Final Approval by Court. No later than 35 calendar days before the Fairness Hearing, or by such other deadline as specified by the Court, Class Counsel shall apply to the Court for entry of the Final Judgment and Order of Dismissal with Prejudice in substantially the form attached as Exhibit B hereto, which shall include, among other provisions, a request that the Court:
(a) dismiss the Action with prejudice and without costs, except as provided by this Settlement Agreement;
(b) decree that neither the Final Judgment and Order of Dismissal with Prejudice nor this Settlement Agreement constitutes an admission by any Defendant or Released Party of any liability or wrongdoing whatsoever;
(c) bar and enjoin all Class Members from asserting any of Plaintiffs’ Released Claims, on their own behalf or on behalf of the Class Members, or derivatively to secure relief for the Plan, against any of the Released Parties;
(d) determine that this Settlement Agreement is entered into in good faith and represents a fair, reasonable, and adequate settlement that is in the best interests of the Class Members;
(e) that the Class Representatives and each Class Member shall release Defendants, Defendants’ Counsel, the Released Parties, and the Plan from any claims, liabilities, and attorneys’ fees and expenses arising from the allocation of the Settlement Amount or Net Settlement Fund and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses;
(f) that all applicable CAFA requirements have been satisfied;
(g) that the Settlement Administrator shall have final authority to determine the share of the Net Settlement Fund to be allocated to each Active Participant, each Inactive Participant, and each Former Participant pursuant to the Plan of Allocation approved by the Court; and
(h) preserve the Court’s continuing and exclusive jurisdiction over the Parties and all Class Members to administer, construe, and enforce this Settlement Agreement in accordance with its terms for the mutual benefit of the Parties, but without affecting the finality of the Final Approval Order.
Final Approval by Court. No later than fourteen (14) calendar days before the Fairness Hearing, or by such other deadline as specified by the Court, Class Counsel shall apply to the Court for entry of the Final Approval Order, which shall include, among other provisions, a request that the Court:
(a) dismiss the Action with prejudice and without costs, except as contemplated by this Settlement Agreement;
(b) decree that neither the Final Approval Order nor this Settlement Agreement constitutes an admission by any Defendant or Released Party of any liability or wrongdoing whatsoever;
(c) bar and enjoin all Class Members from asserting any of Plaintiffs’ Released Claims against any of the Released Parties;
(d) determine that this Settlement Agreement is entered into in good faith and represents a fair, reasonable, and adequate settlement that is in the best interests of the Class Members; and
(e) preserve the Court’s continuing and exclusive jurisdiction over the Parties and all Class Members to administer, construe, and enforce this Settlement Agreement in accordance with its terms for the mutual benefit of the Parties, but without affecting the finality of the Final Approval Order.
Final Approval by Court. It is expressly agreed and understood that the effectiveness of this Agreement is expressly conditioned on the final approval of this Agreement by the Court and shall have no force or effect, nor be binding upon any Party hereto until such time as final approval by the Court is given. The Parties agree that, as soon as practicable following execution of this Agreement (and not later than five business days in any event), they will jointly move the Court to preliminarily approve the Agreement, to authorize the giving of notice of the Settlement to shareholders (if deemed necessary by the Court), to set a hearing for the final approval of the Agreement, and to grant final approval of the Agreement. In the event the Court does not grant final approval of the Agreement prior to March 31, 1997, this Agreement shall be void and of no effect and the parties shall revert to the status quo ante as of the date of the Agreement.
Final Approval by Court. No later than 35 calendar days before the Fairness Hearing, or by such other deadline as specified by the Court, Class Counsel shall apply to the Court for entry of the Final Judgment and Order of Dismissal with Prejudice in substantially the form attached as Exhibit B hereto, which shall include, among other provisions, a request that the Court:
(a) dismiss the Action with prejudice and without costs, except as provided by this Settlement Agreement;
(b) decree that neither the Final Judgment and Order of Dismissal with Prejudice nor this Settlement Agreement constitutes an admission by any Defendant or Released Party of any liability or wrongdoing whatsoever;
(c) bar and enjoin all Class Members from asserting any of Plaintiff’s Released Claims against any of the Released Parties;
(d) determine that this Settlement Agreement is entered into in good faith and represents a fair, reasonable, and adequate settlement that is in the best interests of the Class Members; and
(e) preserve the Court’s continuing and exclusive jurisdiction over the Parties and all Class Members to administer, construe, and enforce this Settlement Agreement in accordance with its terms for the mutual benefit of the Parties, but without affecting the finality of the Final Approval Order.
