Common use of FINAL APPROVAL AND FINAL JUDGMENT Clause in Contracts

FINAL APPROVAL AND FINAL JUDGMENT. A. If the Court grants Preliminary Approval of this Settlement Agreement, Class Plaintiffs, through Class Counsel, shall, in accordance with the schedule set forth in the Court’s Preliminary Approval Order, submit to the Court a separate motion for Final Approval of this Settlement Agreement. The motion for Final Approval shall seek entry of an order and Final Judgment that: i. Finally approves the Settlement as a fair, reasonable, and adequate settlement for the Settlement Class within the meaning of Federal Rule of Civil Procedure 23, and directs that the Settlement be implemented, performed, and consummated in full pursuant to the terms and conditions set forth in this Settlement Agreement; ii. Finds (1) that the Court has personal jurisdiction over the Class Plaintiffs, GTL, and all Settlement Class Members and (2) that the Court has subject-matter jurisdiction to approve the Settlement and Settlement Agreement; iii. Certifies the Settlement Class solely for purposes of this Settlement; iv. Finds that the Settlement Class Notice Program: (i) constituted the best practicable notice; (ii) constituted notice that was reasonably calculated under the circumstances to apprise the Settlement Class of the pendency of the Action, of their rights to object to or exclude themselves from the proposed Settlement, and of their right to appear at the Fairness Hearing; (iii) constituted reasonable, due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) met all requirements applicable law, including the Due Process Clause; v. Finds that Class Counsel and the Class Plaintiffs adequately represented the Settlement Class for purposes of entering into and implementing the Settlement and Settlement Agreement; vi. Dismisses the Action with prejudice; vii. Orders the Class Plaintiffs and Settlement Class Members to discharge the Released Parties of and from all further liability to the Class Plaintiffs and Settlement Class Members with respect to the Released Claims (but not as to any obligations created or owed pursuant to this Settlement Agreement); viii. Permanently bars and enjoins Class Plaintiffs and Settlement Class Members from bringing, filing, commencing, prosecuting (or further prosecuting), or intervening in any other lawsuit, arbitration, or administrative, regulatory, or other proceeding or cause of action in law or equity that asserts the Released Claims or from receiving any settlement consideration in any other lawsuit, arbitration, or administrative, regulatory, or other proceeding or cause of action in law or equity based on the Released Claims; ix. Approves payment of the Attorneys’ Fees, Expenses, and Costs Award and Case-Contribution Awards, as determined by the Court; x. Approves the Opt-Out List and determines that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, shall neither share in nor be bound by the Settlement as finally approved; xi. Reserves continuing and exclusive jurisdiction over the Settlement for all purposes except as to the provisions set out in Section IV.D, as more fully explained in Section XV.B; and xii. Determines under Fed. R. Civ. P. 54(b) that there is no just reason for delay and directs that the judgment of dismissal as to the Released Parties shall be final and appealable and entered forthwith. B. The Parties shall take all reasonable steps necessary to obtain Final Approval of the Settlement. C. If the Final Approval Order becomes Final, all Settlement Class Members who have not excluded themselves from the Settlement Class shall be bound by this Settlement Agreement.