Approval Motion Sample Clauses

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. (2) At the Approval Motion, Class Counsel shall propose for approval by the Court the Distribution Protocol or such other plan for distributing the Net Settlement Amount to the Class as Class Counsel may advise. The Distribution Protocol is the responsibility of Class Counsel and the Defendants have no involvement in its design. Accordingly, the approval of the Distribution Protocol shall be considered separately from the approval of the Settlement and is not a condition of the approval of the Settlement itself and the dismissal of the Action as against the Defendants without costs and with prejudice in accordance with the Second Order. (3) The Defendants will take no position or make any submission to the Court concerning the Distribution Protocol, except as requested or required by the Court. (4) The Defendants will not oppose the issuance of the Third Order. (5) The Plaintiffs may make any amendments to the Distribution Protocol, the Third Order, the Second Notice or the Plan of Notice as it relates to the Second Notice requested or directed by the Court.
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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 shall request that the Court approve the Settlement and enter an Approval Order including provisions: i. Certifying the Settlement Class for the sole purpose of effectuating this Agreement; ii. Appointing Xxxxxxx Xxxxxxx, Xx-Xx Xxxxx, Xxxxxx Xxxxxx, and Xxxxxx Xxxx as representatives of the Class; iii. Appointing Xxxxxxx Law Group as Class Counsel; iv. Granting preliminary approval to this Agreement by order substantially in the form attached as Exhibit 3 (the Approval Order), and finding this Agreement sufficiently fair, reasonable, and adequate to allow Notice to be disseminated to the Settlement Class; v. Approving a Settlement Notice and Request for Exclusion/Opt-Out notice substantially in the form attached hereto as Exhibit 4 (the Notice and Exclusion/Opt-Out Notice); vi. Setting a schedule for proceedings with respect to final approval of this Agreement; and, vii. Providing that, pending entry of a Final Approval Order and Judgment, no Settlement Class Member (either directly, in a representative capacity, or in any other capacity) shall commence any action against the Released Parties asserting any claims released in this Agreement.
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. B. In the Approval Motion, Class Counsel shall inform the Court of the intended process to effectuate the settlement as contemplated by this Agreement, such that the Court may, 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 to Class Counsel and any Service Awards to Named Plaintiffs; and (5) authorize distribution and payment to the Authorized Claimants. C. Class Counsel will file the Approval Motion as “unopposed.” Defendants shall not oppose such application so long as it is consistent with the terms and conditions of this Agreement. D. If the Court denies the Approval Motion, unless the Parties agree to seek reconsideration of the ruling or attempt to renegotiate the settlement and seek Court approval of a renegotiated settlement, the Action will resume as if no settlement had been attempted. In that event, Defendants retain the right to contest whether the Action should be maintained as a class action and to contest the merits of the claims being asserted in the Action and no term of this Agreement shall be used or referenced in connection with the further prosecution and/or defense of the Action.
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. Promptly following the execution of this Agreement, and in any event within five days after the Petition Date (and contemporaneously with filing a motion seeking approval of the Junior DIP Facility from the Bankruptcy Court), CRC shall, and shall cause the other Debtors to, file a motion with the Bankruptcy Court, in form and substance reasonably acceptable to the Parties and following the receipt of requisite consent in accordance with the RSA (such motion, the “Approval Motion”), seeking (a) interim and final approval of this Agreement, (b) approval of CREH’s entry into an amendment to the LLC Agreement with ECR in the form attached as Exhibit A to this Agreement (the “LLC Agreement Amendment”), and (c) the applicable Debtors’ assumption pursuant to Section 365(a) of the Bankruptcy Code of the Elk Hills Power Agreements (in the case of the LLC Agreement, as amended by the LLC Agreement Amendment).
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. (B) In the Motion for Approval, Class Counsel shall seek the implementation of dates for effectuating the terms of this Agreement, including (1) the setting of the Bar Date for individuals to submit Claim Forms, opt-out of this Agreement and/or provide objections to this Agreement, which date will be sixty (60) days from the initial mailing of Notice and Claim Forms to the Class Members by the Settlement Claims Administrator, and (2) to the extent required by the Court, a Fairness Hearing for Final Approval of the settlement before the Court at the earliest practicable date. (C) Named Plaintiffs will file the Motion for Approval as “unopposed.”
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Approval Motion. A. Within fifteen (15) 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, and (4) an executed version of this Agreement. B. Plaintiffs 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.
Approval Motion. (a) Approval Order....
Approval Motion. No later than fifteen (15) days from the Agreement Date, unless otherwise agreed by the Parties in writing, the Receiver shall file in the SEC Action a motion (the “Approval Motion”) that requests: a. Entry of an order substantially in the form attached hereto as Exhibit D (the “Preliminary Approval & Scheduling Order”) that (i) preliminarily approves the Settlement; (ii) approves the content and plan for publication and dissemination of Notice;
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