Common use of Final Approval Order and Judgment Clause in Contracts

Final Approval Order and Judgment. (a) After the Settlement Agreement is approved preliminarily by the Court, Plaintiffs shall move for Final Approval of the Settlement no later than twenty-one (21) days prior to the Final Approval Hearing. Plaintiffs’ motion shall attach a proposed Final Approval Order and Judgment. (b) The proposed Final Approval Order and Judgment shall: a. approve this Settlement Agreement without modification (except insofar as the Parties have agreed to such modification) as fair, reasonable and adequate to the Settlement Class and direct its consummation according to its terms; b. find that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed Settlement, and the right to appear at the Final Approval Hearing; constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process, and the applicable rules of civil procedure; c. find that all members of the Settlement Class (except those who have properly excluded themselves) shall be bound by this Settlement Agreement, including the release provisions and covenant not to xxx; d. direct that upon the Effective Date, judgment be entered immediately dismissing the Action with prejudice; e. incorporate the release and covenant not to xxx set forth in the Settlement Agreement, and forever bar any claims or liabilities related to any Released Claims; f. approve payment of the Service Awards and Attorneys’ Fees and Costs; and g. retain jurisdiction solely of matters relating to the interpretation, administration, implementation, and enforcement of this Settlement Agreement.

Final Approval Order and Judgment. 11.01 No later than fourteen (a14) After calendar days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 11.02 If the Settlement Agreement is approved preliminarily by the Court, Plaintiffs shall move for Final Approval of and all other conditions precedent to the Settlement have been satisfied, no later than twenty-one fourteen (2114) calendar days prior to Final Approval Hearing: a. The Parties shall both request individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit B and the Judgment in substantially the form attached as Exhibit E, with Class Counsel filing a memorandum of points and authorities in support of the motion; and, b. Class Counsel and/or Defendant may file a memorandum addressing any objections submitted to the Settlement. 11.03 At the Final Approval Hearing. Plaintiffs’ motion shall attach a proposed , the Parties will ask the Court to consider and determine whether the provisions of this Agreement should be approved, whether the Settlement should be finally approved as fair, reasonable and adequate, whether any objections to the Settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, and whether the Final Approval Order and JudgmentJudgments should be entered. (b) The proposed 11.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order and Judgment shallwhich grants final approval of this Agreement and: a. approve this finds that the Notice provided satisfies the requirements of due process and Federal Rule of Civil Procedure Rule 23(e)(1); b. finds that Settlement Class Members have been adequately represented by Plaintiffs and Class Counsel; c. finds that the Settlement Agreement without modification (except insofar as the Parties have agreed to such modification) as is fair, reasonable and adequate to the Settlement Class and direct its consummation according to its terms; b. find Class, that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the each Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed Settlement, and the right to appear at the Final Approval Hearing; constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process, and the applicable rules of civil procedure; c. find that all members of the Settlement Class (except those who have properly excluded themselves) Member shall be bound by this Settlement Agreement, including the release provisions in Sections 13.01 through 13.04, and the covenant not to xxx; d. direct that upon the Effective Date, judgment be entered immediately dismissing the Action with prejudice; e. incorporate the release and covenant not to xxx set forth sue in the Settlement AgreementSection 13.05, and forever bar any claims or liabilities related to any Released Claims; f. approve payment of the Service Awards and Attorneys’ Fees and Costs; and g. retain jurisdiction solely of matters relating to the interpretation, administration, implementation, and enforcement of that this Settlement Agreement.Agreement should be and is approved;

Final Approval Order and Judgment. (a) After the Settlement Agreement is approved preliminarily by the Court, Plaintiffs shall move for Final Approval of the Settlement no later than twenty-one (21) days prior to the Final Approval Hearing. Plaintiffs’ motion shall attach a proposed Final Approval Order and Judgment. (b) The proposed Final Approval Order and Judgment shall: a. approve this Settlement Agreement without modification (except insofar as the Parties have agreed to such modification) as fair, reasonable and adequate to the Settlement Class and direct its consummation according to its terms; b. find that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed Settlement, and the right to appear at the Final Approval Hearing; constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process, and the applicable rules of civil procedure; c. find that all members of the Settlement Class (except those who have properly excluded themselves) shall be bound by this Settlement Agreement, including the release provisions and covenant not to xxxsue; d. direct that upon the Effective Date, judgment be entered immediately dismissing the Action with prejudice; e. incorporate the release and covenant not to xxx sue set forth in the Settlement Agreement, and forever bar any claims or liabilities related to any Released Claims; f. approve payment of the Service Awards and Attorneys’ Fees and Costs; and g. retain jurisdiction solely of matters relating to the interpretation, administration, implementation, and enforcement of this Settlement Agreement.

Final Approval Order and Judgment. (a) After 57. Plaintiffs’ motion for preliminary approval of the Settlement Agreement is approved preliminarily by will include a request to the Court, Court for a scheduled date on which the Final Approval Hearing will occur. Plaintiffs shall move file their application for Final Approval attorneys’ fees and costs and for a Service Award for Plaintiffs, no later than 21 days prior to the Objection Deadline. Plaintiffs shall file their motion for final approval of the Settlement no later than twenty-one (21) 14 days prior to the Final Approval Hearing. Plaintiffs’ motion shall attach a proposed Final Approval Order and Judgment. (b) 58. The proposed Final Approval Order that will be attached to the motion shall be in a form agreed upon by Class Counsel and Judgment Chase. Such proposed Final Approval Order shall, among other things: a. approve this Settlement Agreement without modification (except insofar as the Parties have agreed to such modification) as fair, reasonable and adequate to Determine that the Settlement Class and direct its consummation according to its terms; b. find that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed Settlement, and the right to appear at the Final Approval Hearing; constitutes duefair, adequate, and sufficient notice to all persons entitled to receive notice; and meets reasonable; b. Finally certify the requirements of due process, and the applicable rules of civil procedureSettlement Class for settlement purposes only; c. find Designate the Plaintiffs as Class Representatives; d. Appoint Class Counsel; e. Determine that the Notice provided satisfied Due Process requirements; f. Dismiss the Action with prejudice and without costs; g. Bar and enjoin Plaintiffs and all members Settlement Class Members from asserting any of the Settlement Class (except those who have properly excluded themselves) shall be bound by Released Claims, as set forth in Section XIV hereof, including during the pendency of any appeal from the Final Approval Order; h. Release Chase and the Released Parties from the Released Claims, as set forth in Section XIV hereof; and i. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Settlement Agreement, including the release provisions and covenant not to xxx; d. direct that upon the Effective DatePlaintiffs, judgment be entered immediately dismissing the Action with prejudice; e. incorporate the release and covenant not to xxx set forth in the Chase, all Settlement AgreementClass Members, and forever bar any claims or liabilities related all objectors, to any Released Claims; f. approve payment of the Service Awards and Attorneys’ Fees and Costs; and g. retain jurisdiction solely of matters relating to the interpretationadminister, administrationsupervise, implementationconstrue, and enforcement of enforce this Settlement AgreementAgreement in accordance with its terms.

Final Approval Order and Judgment. 2.1.5.1 Plaintiffs shall file a motion seeking final approval of the Settlement (the “Final Approval Motion”) with the Court no later than thirty-one (31) days before the Final Approval Hearing. In the Final Approval Motion, the Plaintiffs will request that the Court, on or after the Final Approval Hearing: (a) After the Settlement Agreement is approved preliminarily by the Court, Plaintiffs shall move for enter a Final Approval Order and Judgment, substantially in the form attached as Exhibit B, granting final approval of the Settlement and dismissing the Action with prejudice; (b) approve the distribution of the Net Settlement Fund as provided in the Plan of Allocation; (c) determine the amount of legal fees and expenses to be awarded to Co-Lead Class Counsel as contemplated by Section 11 of this Settlement Agreement; and (d) determine the Case Contribution Awards, if any, to be awarded to the Plaintiffs. 2.1.5.2 The Final Approval Motion also shall ask the Court to permanently enjoin: (i) the members of the Settlement Class from bringing in any forum any of Plaintiffs’ Released Claims against any of Plaintiffs’ Released Persons; and (ii) Xxxxxx Xxx Parties from bringing in any forum any of Xxxxxx Xxx Parties’ Released Claims against any of Xxxxxx Xxx Parties’ Released Persons. 2.1.5.3 At the Final Approval Hearing, the Plaintiffs and Xxxxxx Xxx shall request that the Court rule on any objections to the Settlement (“Objections”) by any Class Member, find that the Settlement is fair, reasonable and adequate, and enter the Final Approval Order and Judgment. To be considered timely, Objections must be received by the Court no later than twenty-one (21) days prior to before the Final Approval Hearing. Plaintiffs’ motion The Objection must be signed by the objector, set forth any and all objections to this Settlement and include any supporting papers and arguments. 2.1.5.4 The Parties agree to support entry of the Final Approval Order and Judgment, including through the conclusion of any Review Proceeding. Further, Xxxxxx Xxx Parties shall attach not take any adverse position with respect to the matters described in clauses b, or d of Section 2.1.5.1, so long as disposition of those matters is substantially in accordance with the provisions of Section 9 and Section 11 of this Settlement Agreement. The Parties otherwise covenant and agree to reasonably cooperate with one another and to take all actions reasonably necessary to effectuate the Settlement Agreement and to obtain a proposed Final Approval Order and Judgment. (b) 2.1.5.5 The proposed Settlement provided for in this Settlement Agreement is expressly conditioned upon the entry of the Final Approval Order and Judgment shall: a. approve this Settlement Agreement without modification (except insofar as by the Parties have agreed to such modification) as fair, reasonable and adequate to the Settlement Class and direct its consummation according to its terms; b. find that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed SettlementCourt, and the right to appear at the Final Approval Hearing; constitutes dueOrder and Judgment becoming Final in accordance with Sections 2.1.5.1, adequate2.1.5.2, 2.1.5.3, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process, and the applicable rules of civil procedure; c. find that all members of the Settlement Class (except those who have properly excluded themselves) shall be bound by this Settlement Agreement, including the release provisions and covenant not to xxx; d. direct that upon the Effective Date, judgment be entered immediately dismissing the Action with prejudice; e. incorporate the release and covenant not to xxx set forth in the Settlement Agreement, and forever bar any claims or liabilities related to any Released Claims; f. approve payment of the Service Awards and Attorneys’ Fees and Costs; and g. retain jurisdiction solely of matters relating to the interpretation, administration, implementation, and enforcement of this Settlement Agreement2.1.5.

Final Approval Order and Judgment. (a) After 1. s motion for preliminary approval of the Settlement Agreement is approved preliminarily by will include a request to the CourtCourt for a scheduled date on which the Final Approval Hearing will occur. By no later than 21 days prior to the Objection Deadline, Plaintiffs shall move file a motion for Final Approval final approval of the Settlement and a motion for Service Awards. By no later than twenty-one (21) 14 days prior to the Final Approval Hearing, the Parties shall file responses, if any, to any objections, and any replies in support of final for each Class Representative. Plaintiffs’ motion shall attach a proposed at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement or to the applications , costs, and expenses, and for Service Awards, provided the objectors filed timely objections that meet all of the requirements listed in Section VII paragraph 4. 2. At or following the Final Approval Hearing, the Court will determine whether to enter the Final Approval Order granting final approval of the Settlement, and Judgment. (b) and expenses, and the Service Awards. The proposed Final Approval Order that will be filed with the motion for final approval shall be in a form agreed upon by Class Counsel and Judgment Defendants. Such proposed Final Approval Order shall, among other things: a. approve this Settlement Agreement without modification (except insofar as the Parties have agreed to such modification) as fair, reasonable and adequate to Determine that the Settlement Class and direct its consummation according to its terms; b. find that the form and manner of notice implemented pursuant to this Settlement Agreement constitutes the best notice practicable under the circumstances; constitutes notice that is reasonably calculated, under the circumstances, to apprise the members of the Settlement Class of the pendency of Plaintiffs’ claims, the terms of the proposed Settlement, the right to object to or exclude themselves from the proposed Settlement, and the right to appear at the Final Approval Hearing; constitutes duefair, adequate, and sufficient notice to all persons entitled to receive notice; and meets reasonable; b. Finally certify the requirements of due process, and the applicable rules of civil procedureSettlement Class for settlement purposes only; c. find Determine that all members of the Settlement Class (except those who have properly excluded themselves) shall be bound by this Settlement Agreement, including the release provisions and covenant not to xxxNotice provided satisfied Due Process requirements; d. direct that upon the Effective Date, judgment be entered immediately dismissing Dismiss the Action with prejudice; e. incorporate Bar and enjoin the release and covenant not to xxx Releasing Parties from asserting any of the Released Claims, as set forth in Section IX, including during the Settlement Agreement, and forever bar pendency of any claims or liabilities related to any Released Claimsappeal from the Final Approval Order; f. approve payment of Release Defendants and the Service Awards and Attorneys’ Fees and CostsReleased Parties from the Released Claims, as set forth in Section IX; and g. retain x. xx and exclusive jurisdiction solely of matters relating over Defendants and all Settlement Class Members (including all objectors) to the interpretationadminister, administrationsupervise, implementationconstrue, and enforcement of enforce this Settlement AgreementAgreement in accordance with its terms.