Common use of Condition No. 2: Finality of Judgment Clause in Contracts

Condition No. 2: Finality of Judgment. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435 (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members with prejudice; (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Approval; (g) Permanently bar Plaintiff and all Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on any of the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment in forms substantially similar to Exhibits E and E-1. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members who did not opt out, and dismiss with prejudice all Released Claims of the claims of all Settlement Class Members with prejudiceReleasing Persons in the Litigation; (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Approvalthe Final Settlement Date; (g) Permanently bar Plaintiff and all Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on any of for the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment in forms substantially similar to Exhibits F and F-1, respectively. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 2.16 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Consolidated Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members and the Consolidated Litigation with prejudice; (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Final Approval; (g) Permanently bar Plaintiff Plaintiffs and all Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on any of for the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff Plaintiffs and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Final Approval Order and the Court shall enter a final Judgment in substantially similar form as Exhibit F-1. The final Judgment must become be Final in accordance with Section 2.11 2.21 above, and shall, among other things: (a) a. Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; (b) b. Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23, as fair, reasonable, and adequate; (c) c. Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) d. Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) e. Enter the Final Approval Order and the final Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members and the Chong Litigation with prejudice; (f) f. Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Approvalthe final Judgment; (g) g. Permanently bar and enjoin Named Plaintiff and all Settlement Class Members who have not opted out of the Settlement settlement, and any person actually or purportedly acting on their behalf, from filing, commencing, prosecuting, intervening in, defending or participating in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims; h. Permanently bar and enjoin Named Plaintiff and all Settlement Class members who have not opted out of the settlement from organizing Settlement Class Members, or soliciting the participation of Settlement Class Members, in a separate class for purposes of pursuing any action (hincluding by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims; i. Find that, by operation of the entry of the Judgment, Named Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims;, including all claims arising out of, relating to, or in connection with the initiation, settlement, prosecution, or dismissal of the Chong Litigation. (i) j. Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) k. Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the final Judgment, and for any other necessary purpose; and (k) l. Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment in forms substantially similar to Exhibits E and E-1, respectively. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 2.15 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Fed. R. Civ. P. 23, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members who did not opt out, and dismiss with prejudice all Released Claims of the claims of all Settlement Class Members with prejudiceReleasing Persons in the Litigation; (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary ApprovalFinal Settlement Date; (g) Permanently bar Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on any of for the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment in forms substantially similar to Exhibits F and F-1 to this Settlement Agreement, respectively. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 2.14 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members with prejudice; (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Final Approval; (g) Permanently bar Plaintiff and all Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on any of the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment in the forms attached as Exhibits E and E-1, respectively. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 2.14 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over the Settling Parties and all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Consolidated Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter Find that Defendants have complied with their notice obligations under the Final Approval Order and Class Action Fairness Act, 28 U.S.C. § 1715, in connection with the Judgment with respect to Settlement; (f) Dismiss the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members Consolidated Litigation with prejudice; (fg) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Final Approval; (gh) Permanently bar Plaintiff Plaintiffs and all Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on asserting any of the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment in forms substantially similar to Exhibits F and F-1, respectively. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 2.16 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this Litigation; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter the Final Approval Order and the Judgment with respect to the claims of all Settlement Class Members who did not opt out, and dismiss with prejudice all Released Claims of the claims of all Settlement Class Members with prejudiceReleasing Persons in the Litigation; (f) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary ApprovalFinal Settlement Date; (g) Permanently bar Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on any of for the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Releasing Persons and Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.

Condition No. 2: Finality of Judgment. The Court shall enter the Final Approval Order and the Judgment. The Final Approval Order and the Judgment must become Final in accordance with Section 2.11 2.14 above, and shall, among other things: (a) Find that (1) the Court has personal jurisdiction over the Settling Parties and all Settlement Class Members; (2) the Court has subject matter jurisdiction over the claims asserted in this LitigationAction; and (3) venue is proper; (b) Finally approve the Settlement Agreement, pursuant to Rule 23 of the Federal Rules of Civil Procedure, as fair, reasonable, and adequate; (c) Finally certify the Settlement Class for settlement purposes only; FILED DATE: 4/1/2024 9:36 PM 2024CH00435; (d) Find that the form and means of disseminating the Class Notice complied with all laws, including, but not limited to, the Due Process Clause of the United States Constitution; (e) Enter Find that ECA has complied with its notice obligations under the Final Approval Order and Class Action Fairness Act, 28 U.S.C. § 1715, in connection with the Judgment with respect to Settlement; (f) Dismiss the claims of all Settlement Class Members and dismiss the claims of all Settlement Class Members Action with prejudice; (fg) Make the Releases in Section 10 of the Settlement Agreement effective as of the date of Preliminary Final Approval; (gh) Permanently bar Plaintiff and all Settlement Class Members who have not opted out of the Settlement from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any action in any jurisdiction based on or forum asserting any of the Released Claims; (h) Find that, by operation of the entry of the Judgment, Plaintiff and all Settlement Class Members who have not opted out of the Settlement shall be deemed to have forever released, relinquished, and discharged the Released Persons from any and all Released Claims; (i) Authorize the Settling Parties to implement the terms of the Settlement Agreement, including entry of an injunction as described herein; (j) Retain jurisdiction relating to the administration, consummation, enforcement, and interpretation of the Settlement Agreement, FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Final Approval Order, and the Judgment, and for any other necessary purpose; and (k) Issue related orders to effectuate the Final Approval of the Settlement Agreement and its implementation.