Common use of Final Approval Order Clause in Contracts

Final Approval Order. 74. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry of a Final Approval Order. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms; b. Dismisses, with prejudice, all Released Claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund. 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.

Final Approval Order. 7469. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant Uber shall jointly seek entry of a Final Approval Order, the text of which Plaintiffs and Uber shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 7570. The Parties shall jointly submit to the Court a proposed order, substantially in the form attached hereto as Exhibit 7, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, reasonable, and adequate settlement as to the Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and directing its consummation according to its terms; b. Dismisses, with prejudice, all Released Claims claims of the Settlement Class Classes against Defendant Uber in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement ClassClasses, the Settlement Class Members, Defendant Uber and the settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund. 7671. Class Counsel shall use their best efforts to assist Defendant Uber in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.

Final Approval Order. 74. If the Settlement After Notice is approved preliminarily by the Courtgiven, and all other conditions precedent to no earlier than 21 days following the Settlement have been satisfiedClaims Deadline, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs Class Counsel shall move the Court for final approval and Defendant shall jointly seek entry of a Final Approval Order. The dismissal ordersJudgment, motions or stipulation to implement this Section shallwhich shall include, among other thingsprovisions, seek a request that the Court: (a) find that the Court has personal jurisdiction over all Settlement Class Members and Defendants for settlement purposes only and that the Court has subject matter jurisdiction to approve the Settlement Agreement, including all exhibits thereto; (b) approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Settlement Class Members; direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and provisions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or provide for a dismissal other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with prejudice and waiving any rights respect to the Released Claims; (c) find that the Notice implemented pursuant to the Agreement (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members of appeal. The motion for entry the pendency of a Final Approval Order will include a declaration the Action, their right to object to the Settlement or exclude themselves from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, reasonableClass, and adequate settlement as to appear at the Settlement Class Members within the meaning of Rule 23 Final Approval Hearing; (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and (iv) meets all applicable requirements of the Federal Rules of Civil Procedure Procedure, the Due Process Clause of the United States Constitution, and directing its consummation according to its termsthe rules of the Court; b. Dismisses, (d) find that the Class Representatives and Class Counsel adequately represent the Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) dismiss the Actions (including all individual claims and class claims presented thereby) on the merits and with prejudice, all without fees or costs to any party except as provided in the Settlement Agreement; (f) incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims of as set forth herein; (g) permanently bar and enjoin all Settlement Class Members who have not properly sought exclusion from the Settlement Class against Defendant from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Litigation, without costs and fees except as explicitly provided for in this AgreementReleased Claims; and, c. Reserves continuing and exclusive jurisdiction over (h) without affecting the settlement and this Agreement, including but not limited to finality of the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement Final Judgment for the purposes of administeringappeal, consummatingretain jurisdiction as to all matters relating to administration, supervisingconsummation, construing enforcement, and enforcing interpretation of the Settlement Agreement and the Settlement FundFinal Judgment, and for any other necessary purpose. 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.

Final Approval Order. 74. If the Settlement is approved preliminarily by The Parties shall use their best efforts to secure the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry ’s issuance of a Final Approval Order. The dismissal orders, motions or stipulation to implement this Section Final Approval Order shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from : A. Approve the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, adequate and reasonable, and adequate settlement as consistent and in compliance with the applicable provisions of the law; direct the Parties and their counsel to implement and consummate this Settlement Agreement according to its terms and provisions; and declare this Settlement Agreement to be binding on, and have res judicata and effect in all pending and future lawsuits or other proceedings encompassed by the Release; B. Find that notice substantially in the form of Exhibit 1 and the notice procedure implemented pursuant to this Settlement Agreement: (i) constitute the best practicable notice; (ii) constitute notice that is reasonably calculated, under the circumstances, to inform members of the Settlement Class Members within of their right to object to the meaning proposed Settlement Agreement and to appear at the Final Approval Hearing; (iii) are reasonable and constitute due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) meet all applicable requirements of Rule 23 of the Federal Washington’s Rules of Civil Procedure and directing its consummation according Due Process. C. Dismiss the Action on the merits and with prejudice with respect to its termsDefendants, without fees or costs to any party except as provided in this Settlement Agreement; b. Dismisses, with prejudice, all Released Claims D. Incorporate the Release set forth in Section III; E. Without affecting the finality of the Settlement Class against Defendant in the Litigation, without costs Final Approval Order and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement Judgment for the purposes of administeringappeal, consummatingretain jurisdiction as to all matters relating to administration, supervisingconsummation, construing enforcement, and enforcing the interpretation of this Settlement Agreement and the Settlement Fund.Final Approval Order, and for any other necessary purpose; and 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of F. Incorporate any other provisions as the Litigation and take all steps Court deems necessary and appropriate to otherwise effectuate all aspects of this Agreementjust.

Final Approval Order. 74. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant 12.1 The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving waiver of any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. 12.2 The Parties shall jointly submit to the Court a proposed order, Final Approval Order that, without limitation: a. (a) Approves finally this Settlement Agreement and its terms as being a fair, reasonablereasonable and adequate as to, and adequate settlement as to in the best interest of, the Settlement Class Members within Members; makes a finding that the meaning of Rule 23 of Settlement Agreement was entered into in good faith, and direct the Federal Rules of Civil Procedure Parties and directing its consummation their counsel to implement and consummate the Settlement according to its termsterms and conditions; b. (b) Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Settlement Agreement; and, c. (c) Reserves continuing and exclusive jurisdiction over the settlement Settlement and this Agreement, including including, but not limited to to, the Litigation, the Settlement Class, the Settlement Class Members, Defendant Defendant, and the settlement Settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund. 76. 12.3 Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Settlement Agreement.

Final Approval Order. 74. If the Settlement is approved preliminarily by The Parties shall use their best efforts to secure the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry ’s issuance of a Final Approval Order. The dismissal orders, motions or stipulation to implement this Section Final Approval Order shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this A. Approve the Amended Settlement Agreement and its terms as being a fair, adequate, and reasonable, and adequate settlement as consistent and in compliance with the applicable provisions of the law; direct the Parties and their counsel to implement and consummate this Amended Settlement Agreement according to its terms and provisions; and declare this Amended Settlement Agreement to be binding on, and have res judicata effect in all pending and future lawsuits or other proceedings encompassed by the Release set forth in Section III of this Amended Settlement Agreement; B. Find that the Notices of Settlement and the notice procedure implemented pursuant to this Amended Settlement Agreement: (i) constitute the best practicable notice; (ii) constitute notice that is reasonably calculated, under the circumstances, to inform Members of the Class of their right to object to the proposed Amended Settlement Class Members within Agreement, to exclude themselves, and to appear at the meaning of Rule 23 Final Approval Hearing; (iii) are reasonable and constitute due, adequate, and sufficient notice to all persons entitled to receive notice; and (iv) meet all applicable requirements of the Federal Rules of Civil Procedure and directing its consummation according to its termsDue Process; b. DismissesC. Dismiss the Action on the merits and with prejudice with respect to Harborstone Credit Union, with prejudice, all Released Claims without fees or costs to any Party except as provided in this Amended Settlement Agreement; D. Incorporate the Release set forth in Section III; E. Without affecting the finality of the Settlement Class against Defendant in the Litigation, without costs Final Approval Order and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement Judgment for the purposes of administeringappeal, consummatingretain jurisdiction as to all matters relating to administration, supervisingconsummation, construing enforcement, and enforcing the interpretation of this Amended Settlement Agreement and the Settlement Fund.Final Approval Order, and for any other necessary purpose; and 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of F. Incorporate any other provisions as the Litigation and take all steps Court deems necessary and appropriate to otherwise effectuate all aspects of this Agreementjust.

Final Approval Order. 74. If the Settlement is approved preliminarily by the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant 12.1 The Parties shall jointly seek entry of a Final Approval Order, the text of which the Parties shall agree upon. The dismissal orders, motions or stipulation to implement this Section shall, among other things, seek or provide for a dismissal with prejudice and waiving waiver of any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. 12.2 The Parties shall jointly submit to the Court a proposed order, Final Approval Order that, without limitation: a. (a) Approves finally this Settlement Agreement and its terms as being a fair, reasonablereasonable and adequate as to, and adequate settlement as to in the best interest of, the Settlement Class Members within Members; makes a finding that the meaning of Rule 23 of Settlement Agreement was entered into in good faith, and direct the Federal Rules of Civil Procedure Parties and directing its consummation their counsel to implement and consummate the Settlement according to its termsterms and conditions; b. (b) Dismisses, with prejudice, all Released Claims claims of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Settlement Agreement; and, c. (c) Reserves continuing and exclusive jurisdiction over the settlement Settlement and this Agreement, including including, but not limited to to, the LitigationAction, the Settlement Class, the Settlement Class Members, Defendant Defendant, and the settlement Settlement for the purposes of administering, consummating, supervising, construing and enforcing the Settlement Agreement and the Settlement Fund. 76. 12.3 Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Settlement Agreement.

Final Approval Order. 7446. If Xxxxxx’x motion for Preliminary Approval of the Settlement is approved preliminarily by will include a request to the CourtCourt for a scheduled date on which the Final Approval Hearing will occur. Xxxxxx shall file the motion for Final Approval of the Settlement, and all other conditions precedent to the Settlement have been satisfiedClass Counsel’s application for attorneys’ fees, costs and expenses and for a Service Award for Xxxxxx, no later than fourteen seven (147) calendar days prior before the Final Approval Hearing. Subject to the Court’s discretion, at the Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry of a the Court will hear argument on Xxxxxx’x motion for Final Approval Orderof the Settlement and on Class Counsel’s application for attorneys’ fees, costs, and expenses and for a Service Award for Xxxxxx. In the Court’s discretion, the Court also may hear argument at the Final Approval Hearing from any Settlement Class Member (or their counsel) who objects to the Settlement or to the fee, cost, expense or Service Award application, provided the objector filed a timely objection that meets all of the requirements listed in paragraphs 37 and 38 hereof. 47. 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 whether to approve Class Counsel’s request for attorneys’ fees, costs, expenses and a Service Award. The dismissal orders, motions or stipulation proposed Final Approval Order that will be attached to implement this Section the motion shall be in the form agreed upon by Class Counsel and Berkshire and attached hereto as Exhibit 1. Such proposed Final Approval Order shall, among other things: a. Determine that the Settlement is fair, seek or provide adequate and reasonable and grant Final Approval of the Settlement in accordance with Rule 23; b. Finally certify the Settlement Class for a dismissal settlement purposes only; c. Determine that the Notice provided satisfies Due Process requirements; d. Dismiss the Action with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order.without costs; 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement e. Bar and its terms as being a fair, reasonable, enjoin Xxxxxx and adequate settlement as to the all Settlement Class Members within the meaning of Rule 23 from asserting any of the Federal Rules of Civil Procedure and directing its consummation according to its termsReleased Claims, as set forth in Section XII hereof, including during any appeal from the Final Approval Order; b. Dismissesf. Release Berkshire and the Released Parties from the Released Claims, with prejudice, all Released Claims of the Settlement Class against Defendant as set forth in the Litigation, without costs and fees except as explicitly provided for in this AgreementSection XII hereof; and, c. Reserves g. Reserve the Court’s continuing and exclusive jurisdiction over the settlement and Parties to this Agreement, including but not limited to the LitigationBerkshire, the Settlement ClassXxxxxx, the all Settlement Class Members, Defendant and the settlement for the purposes of administeringany objectors, consummatingto administer, supervisingsupervise, construing construe and enforcing the Settlement enforce this Agreement and the Settlement Fundin accordance with its terms. 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.

Final Approval Order. 74. If the Settlement is approved preliminarily by The Parties shall use their best efforts to secure the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry ’s issuance of a Final Approval Order. The dismissal orders, motions or stipulation to implement this Section Final Approval Order shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from : A. Approve the Settlement Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, adequate and reasonable, and adequate settlement as consistent and in compliance with the applicable provisions of the law; direct the Parties and their counsel to implement and consummate this Settlement Agreement according to its terms and provisions; and declare this Settlement Agreement to be binding on, and have res judicata and effect in all pending and future lawsuits orother proceedings encompassed by the Settlement; B. Find that notice substantially in the form of agreed to by the Parties and the notice procedure implemented pursuant to this Settlement Agreement: (i) constitute the best practicable notice; (ii) constitute notice that is reasonably calculated, under the circumstances, to inform Settlement Class Members within of their right to object to the meaning of Rule 23 proposed Settlement Agreement and to appear at the Final Approval Hearing; (iii) are reasonable and constitute due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) meet all applicable requirements of the Federal Rules of Civil Procedure and directing its consummation according to its termsdue process; b. DismissesC. Dismiss the Action on the merits and with prejudice with respect to Defendants, with prejudice, all Released Claims without fees or costs to any party except as provided in this Settlement Agreement; D. Incorporate the Releases set forth in Section III; E. Without affecting the finality of the Settlement Class against Defendant in the Litigation, without costs and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement Final Approval Order for the purposes of administeringappeal, consummatingretain jurisdiction as to all matters relating to administration, supervisingconsummation, construing enforcement, and enforcing the interpretation of this Settlement Agreement and the Settlement FundFinal Approval Order, and for any other necessary purpose; and F. Incorporate any other provisions as the Court deems necessary andjust. 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of the Litigation and take all steps necessary and appropriate to otherwise effectuate all aspects of this Agreement.

Final Approval Order. 74. If the Settlement is approved preliminarily by The Parties shall use their best efforts to secure the Court, and all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing, Plaintiffs and Defendant shall jointly seek entry ’s issuance of a Final Approval OrderOrder consistent with this Agreement and prevailing Court Rules and laws in effect. The dismissal orders, motions or stipulation to implement this Section Final Approval Order shall, among other things, seek or provide for a dismissal with prejudice and waiving any rights of appeal. The motion for entry of a Final Approval Order will include a declaration from the Settlement Administrator stating : A. Find that the Notice required by the Agreement Court has been completed in accordance with the terms of the Preliminary Approval Order. 75. The Parties shall jointly submit to the Court a proposed order, that, without limitation: a. Approves finally this Agreement and its terms as being a fair, reasonable, and adequate settlement as to personal jurisdiction over the Settlement Class Members within and that the meaning Court has subject matter jurisdiction to approve this Settlement Agreement; B. Approve the Settlement Agreement as fair, adequate and reasonable, and consistent and in compliance with the applicable provisions of Rule 23 the law and direct the Parties and their counsel to implement and consummate this Settlement Agreement according to its terms and provisions; C. Find that notice substantially in the form of Exhibit B and the notice procedure implemented pursuant to this Agreement: (i) constitute the best practicable notice; (ii) constitute notice that is reasonably calculated, under the circumstances, to inform Class Members of their right to object to the proposed Settlement Agreement and to appear at the Final Approval Hearing; (iii) are reasonable and constitute due, adequate and sufficient notice to all persons entitled to receive notice; and (iv) meet all applicable requirements of the Federal Rules of Civil Procedure Procedure. D. Dismiss the Action on the merits and directing its consummation according with prejudice with respect to its termsKnight, and awarding attorneys’ fees and litigation costs to Class Counsel pursuant either to an agreement by the Parties or after consideration of the Parties’ briefs and arguments relating to a motion by Plaintiffs for fees and costs; b. Dismisses, with prejudice, all Released Claims E. Incorporate the Release set forth in Section III; F. Without affecting the finality of the Settlement Class against Defendant in the Litigation, without costs Final Approval Order and fees except as explicitly provided for in this Agreement; and, c. Reserves continuing and exclusive jurisdiction over the settlement and this Agreement, including but not limited to the Litigation, the Settlement Class, the Settlement Class Members, Defendant and the settlement Judgment for the purposes of administeringappeal, consummatingretain jurisdiction as to all matters relating to administration, supervisingconsummation, construing enforcement, and enforcing the interpretation of this Settlement Agreement and the Settlement Fund.Final Approval Order, and for any other necessary purpose; and 76. Class Counsel shall use their best efforts to assist Defendant in obtaining dismissal with prejudice of G. Incorporate any other provisions as the Litigation and take all steps Court deems necessary and appropriate to otherwise effectuate all aspects of this Agreementjust.