Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM The “Effective Date” of the Agreement shall be the date when each and all the following conditions have occurred: a. The Agreement has been signed by Class Representatives, Alltru, Class Counsel, and Defendant’s Counsel; and b. A Preliminary Approval Order has been entered by the Court as required by Paragraph 8, granting preliminary approval of the Agreement and approving the forms of the Class Mail Notice and Long-Form Notice; and x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and d. The Court-approved Class Mail Notices have been duly mailed to the Settlement Class as ordered by the Court; and e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and f. The Final Approval Order has been entered by the Court as provided in Paragraph 10.a; and g. The Final Judgment has been entered by the Court as provided in Paragraph 10.b; and h. The Final Approval Order and the Final Judgment entered have become final and not subject to appeal because of (i) the expiration of the time for appeals therefrom with no appeal having been taken, or (ii) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired. i. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment is vacated, modified, or otherwise altered on appeal, any Party, in its sole discretion, may, within 14 business days after such appellate ruling, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13. j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13. k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM a. The “Effective Date” of the this Agreement shall be the date when each and all of the following conditions have occurred, at which point the Settlement shall be deemed effective in all respects:
a. The i. This Agreement has been signed by Class Representativesthe Named Plaintiffs, AlltruWendover, Class Plaintiffs’ Counsel, and Defendant’s Counsel; andCounsel for Wendover;
b. ii. A Preliminary Approval Order has been entered by the Court in a form substantially similar to that attached as required by Paragraph 8Exhibit B, granting preliminary approval of the Agreement this Agreement, and approving the forms a form of the Class Mail Notice and Long-Form Notice; and, as provided in Paragraph 8;
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. iii. The Court-approved Class Mail Notices have Notice has been duly mailed to the Wendover Settlement Class as ordered by the Court; and;
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The iv. A Final Approval Order Judgment has been entered by the Court Court, in a form substantially similar to that attached as Exhibit C, as provided in Paragraph 10.a; and
g. v. The Final Judgment has been entered by the Court as provided in Paragraph 10.b; and
h. The Final Approval Order and the Final Judgment entered have Paragraphs 10.a has become final and not subject to appeal because of (ia) the expiration of the time for appeals therefrom with no without any appeal having been takentaken or, or (iib) if review of the orderjudgment, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. b. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment Judgment, other than those provisions included in Paragraph 5 of the Agreement, is vacated, voided, modified, or otherwise altered by the Court or on appeal, any PartyParty may, in its sole discretion, may, within 14 business seven (7) calendar days after of such appellate ruling, declare that the Agreement has failed to become effective, effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM a. The “Effective Date” of the this Agreement shall be the date when each and all of the following conditions have occurred, at which point the Settlement shall be deemed effective in all respects:
a. The i. This Agreement has been signed by Class Representativesthe Named Plaintiffs, AlltruLaSalle, Class Plaintiffs’ Counsel, and Defendant’s Counsel; andCounsel for LaSalle;
b. ii. A Preliminary Approval Order has been entered by the Court in a form substantially similar to that attached as required by Paragraph 8Exhibit B, granting preliminary approval of the Agreement this Agreement, and approving the forms a form of the Class Mail Notice and Long-Form Notice; and, as provided in Paragraph 8;
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. iii. The Court-approved Class Mail Notices have Notice has been duly mailed to the LaSalle Settlement Class as ordered by the Court; and;
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The iv. A Final Approval Order Judgment has been entered by the Court Court, in a form substantially similar to that attached as Exhibit C, as provided in Paragraph 10.a; and
g. v. The Final Judgment has been entered by the Court as provided in Paragraph 10.b; and
h. The Final Approval Order and the Final Judgment entered have Paragraphs 10.a has become final and not subject to appeal because of (ia) the expiration of the time for appeals therefrom with no without any appeal having been takentaken or, or (iib) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. b. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment Judgment, other than those provisions included in Paragraph 5 of the Agreement, is vacated, voided, modified, or otherwise altered by the Court or on appeal, any PartyParty may, in its sole discretion, may, within 14 business seven (7) calendar days after of such appellate ruling, declare that the Agreement has failed to become effective, effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM a. The “Effective Date” of the this Agreement shall be the date when each and all of the following conditions have occurred, at which point the Settlement shall be deemed effective in all respects:
a. The i. This Agreement has been signed by Class Representativesthe Named Plaintiffs, AlltruCountrywide, Class Plaintiffs’ Counsel, and Defendant’s Counsel; andCounsel for Countrywide;
b. ii. A Preliminary Approval Order has been entered by the Court in a form substantially similar to that attached as required by Paragraph 8Exhibit B, granting preliminary approval of the Agreement this Agreement, and approving the forms a form of the Class Mail Notice and Long-Form Notice; and, as provided in Paragraph 8;
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. iii. The Court-approved Class Mail Notices have Notice has been duly mailed to the Countrywide Settlement Class as ordered by the Court; and;
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The iv. A Final Approval Order Judgment has been entered by the Court Court, in a form substantially similar to that attached as Exhibit C, as provided in Paragraph 10.a; and
g. v. The Final Judgment has been entered by the Court as provided in Paragraph 10.b; and
h. The Final Approval Order and the Final Judgment entered have Paragraphs 10.a has become final and not subject to appeal because of (ia) the expiration of the time for appeals therefrom with no without any appeal having been takentaken or, or (iib) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. b. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment Judgment, other than those provisions included in Paragraph 5 of the Agreement, is vacated, voided, modified, or otherwise altered by the Court or on appeal, any PartyParty may, in its sole discretion, may, within 14 business seven (7) calendar days after of such appellate ruling, declare that the Agreement has failed to become effective, effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM a. The “Effective Date” of the this Agreement shall be the date when each and all of the following conditions have occurred, at which point the Settlement shall be deemed effective in all respects:
a. The i. This Agreement has been signed by Class Representativesthe Named Plaintiffs, Alltru, Class Plaintiffs’ Counsel, and Defendant’s Counsel; andthe Trustee for the AMCUSA Trust;
b. ii. A Preliminary Approval Order has been entered by the Court in a form substantially similar to that attached as required by Paragraph 8Exhibit B, granting preliminary approval of the Agreement this Agreement, and approving the forms a form of the Class Mail Notice and Long-Form Notice; and, as provided in Paragraph 8;
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. iii. The Court-approved Class Mail Notices have Notice has been duly mailed to the Advanta Settlement Class as ordered by the Court; and;
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The iv. A Final Approval Order and Final Judgment has been entered by the Court in a form substantially similar to that attached as Exhibit C, as provided in Paragraph 10.a; and
g. The Final Judgment has been entered by the Court as provided in Paragraph 10.b; and
h. v. The Final Approval Order and the Final Judgment entered as provided in Paragraphs 10.a have become final and not subject to appeal because of (ia) the expiration of the time for appeals therefrom with no without any appeal having been takentaken or, or (iib) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. b. If any material portion of the Agreement, the Final Approval OrderOrder and Final Judgment, or other than those provisions included in Paragraph 5 of the Final Judgment Agreement, is vacated, voided, modified, or otherwise altered by the Court or on appeal, any PartyParty may, in its sole discretion, may, within 14 business seven (7) calendar days after of such appellate ruling, declare that the Agreement has failed to become effective, effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM a. The “Effective Date” of the this Agreement shall be the date when each and all of the following conditions have occurred, at which point the Settlement shall be deemed effective in all respects:
a. The i. This Agreement has been signed by Class Representativesthe Named Plaintiffs, Alltruthe Settling Defendants, Class Plaintiffs’ Counsel, and Defendant’s the Settling Defendants’ Counsel; and;
b. ii. A Preliminary Approval Order has been entered by the Court in a form substantially similar to that attached as required by Paragraph 8Exhibit B, granting preliminary approval of the Agreement this Agreement, and approving the forms a form of the Class Mail Notice and Long-Form Notice; and, as provided in Paragraph 8;
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. iii. The Court-approved Class Mail Notices have Notice has been duly mailed to the DBNTC Trusts Settlement Class as ordered by the Court; and;
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The iv. A Final Approval Order has been entered by the Court as provided in Paragraph 10.a; and
g. The Final and Judgment has been entered by the Court Court, in a form substantially similar to that attached as Exhibit C, as provided in Paragraph 10.b10; and
h. v. The Final Approval Order and the Final Judgment entered have as provided in Paragraph 10 has become final and not subject to appeal because of (ia) the expiration of the time for appeals therefrom with no without any appeal having been takentaken or, or (iib) if review of the order, judgment or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. b. If any material portion of the Agreement, or the Final Approval OrderOrder and Judgment, or other than those provisions included in Paragraph 5 of the Final Judgment Agreement, is vacated, voided, modified, or otherwise altered by the Court or on appeal, any PartyParty may, in its sole discretion, may, within 14 business seven (7) calendar days after of such appellate ruling, declare that the Agreement has failed to become effective, effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Settlement Agreement
Effectiveness of Settlement Agreement. Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM The “Effective Date” of the this Agreement shall be the date when each and all of the following conditions have occurred:
a. The This Agreement has been signed by Class Representativesthe Plaintiff Xxxxxxx, AlltruKTCCU, Class Plaintiff’s Counsel, and Defendant’s Counsel; and
b. A Preliminary Approval Order has been entered by the Court in a form substantially similar to that attached as required by Paragraph 8Exhibit B, granting preliminary approval of the Agreement this Agreement, and approving the forms a form of the Class Mail Notice and Long-Form Notice, as provided in Paragraph 8; and
x. Xxxxxxx (or Xxxxxxxxx’x bankruptcy estate) has been declared or ordered to be replaced by Xxxxxxx Xxxxx to act on behalf of Xxxxxxxxx’x heirs and to act as a substitute class representative; and
d. c. The Court-approved Class Mail Notices have been duly mailed to the Settlement Class as ordered by the CourtCourt in the Litigation; and
e. The Court-approved Long-Form Notice has been provided on a website that the Electronically Filed - City of St. Louis - February 18, 2022 - 03:55 PM Settlement Class can access; and
f. The d. A Final Approval Order has been entered by the Court in a form substantially similar to that attached as Exhibit C as provided in Paragraph 10.a10(a); and
g. The e. A Final Judgment has been entered by the Court Court, in a form substantially similar to that attached as Exhibit D, as provided in Paragraph 10.b10(b); and
h. f. The Final Approval Order and the Final Judgment entered as provided in Paragraphs 10(a) and 10(b) have become final and not subject to appeal because of (i) the expiration of the time for appeals therefrom with no without any appeal having been takentaken or, or (ii) if review of the order, or any portion thereof, is sought by any person, the matter has been fully and finally resolved by the appellate court(s) and the time for seeking any higher level of appellate review has expired.
i. g. If any material portion of the Agreement, the Final Approval Order, or the Final Judgment is vacated, modified, or otherwise altered on appeal, any PartyParty may, in its sole discretion, may, within 14 business seven (7) calendar days after of such appellate ruling, declare that the Agreement has failed to become effective, effective and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
j. If any person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest, Class Representative or Class Counsel, in his or their sole discretion, may, within 10 business days before the Final Hearing Date, declare the Agreement has failed to become effective, and in such circumstances the Agreement shall cease to be of any force and effect as provided in Paragraph 13.
k. Class Counsel shall file a Satisfaction of Judgment in this case within 10 business days after Alltru has filed an affidavit of compliance with the Court affirming that all obligations of Alltru have been completed as required by the Agreement.
Appears in 1 contract
Samples: Settlement Agreement