Common use of Approval Motion Clause in Contracts

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.