Approval of Settlement Agreement a. Plaintiffs, Hennepin County Defendants, and the State Defendant will use their best efforts to effectuate this Settlement Agreement, including cooperating in promptly seeking the Court’s approval of the Settlement Agreement, the giving of appropriate Class Notice under Federal Rules of Civil Procedure 23(c) and (e), securing certification of the Settlement Classes, and the prompt dismissal without prejudice of the Remaining Claims, as follows:
i. Within seven (7) days after the Execution Date, the Parties will jointly file with the Court a stipulation for suspension of all litigation deadlines pending approval of this Agreement.
ii. Within fourteen (14) days of the Execution Date, Class Counsel will file this Agreement with the Court and will file a motion—which motion Defendants will not oppose—for the Court’s preliminary approval of this Agreement and the Parties’ settlement. Plaintiffs simultaneously will move the Court for the entry of an Order preliminarily approving the settlement, which by its terms will:
1) Determine, preliminarily, that this Agreement and the settlement fall within the range of reasonableness, and merit possible final approval and dissemination of Class Notice;
2) Determine, preliminarily, that Plaintiffs are members of the Settlement Classes and that, for purposes of settlement, they: (1) satisfy the requirements of typicality; (2) adequately represent the interests of the Settlement Classes; and (3) should be appointed as representatives of the Settlement Classes;
3) Determine, preliminarily, that the Settlement Classes meet all applicable requirements of Fed. R. Civ. P. 23, and conditionally certify the Settlement Classes for purposes of the Settlement;
Approval of Settlement Agreement. The Parties agree to seek approval of the Settlement Agreement and to use their reasonable best efforts to secure Commission approval of it without change, including by filing a joint motion seeking approval of this Settlement Agreement. If non-settling parties oppose the approval of the Settlement Agreement in whole or in part, the Parties will meet and confer to discuss an appropriate course of action which may or may not include, at the discretion of each Party, filing joint reply comments. The provisions of this Section shall impose obligations on the Parties immediately upon the execution of this Settlement Agreement.
Approval of Settlement Agreement. The City Council of the City of Palm Coast hereby approves the terms and conditions of the settlement agreement with Palm Coast Plantation Homeowner’s Association, Inc., as attached hereto and incorporated herein by reference and as Exhibit “A.”
Approval of Settlement Agreement. 2 8. The Court finds that the Settlement Agreement resulted from extensive 3 arm’s length good faith negotiations between Class Counsel and Toyota, through 4 experienced counsel, with the assistance and oversight of Settlement Special Master 5 Xxxxxxx X. Xxxxxx.
Approval of Settlement Agreement. In accordance with Article III, Section 1, Article VI, Section 1, and Article VI, Section 3 of the Constitution of the Three Affiliated Tribes, and Three Affiliated Tribes' Tribal Business Council Resolution No. 96-196-DSB, the Three Affiliated Tribes, by and through its Chairman, the Honoxxxxx Xxxxxxx X. Xxxxx, Sr., does herewith approve the foregoing Agreement:
Approval of Settlement Agreement. The Board of Directors of TBL has authorized the execution and delivery of this Settlement Agreement and has approved the transactions contemplated herein.
Approval of Settlement Agreement. The Settling Parties shall cooperate in securing Commission approval of this Settlement Agreement. If the Commission should condition its approval of this Settlement Agreement or seek to require modification of any of the terms of this Settlement Agreement (a “Conditional Approval Order”), any Settling Party (or Xx. Xxxxxxx or the company established by him) that objects to such condition or modification shall notify the other Settling Parties in writing of such objection within 7 days after issuance of the Conditional Approval Order, identifying the change or condition and the basis of the party’s objection. Objections not provided within 7 days shall be deemed waived. If any such objection is timely provided, the Settling Parties shall confer (which may be by e-mail, by telephone, or in person) and negotiate in good faith to resolve any such objection in a manner that, if practicable, restores the balance of risks and benefits reflected in this Settlement Agreement as executed. If the Settling Parties can in good faith agree to revisions to the Settlement Agreement to resolve such objections, then such renegotiated settlement agreement shall be filed with the Commission for its approval, in place of the Settlement Agreement as originally executed. If the Settling Parties cannot in good faith agree to revisions to the Settlement Agreement to resolve such objections within 30 days after issuance of a Conditional Approval Order, then the Settlement Agreement as conditioned or modified by the Commission shall govern, and any Settling Party that continues to object to such Commission condition or modification may withdraw from the Settlement Agreement by written notice given to the other Settling Parties within 7 days after the conclusion of good faith negotiations. Upon any such withdrawal, the withdrawing party may exercise any rights available to a party that was not a Settling Party.
Approval of Settlement Agreement. This Order, including the Settlement Agreement, is binding upon each Class Member including individuals who are minors or mentally incapable and the requirements of Rule
Approval of Settlement Agreement. Class Counsel will make a motion for the Court to approve this Settlement Agreement. The Parties shall act in good faith in seeking the Court’s approval of this Settlement Agreement.
