretation Costs Award in accordance with Section VII above and the terms of this Agreement, the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (i) enter a judgment that dismisses the Action with prejudice, without costs to any Party, except as provided in the Agreement, and subject to preserves the Court’s continuing jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the terms administration of the Settlement and enforcement of this Agreement.

Final Approval. 76. At Following completion of the time designated by Class Notice process and within 30 days following expiration of the CourtOpt-Out and Objection Period, Plaintiffs shall move request that the Court for an order, substantially in enter the form of Exhibit B heretoFinal Approval Order, which shall specifically include provisions that: (a) finally approve the Court has personal jurisdiction over all Settlement Class Membersas fair, the Court has subject matter jurisdiction over the claims asserted reasonable, adequate, and in the Action, and that venue is properbest interests of the Settlement Class; (b) finally approve find that the Class Notice as given was the best notice practicable under the circumstances, is due and sufficient notice to the Settlement pursuant to Class, and fully satisfies the requirements of due process and Rule 23 of the Federal Rules of Civil Procedure; (c) find that approve the Class Notice as distributed was the best notice practicable under the circumstances and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23Stipulated Injunction; (d) find that the notice provided to government entities under the Class Action Fairness Act complied with 28 U.S.C. § 1715; (e) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the Settlement; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3)Class; (ge) confirm that Plaintiffs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; (hf) retain jurisdiction relating to the administration, consummation, validity, enforcement, and interpretation of this Agreement, the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (i) enter a judgment that dismisses dismiss the Action and all Released Claims with prejudice, without costs to any Partyparty, except as provided in the this Agreement, and subject to the Court’s Court retaining continuing jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the Stipulated Injunction and the terms of this Agreement; and (g) Plaintiffs and members of the Settlement AgreementClass are permanently enjoined and barred from commencing, prosecuting, or otherwise litigating, in whole or in part, either directly, representatively, derivatively, or in any other capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in any agency or other authority or forum wherever located, the Released Claims.

Final Approval. 76. At No fewer than seven (7) days prior to the time designated date set by the Court, Plaintiffs shall move the Court for an orderthe Fairness Hearing, substantially in Plaintiff shall apply to the form Court for entry of Exhibit B heretothe Final Approval Order, which shall specifically include provisions thatsubject to changes agreed to by the Parties for accuracy, formatting, or clarity. Electronically Filed - Xxxxxx - September 21, 2022 - 02:15 PM At the Fairness Hearing, the Parties will jointly request the Court to enter the Final Approval Order, which: (a) grants final approval of the Court has personal jurisdiction over all certification of the Settlement Class Memberssolely for the purposes of the Settlement; (b) designates the Class Representatives; (c) designates Class Counsel conditionally approved in the Preliminary Approval Order; (d) grants final approval to the Settlement and establishes this Agreement as fair, reasonable, and adequate to the Court has subject matter jurisdiction over Settlement Class; (e) provides for the claims asserted Releases of all Released Claims and enjoins Settlement Class Members from asserting, filing, maintaining, or prosecuting any of the Released Claims; (f) approves the final list of timely Opt-Outs provided by the Settlement Administrator who will not be bound by the Settlement and Final Approval Order; (g) orders the dismissal with prejudice of all claims, causes of action, and counts alleged in the Action, and that venue is proper; (b) finally approve incorporates the Settlement pursuant to Rule 23 Releases stated in this Agreement, with each of the Federal Rules of Procedure; (c) find that the Class Notice as distributed was the best notice practicable under the circumstances and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (d) find that the notice provided to government entities under the Class Action Fairness Act complied with 28 U.S.C. § 1715; (e) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the Settlement; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3); (g) confirm that Plaintiffs bear its or his own costs and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; (h) retain jurisdiction relating to the administration, consummation, validity, enforcement, and interpretation of this Agreement, the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (i) enter a judgment that dismisses the Action with prejudice, without costs to any Partyattorneys’ fees, except as provided in the Agreement, Section VII above; and subject to (h) preserves the Court’s continuing jurisdiction over the Parties administration of the Settlement and enforcement of this Agreement. Lead Counsel will seek the Court’s authorization for the payment by Defendant of the Attorneys’ Fees and Costs Award and the Settlement Fund for the purpose of enforcement of Class Representatives Service Award by separate order, in accordance with Section VII above and the terms of the Settlement this Agreement.

Final Approval. 76. At Following the provision of Class Notice and expiration of the time designated by for submission of Claim Forms, exclusions, and objections, and at least fourteen (14) days prior to the CourtFinal Approval Hearing, Plaintiffs Plaintiff shall move file a motion requesting that the Court for an order, substantially in enter the form of Exhibit B heretoFinal Approval Order and Judgment, which shall specifically include provisions that: (a1) finally approve the settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; (2) find that the Court has personal jurisdiction over all Settlement Class Members, Members and that the Court has subject matter jurisdiction over the claims asserted in the Actionto approve this Settlement Agreement, and that venue is properincluding all exhibits hereto; (b) finally approve the Settlement pursuant to Rule 23 of the Federal Rules of Procedure; (c3) find that the Class Notice as distributed given was the best notice practicable under the circumstances circumstances, is due and sufficient notice to the Settlement Class, and fully satisfied satisfies the requirements of due process and Federal Rule of Civil Procedure 23; (d4) find that the notice provided to government entities under Class Representative and Class Counsel adequately represented the Settlement Class Action Fairness Act complied with 28 U.S.C. § 1715for purposes of entering into and implementing the Settlement Agreement; (e5) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the SettlementClaim Form; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3); (g6) confirm that Plaintiffs and the Settlement Class Members Releasing Parties have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; and (h) retain jurisdiction relating to 8) dismiss the administrationAction (including, consummationwithout limitation, validityall individual claims, enforcementSettlement Class Member claims, and interpretation of this Agreement, Released Claims asserted therein against the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (iReleased Parties) enter a judgment that dismisses the Action with prejudice, without costs to any Party, except as provided in the Agreement, and subject to the Court’s continuing Court retaining jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the terms of this Agreement; and (9) incorporate any other provision, as the Court deems necessary and just. Defendants agree not to oppose and to cooperate in good faith with the filing of final approval motion to the extent that it conforms to the Settlement Agreement.

Final Approval. 76. At Within one hundred forty-five (145) days of entry of the time Preliminary Approval Order, or on the date designated by the Court, Plaintiffs Plaintiff shall move the Court for an order, substantially in the form of Exhibit B heretoa Final Approval Order, which shall specifically include provisions that: (a) the Court has personal jurisdiction over all Settlement Class Members, the Court has subject matter jurisdiction over the claims asserted in the Action, and that venue is proper; (b) finally approve the Settlement pursuant to Rule 23 of the Federal Rules of Procedure; (c) find that the Class Notice as distributed was the best notice practicable under the circumstances and fully satisfied the requirements of due process Due Process and Federal Rule of Civil Procedure 23; (d) find that the notice provided to government entities under the Class Action Fairness Act complied with 28 U.S.C. § 1715; (e) approve the plan of distribution of the Settlement Amount and interest accrued thereon and authorize the Parties to implement the terms of the Settlement; (f) finally certify the Settlement Class pursuant to Fed. R. Civ. P. Federal Rules of Civil Procedure 23(b)(3); ) and (g) confirm that Plaintiffs Plaintiff and the Settlement Class Members have released all Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; (h) retain jurisdiction relating to the administration, consummation, validity, enforcement, and interpretation of this Agreement, the Final Approval Order, any final order approving the Fee and Expense Award and Service Awards, and for any other necessary purpose; and (i) enter a judgment that dismisses the Action with prejudice, without costs to any Party, except as provided in the Agreement, and subject to the Court’s continuing jurisdiction over the Parties and the Settlement Fund for the purpose of enforcement of the terms of the Settlement Agreement.