Common use of Final Approval Clause in Contracts

Final Approval. After Notice is given, Class Counsel shall move the Court for Final Approval, which shall include, among other provisions, a request that the Court: (a) find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties; (c) find that the Notice implemented pursuant to the Settlement Agreement: (i) constitutes the best practicable notice under the circumstances, (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the 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, the Due Process Clause of the United States Constitution, and the rules of the Court; (d) find that the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Agreement; (e) dismiss this case on the merits and with prejudice, without fees or costs to any party except as provided in this Settlement Agreement; (f) incorporate the Release set forth above, make the Release effective as of the date of the Final Approval Order, and forever discharge the Released Parties as set forth herein; (g) authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and

Final Approval. After Notice to the Settlement Class is givendisseminated, Class Counsel shall move the Court for entry of a Final ApprovalApproval Order, which shall include, among other provisions, a request that the Court: (a) a. find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibitsexhibits; (b) b. approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; ; c. direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and ; x. declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, released all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members and Releasing Parties; (c) e. find that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) is reasonable and constitutes due, adequate adequate, and sufficient notice to all persons entitled to receive notice, and (iv4) meets all applicable fulfills the requirements of the Federal Rules of Civil Procedure735 ILCS 5/2-801 et seq., the Due Process Clause of the United States ConstitutionProcess, and the rules of the Court; (d) f. find that the Class Representatives Representative and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) g. dismiss this case the Action on the merits and with prejudice, without fees or costs to any party Party except as provided in this Settlement Agreement; (f) h. incorporate the Release set forth above, make the Release effective as of the date of the Final Approval OrderEffective Date, and forever discharge the Released Parties as set forth herein; (g) i. authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Settlement Agreement) that that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) j. without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and k. incorporate any other provisions, consistent with the material terms of this Settlement Agreement, as the Court deems necessary and just.

Final Approval. After Notice is given1. The Final Approval Hearing shall be noticed for no earlier than 95 days from the date of the motion for preliminary approval to allow the Settling Defendants sufficient time to complete their obligations under the Class Action Fairness Act. 2. Prior to the Final Approval Hearing, on the date set by the Court, the Named Plaintiffs, through Co-Lead Class Counsel Counsel, shall move submit a motion for final approval by the Court for of the Settlement between the Settling Parties and Class Members (who are not properly excluded as provided herein) and the entry of an Order granting Final Approval, which shall include, among other provisions, a request that Approval of the CourtSettlement that: (a) find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) approve a. finds the Settlement Agreement and the proposed settlement as its terms to be fair, reasonable and adequate as to, within the meaning of Rule 23(e) of the Federal Rules of Civil Procedure and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; direct the Parties and their counsel to implement and consummate the Settlement Agreement according directing its consummation pursuant to its terms and conditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Partiesterms; (c) find b. finds that the Notice implemented pursuant to the Settlement Agreement: (i) constitutes the best practicable notice under the circumstances, (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii) is reasonable and given constitutes due, adequate and sufficient notice to all persons entitled to receive notice, and (iv) meets all applicable the requirements of due process and any applicable laws; c. provides for service payments from the Federal Rules of Civil Procedure, Settlement Fund (as defined in Section VI herein) to the Due Process Clause of Named Plaintiffs in addition to whatever monies each will receive from the United States Constitution, and the rules of Settlement Fund pursuant to the Court-approved Plan of Allocation; d. provides for payment of Attorneys’ Fees and Expenses from the Settlement Fund (d) find that the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Agreement; (e) dismiss this case on the merits and with prejudice, without fees or costs to any party except as provided in Section VII.A herein); e. provides for payment of Xxxxxx Counsel Fees from the Settlement Fund (as provided in Section VII.A herein); f. sets forth the method for allocating the Settlement Fund (set forth in the Plan of Allocation attached as Exhibit B); g. directs that the Action be dismissed with prejudice as against Adobe, Apple, Google, and Intel, without costs to the Settling Parties; h. approves the release of claims specified herein as binding and effective as to all Class Members (who are not otherwise properly excluded as provided herein) permanently barring and enjoining all Class Members (who are not otherwise properly excluded as provided herein) from asserting any Released Claims (as defined in Section V.A herein); i. reserves exclusive and continuing jurisdiction over the Settlement, including the Settlement Fund (as defined in Section III.A herein) and the administration, consummation and interpretation of this Settlement Agreement;; and (f) incorporate j. directs that an Order and Final Judgment of Dismissal be entered as between the Release set forth aboveSettling Parties in the Action. 3. Xxxxxxx Xxxxxx, make through Xxxxxx Counsel, shall join in and otherwise support the Release effective as motion for Final Approval. 4. Co-Lead Class Counsel shall provide the Settling Defendants and Xxxxxx Counsel with the draft motion for final approval and supporting documents at least 5 days, waivable by Settling Defendants and Xxxxxx Counsel, prior to the date such motion is filed. 5. If so required by the Court in connection with approval of the date Settlement, the Settling Parties agree to accept non-material or procedural changes to this Settlement Agreement. However, the Settling Parties are not obligated to accept any changes in the monetary amount of relief or any other substantive change to their respective obligations. 6. The Notice Administrator’s affidavit of compliance with Notice requirements must be filed 30 days prior to the Final Approval Order, and forever discharge the Released Parties as set forth herein; (g) authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; andHearing.

Final Approval. After Notice is given, Class Counsel shall move 78. Plaintiffs’ motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled date on which the Final Approval, which Approval Hearing will occur. 79. Plaintiffs shall include, among other provisions, a request that the Court: (a) find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; direct the Parties and file their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties; (c) find that the Notice implemented pursuant to the Settlement Agreement: (i) constitutes the best practicable notice under the circumstances, (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois Settlement Class Members and Ohio Settlement Class Members of the pendency Motion for Final Approval of the Settlement and their rights to object to no later than seven (7) days before the Final Approval Hearing or exclude themselves from this Settlement Agreement and to appear at by such other deadline as the Court may order. 80. At the Final Approval Hearing, (iii) is reasonable the Court will hear argument on and constitutes duedetermine whether to enter a Final Approval Order granting Plaintiffs’ Motion for Final Approval of the Settlement and Class Counsel’s application for attorneys’ fees, adequate and sufficient notice to all persons entitled to receive noticecosts, and expenses and for Service Awards for Plaintiffs. In the Court’s discretion, the Court also may hear from any Settlement Class Members (ivor their counsel) meets who object to the Settlement or to the fee, cost, expense, or Service Award application, provided the objectors filed timely objections that meet all applicable requirements of the Federal Rules of Civil Procedurerequirements listed above. 81. The proposed Final Approval Order that will be attached to Plaintiffs’ Motion for Final Approval shall be in a form agreed upon by Class Counsel and TD Bank. Such proposed Final Approval Order shall, among other things: a. Determine that the Due Process Clause Settlement is fair, reasonable, and adequate, and grant Final Approval of the United States Constitution, and the rules of the CourtSettlement in accordance with Fed. R. Civ. P. 23(e)(2); (d) find that b. Finally certify the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for settlement purposes of entering into and implementing the Agreementonly; (e) dismiss this case on c. Determine that the merits and with prejudice, without fees or costs to any party except as provided in this Settlement AgreementNotice satisfied due process requirements; (f) incorporate d. Dismiss the Release Action with prejudice and without costs; e. Bar and enjoin Plaintiffs and all Participating Settlement Class Members from asserting any of the Released Claims, as set forth abovein Section XV hereof, make the Release effective as of the date of including during any appeal from the Final Approval Order, ; f. Release TD Bank and forever discharge the Released Parties from the Released Claims, as set forth herein;in Section XV hereof; and (g) authorize g. Reserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including TD Bank, Plaintiffs, all Participating Settlement Class Members, and any objectors, to administer, supervise, construe, and enforce this Agreement in accordance with its terms. 82. In the event that the Court does not enter the Final Approval Order in a form substantially the same as submitted, as determined by the Parties, without further approval from the Court, Parties have the right to agree to and adopt such amendments, modifications and expansions of the Settlement terminate this Agreement and its implementing documents (including all exhibits the Settlement, per Section XVII below. While materiality remains subject to this Agreement) that (i) the Parties’ determination in their reasonable discretion, material changes shall be consistent in all material respects with not include any changes to the legal reasoning or format used by the Court to justify the substantive relief sought by the Final Approval Order. In the event that the Effective Date does not occur, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) without affecting the finality of the Final Approval Order for purposes of appealis vacated or reversed, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of or the Settlement Agreement does not become final and binding, the Final Approval Order, and for Parties agree to request that the Court vacate any other necessary purpose; anddismissal with prejudice.

Final Approval. After Notice If this Settlement Agreement is givenpreliminarily approved by the Court, the Class and Class Counsel shall seek entry of an Order and Final Judgment. A reasonable time before filing such motion, Class Counsel shall move provide the Court Settling Defendant’s Counsel with a draft of such motion for Final Approval, which shall include, among other provisions, a request review. To the extent that the Court:Mar-Jac objects to any aspect (a) find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve a. finally approves this Settlement Agreement, including all attached Exhibits; (b) approve the Settlement Agreement and the proposed its terms as being a fair, reasonable, and adequate settlement as fair, reasonable and adequate as to, and in to the best interests of, the Illinois Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and the Ohio Settlement Class Members; direct the Parties and their counsel to implement and consummate the Settlement Agreement directing its consummation according to its terms and conditions; , without material modification of those terms and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Partiesconditions; (c) find b. determines that the Class Notice implemented pursuant to the Settlement Agreement: (i) constitutes the best practicable notice under the circumstances, (ii) constitutes notice that is reasonably calculatedconstituted, under the circumstances, to apprise Illinois Settlement Class Members the most effective and Ohio Settlement Class Members practicable notice of the pendency of the Settlement and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Fairness Hearing, (iii) is reasonable and constitutes due, adequate constituted due and sufficient notice for all other purposes to all persons Persons entitled to receive notice; c. orders that all Claims made against the Settling Defendant in the Action be dismissed with prejudice and without further costs or fees; d. requires Class Counsel to file with the Clerk of Court a record of potential Class Members that timely excluded themselves from the Class, and (iv) meets all applicable requirements to provide a copy of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Courtrecord to Settling Defendant’s Counsel; (d) find that the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Agreement; (e) dismiss this case on the merits and with prejudice, without fees or costs to any party except as provided in this Settlement Agreement; (f) incorporate e. incorporates the Release set forth above, make in this Agreement and makes the Release effective as of the date Effective Date as to the EUCPs and all Class Members that did not file a timely notice for exclusion; f. enjoins Plaintiffs from suing, directly or indirectly, any of the Final Approval Order, and forever discharge the Released Parties as set forth hereinfor any of the Released Claims; (gg. confirms that Settling Defendant has provided the appropriate notice pursuant to CAFA; h. determines under Federal Rule of Civil Procedure 54(b) authorize that there is no just reason for delay and directs that the Partiesjudgment of dismissal as to the Settling Defendant shall be final and entered forthwith, without further approval from and stating: i. Final judgment as to the Court, to agree to and adopt such amendments, modifications and expansions EUCP action is entered in favor of the Settling Defendant; and ii. Final judgment is granted in favor of the Released Parties on any Released Claim of a Class Member that did not file a timely notice for exclusion. i. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement Agreement, including the administration and its implementing documents (including all exhibits to consummation of this Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) without affecting the finality of x. orders that Settlement Funds may be disbursed as provided in the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation or other order of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; andCourt.

Final Approval. After Notice to the Settlement Class is given, Class Counsel shall move the State Court for entry of a Final ApprovalApproval Order, which shall include, among other provisions, a request that the State Court: (a) a. find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) b. approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; make a finding that the Agreement was entered into in good faith, and direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties; (c) c. find that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement State Court Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice, and (iv4) meets all applicable fulfills the requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court735 ILCS 5/2-801 et seq.; (d) d. find that the Class Representatives Representative and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) e. dismiss this case the State Court Action on the merits and with prejudice, without fees or costs to any party Party except as provided in this Settlement Agreement; (f) f. incorporate the Release Releases set forth above, make the Release Releases effective as of the date of the Final Approval OrderEffective Date, and forever discharge the Released Parties as set forth herein; g. permanently bar and enjoin all Settlement Class Members who have not been properly excluded from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (gas class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims; h. authorize the Parties, without further approval from the State Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits Exhibits to this Settlement Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) i. without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and j. incorporate any other provisions, consistent with the material terms of this Settlement Agreement, as the State Court deems necessary and just.

Final Approval. After Notice to the Settlement Class is givendisseminated, Class Counsel shall move the Court for entry of a Final ApprovalApproval Order, which shall include, among other provisions, a request that the Court: (a) a. find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) b. approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; ; c. direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and ; d. declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, released all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members and Releasing Parties; (c) e. find that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice, and (iv4) meets all applicable fulfills the requirements of the Federal Rules of Civil Procedure735 ILCS 5/2-801 et seq., the Due Process Clause of the United States ConstitutionProcess, and the rules of the Court; (d) f. find that the Class Representatives Representative and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) g. dismiss this case the Action on the merits and with prejudice, without fees or costs to any party Party except as provided in this Settlement Agreement; (f) h. incorporate the Release set forth above, make the Release effective as of the date of the Final Approval OrderEffective Date, and forever discharge the Released Parties as set forth herein; (g) i. authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits Exhibits to this Settlement Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members;; and (h) j. without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and k. incorporate any other provisions, consistent with the material terms of this Settlement Agreement, that are requested by the Court and agreed upon by both Parties.

Final Approval. After Notice If this Settlement Agreement is givenpreliminarily approved by the Court, the Class Counsel shall move the Court for seek entry of an Order and Final ApprovalJudgment, which Tyson shall includenot oppose and in which it shall reasonably cooperate, among other provisions, a request that the Courtinter alia: (a) find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve a. finally approves this Settlement Agreement, including all attached Exhibits; (b) approve the Settlement Agreement and the proposed its terms as being a fair, reasonable, and adequate settlement as fair, reasonable and adequate as to, and in to the best interests of, the Illinois Settlement Class Members within the meaning of Rule 23 of the Federal Rules of Civil Procedure and the Ohio Settlement Class Members; direct the Parties and their counsel to implement and consummate the Settlement Agreement directing its consummation according to its terms and conditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties; (c) find b. determines that the Class Notice implemented pursuant to the Settlement Agreement: (i) constitutes the best practicable notice under the circumstances, (ii) constitutes notice that is reasonably calculatedconstituted, under the circumstances, to apprise Illinois Settlement Class Members the most effective and Ohio Settlement Class Members practicable notice of the pendency of the Settlement and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Fairness Hearing, (iii) is reasonable and constitutes due, adequate constituted due and sufficient notice for all other purposes to all persons Persons entitled to receive notice, and (iv) meets all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court; (d) find c. confirms that Tyson has provided the appropriate notice pursuant to the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the AgreementAction Fairness Act, 28 U.S.C. § 1711 et seq. (“CAFA”); (e) dismiss this case on d. orders that all claims made against Tyson in the merits Action, including in all class action complaints asserted by the EUCPs, are dismissed with prejudice and with prejudice, without fees further costs or costs to any party except as provided in fees; e. discharges and releases the Released Parties from all Released Claims up through and including the date of Preliminary Approval of this Settlement Agreement; (f) incorporate f. enjoins EUCPs from suing, directly or indirectly, any of the Release Released Parties for any of the Released Claims; g. requires Class Counsel to file with the clerk of the Court a record of potential Class Members that timely excluded themselves from the Class, and to provide a copy of the record to Xxxxx’x Counsel; h. incorporates the releases set forth above, make in this Agreement and makes the Release releases effective as of the date Effective Date as to the EUCPs and all Class Members that were not timely and validly excluded from the Class; i. determines under Federal Rule of Civil Procedure 54(b) that there is no just reason for delay and directs that the Final Approval Orderjudgment of dismissal as to Tyson shall be final and entered forthwith, and forever discharge stating: i. Final judgment as to the EUCP action is entered in favor of Tyson; and ii. Final judgment is granted in favor of the Released Parties as set forth hereinon any Released Claim of a Class Member that did not file a timely notice for exclusion. j. reserves to the Court exclusive jurisdiction over the settlement and this Settlement Agreement, including the administration and consummation of this Agreement; (g) authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the x. orders that Settlement Agreement and its implementing documents (including all exhibits to this Agreement) that (i) shall Funds may be consistent disbursed as provided in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation or other order of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; andCourt.

Final Approval. After Notice to the Settlement Class is givendisseminated, Class Counsel shall move the Court for entry of a Final ApprovalApproval Order, which shall include, among other provisions, a request that the Court: (a) a. find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) b. approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; ; c. direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and ; x. declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, released all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members and Releasing Parties; (c) e. find that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice, and (iv4) meets all applicable fulfills the requirements of the Federal Rules of Civil Procedure735 ILCS 5/2-801 et seq., the Due Process Clause of the United States ConstitutionProcess, and the rules of the Court; (d) f. find that the Class Representatives Representative and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) g. dismiss this case the Action on the merits and with prejudice, without fees or costs to any party Party except as provided in this Settlement Agreement; (f) h. incorporate the Release set forth above, make the Release effective as of the date of the Final Approval OrderEffective Date, and forever discharge the Released Parties as set forth herein; (g) i. authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits Exhibits to this Settlement Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) j. without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and k. incorporate any other provisions, consistent with the material terms of this Settlement Agreement, as the Court deems necessary and just.

Final Approval. After Notice to the Settlement Class is givendisseminated, Class Counsel shall move the Court for entry of a Final ApprovalApproval Order, which shall include, among other provisions, a request that the Court: (a) a. find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members Members, and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibitsexhibits; (b) b. approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; ; c. direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and ; d. declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members, and Releasing Parties; (c) e. find that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) is reasonable and constitutes due, adequate and sufficient notice to all persons entitled to receive notice, and (iv4) meets all applicable fulfills the requirements of the Federal Rules of Illinois Civil ProcedureCode, Illinois Supreme Court Rules, the Due Process Clause of the United States Constitution and the Illinois Constitution, and the rules of the CourtCourt , and complies with applicable privacy laws; (d) find f. finally certify or confirm certification of the Settlement Class under 735 ILCS 5/2-806, including finding that the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) g. dismiss this case the Action on the merits and with prejudice, without fees or costs to any party Party except as provided in this Settlement Agreement; (f) h. incorporate the Release set forth above, make the Release effective as of the date of the Final Approval OrderEffective Date, and forever discharge the Released Parties as set forth herein; (g) i. authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits Exhibits to this Settlement Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members;; and (h) j. without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and.

Final Approval. After Notice to the Settlement Class is givengiven and the Objection/Opt-Out Deadline has passed, and provided Defendant does not exercise a termination election under Section 7, Class Counsel shall move the Court for entry of a Final Approval, Judgment. Class counsel’s motion shall: a. certify to the Court as to compliance with the Class Notice requirements; b. inform the Court as to members of the Settlement Class who have effectively elected to Opt-Out; c. inform the Court of the Settlement Awards determined under the Settlement formula; d. inform the Court as to the Class Representative’s Service Award and Class Counsel’s Fee Award; e. inform the Court as to the amount which Defendant shall include, among other provisions, a retain from the Maximum Gross Settlement Amount due to the election by members of the Settlement Class to Opt-Out opted-out; f. request that the CourtCourt enter a Final Approval Order and Final Judgment which: (a) find i. finds that it the Court has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibits; (b) approve ii. certifies the Settlement Agreement Class as a valid class for purposes of settlement; iii. lists and determines the proposed settlement members of the Settlement Class who have effectively opted-out; iv. approves the Settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; direct ; v. directs the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and declare ; vi. declares the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, released all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and all other Settlement Class Members and Releasing PartiesParties as provided herein; (c) find vii. finds that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, , (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) 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, the Due Process Clause of the United States Constitution, and the rules of the Court; (d) find that the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Agreement; (e) dismiss this case on the merits and with prejudice, without fees or costs to any party except as provided in this Settlement Agreement; (f) incorporate the Release set forth above, make the Release effective as of the date of the Final Approval Order, and forever discharge the Released Parties as set forth herein; (g) authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Agreement) that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and

Final Approval. After Notice to the Settlement Class is givendisseminated, Class Counsel shall move the Court for entry of a Final ApprovalApproval Order, which shall include, among other provisions, a request that the Court: (a) a. find that it has personal jurisdiction over all Illinois Settlement Class Members and Ohio Settlement Class Members and subject matter jurisdiction to approve this Settlement Agreement, including all attached Exhibitsexhibits; (b) b. approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Illinois Settlement Class Members and the Ohio Settlement Class Members; ; c. direct the Parties and their counsel to implement and consummate the Settlement Agreement according to its terms and conditions; and declare the Settlement Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and Releasing Parties; (c) d. find that the Notice implemented pursuant to the Settlement Agreement: (i1) constitutes the best practicable notice under the circumstances, (ii2) constitutes notice that is reasonably calculated, under the circumstances, to apprise Illinois the Settlement Class Members and Ohio Settlement Class Members of the pendency of the Settlement Action and their rights to object to or exclude themselves from this Settlement Agreement and to appear at the Final Approval Hearing, (iii3) is reasonable and constitutes due, adequate adequate, and sufficient notice to all persons entitled to receive notice, and (iv4) meets all applicable fulfills the requirements of the Federal Rules of Civil Procedure735 ILCS 5/2-801 et seq., the Due Process Clause of the United States ConstitutionProcess, and the rules of the Court; (d) e. find that the Class Representatives and Class Counsel adequately represented the Illinois Settlement Class and the Ohio Settlement Class for purposes of entering into and implementing the Settlement Agreement; (e) f. dismiss this case the Action on the merits and with prejudice, without fees or costs to any party Party except as provided in this Settlement Agreement; (f) g. incorporate the Release release set forth above, make the Release release effective as of the date of the Final Approval OrderEffective Date, and forever discharge the Released Parties as set forth herein; (g) h. authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Settlement Agreement) that that (i) shall be consistent in all material respects with the Final Approval Order, and (ii) do not limit the rights of Illinois Settlement Class Members or Ohio Settlement Class Members; (h) i. without affecting the finality of the Final Approval Order for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and j. incorporate any other provisions, consistent with the material terms of this Settlement Agreement, as the Court deems necessary and just.