Final Judgment and Order Sample Clauses

Final Judgment and Order. The final approval hearing shall take place 15 days after the last date for class members to opt out or object, or as soon thereafter as the Court can set a date for such hearing. The Parties shall jointly request at the final approval hearing that the Court enter final judgment (the “Final Judgment and Order”). A copy of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit E. That order shall provide, inter alia, that: a. the Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class. b. the Notice Program and Class Notice fully comply with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, constitutes the best notice practicable under the circumstances, and are due and sufficient notice to all persons entitled to notice of the settlement of the Lawsuits. c. the Lawsuits and any other consolidated and transferred actions before the Court be dismissed with prejudice, without fees or costs except as provided in this Settlement Agreement.
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Final Judgment and Order. The motion of Plaintiffs Xxxxxx Xxxxxx, Xxxxxxx Xxxx, Xxxxxxxx Xxxx, Xxxxx Xxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxx, Xxxxx Xxxx, Shera Paglinawan, Xxxxx Xxxx and Xxx Xxxxx Xxxxxx (“Plaintiffs”), for final approval of their class action settlement with all defendants, including defendants Random House, Inc. and Xxxxx Xxxx (“Defendants”), came on for hearing on 200_ at a.m. in Room 17B of the federal court house building located at 000 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx. On , 200_, this Court entered an order granting preliminary approval (the “Preliminary Approval Order”) of the settlement reached among Plaintiffs, on their own behalf and on behalf of the Settlement Class (as defined below), counsel for Plaintiffs, and Defendants, as memorialized in the Settlement Agreement. On , 200_ the Court held a fairness hearing (the “Fairness Hearing”), for which members of the Settlement Class had been given appropriate notice. An opportunity to be heard was given to all persons requesting to be heard in accordance with the Preliminary Approval Order. Having considered the Parties’ moving papers, the Settlement Agreement, and all other evidence submitted concerning Plaintiff’s motion,
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Final Judgment and Order. At the Final Approval Hearing, the Parties will ask the Court to enter final judgment (the “Final Judgment and Order”). A copy of the proposed Final Judgment and Order is attached as Exhibit E.
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Final Judgment and Order. Every Request for Exclusion must contain his or her (a) full 21 name, (b) current address, (c) a clear statement communicating that he or she elects to be 22 excluded from the Class, (d) his or her signature, and (e) the case name and case number
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Final Judgment and Order. At the Final Approval Hearing, Plaintiff shall request that the Court enter final judgment in the Lawsuit (the “Final Judgment and Order”). A copy of the proposed Final Judgment and Order is attached hereto as Exhibit 7. That Final Judgment and Order generally provides that: (a) The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class; (b) The Court approves awards for the Class Counsel Payment, the Expenses, and the class representative incentive award, and that the Settlement Administrator shall pay those amounts in accordance with the Settlement Agreement; (c) The Settlement Notice and the Publication Notice attached hereto as Exhibits 1 and 2 fully comply with the requirements of due process and the New Mexico statute governing class notice (NMRA 1-023(c)(2)), constitute the best notice practicable under the circumstances, and constitute due and sufficient notice to all persons entitled to notice of the settlement of the (d) The Lawsuit is dismissed with prejudice in accordance with the Settlement Agreement, without fees, expenses, or costs except as expressly provided in this Settlement Agreement; (e) Plaintiff and all Settlement Class (other than those who opt out of the Settlement as provided in this Settlement Agreement) are permanently enjoined from commencing or prosecuting any action asserting any of the Released Claims, either directly, representatively, derivatively, or in any other capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal court, or in any agency or other forum wherever located. Any person or entity who knowingly violates this injunction shall pay the costs and attorneys’ fees incurred by Xxxxxxx as a result of the violation; (f) The Settlement Administrator shall administer the Settlement in accordance with the terms of the Settlement Agreement; and (g) Notwithstanding the dismissal of the Lawsuit, the Court shall retain continuing jurisdiction over this action, the Parties, and all Class Members to determine all matters relating to the Final Judgment and Order, the Preliminary Approval Order, and/or the Settlement Agreement, including but not limited to their administration, implementation, interpretation or enforcement.
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Final Judgment and Order. This matter having come before the Court on Plaintiff’s motion for final approval of a proposed class action Settlement Agreement and General Release, dated October __, 2010 (“Settlement Agreement”), between plaintiff, Xxxxxxxx X. Xxxxx, D.C. (“Plaintiff”), on the one hand, and defendant, CorVel Corporation (“CorVel”), on the other hand, and the Court, having held a xxxxxxx hearing on the fairness, adequacy, and reasonableness of the settlement and considered all of the written submissions and oral arguments made in connection with final settlement approval, the Court hereby finds and orders as follows: 1. Unless defined herein, all defined terms in this Final Judgment and Order shall have the same meanings that the same terms have in the Settlement Agreement. 2. Notice to the Settlement Class has been provided in accordance with the Court’s Preliminary Approval Order. The notice, in form, method, and content, fully complies with the requirements of 735 ILCS 5/2-803 and due process, constituted the best notice practicable under the circumstances, and constituted due and sufficient notice to all persons entitled to notice of the settlement. 3. The settlement consideration provided under the Settlement Agreement constitutes fair value given in exchange for the releases. The Court finds that the consideration to be paid to members of the Settlement Class is reasonable, considering the facts and circumstances of the claims and affirmative defenses asserted in the Litigation, and the potential risks and likelihood of success of alternatively pursing a trial on the merits. 4. The Settlement Agreement was arrived at through good-faith bargaining at arm’s-length, without collusion, conducted by counsel with substantial experience in prosecuting and resolving class actions. 5. Accordingly, the Court finds that the Settlement Agreement is fair, adequate, and reasonable, and in the best interests of the Settlement Class in light of the complexity, expense, and duration of litigation and the risks involved in establishing liability and damages and in maintaining the class action through trial and appeal. 6. The persons listed on Exhibit A hereto are found to have validly excluded themselves from the Settlement Class and the settlement in accordance with the provisions of the Preliminary Approval Order. 7. All Settlement Class members who failed to submit an objection to the Settlement in accordance with the deadline and procedure set forth in the Preliminary Approval ...
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Final Judgment and Order. At the Final Approval Hearing, the Parties will ask the Court and Order is attached as Exhibit F.
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Final Judgment and Order. If this Settlement Agreement is preliminarily approved by the Court, the Parties shall each request at the Fairness Hearing that the Court enter final judgment (the “Final Judgment and Order”). The Fairness Hearing shall be held no earlier than fourteen (14) days after the deadline for Settlement Class members to submit a claim, and no earlier than 140 days after the Motion for Preliminary Approval is filed. A copy of the form of the proposed Final Judgment and Order agreed to by the Parties is attached hereto as Exhibit H. The Final Judgment and Order shall provide, inter alia, that: a. The Notice fully complied with the requirements of Fed. R. Civ. P. 23 and due process, constituted the best notice practicable under the circumstances, and was due and sufficient notice to all persons entitled to notice of this Settlement; b. The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class; c. The Released Claims are dismissed with prejudice as to all Released Parties, without fees or costs except as provided in this Settlement Agreement; and d. Plaintiff and all Settlement Class members are permanently enjoined and barred from commencing or prosecuting any action asserting any of the Released Claims,
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Related to Final Judgment and Order

  • Final Judgment The Arbitration Award shall be final and binding upon the parties thereto and shall be the sole and exclusive remedy between such parties relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrators. Judgment upon the Arbitration Award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no application or appeal to any court of competent jurisdiction may be made in connection with any question of law arising in the course of arbitration or with respect to any award made except for actions relating to enforcement of this agreement to arbitrate or any arbitral award issued hereunder and except for actions seeking interim or other provisional relief in aid of arbitration proceedings in any court of competent jurisdiction.

  • Final Judgments or Orders Any final judgments or orders for the payment of money in excess of $5,000,000 in the aggregate shall be entered against any Loan Party by a court having jurisdiction in the premises, which judgment is not discharged, vacated, bonded or stayed pending appeal within a period of thirty (30) days from the date of entry;

  • No Material Judgment or Order There shall not be on the Closing Date any judgment or order of a court of competent jurisdiction or any ruling of any Governmental Authority or any condition imposed under any Requirement of Law which, in the judgment of the Purchasers, would prohibit the purchase of the Securities hereunder or subject the Purchasers to any penalty or other onerous condition under or pursuant to any Requirement of Law if the Securities were to be purchased hereunder.

  • Judgment and Proceedings (1) The entry of any judgment or decree against Servicer or any of its respective Subsidiaries if the aggregate amount of all judgments and decrees then outstanding against Servicer and its Subsidiaries exceeds $1,000,000, (2) the institution of any litigation, arbitration proceeding or governmental proceeding against Servicer that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect and (3) the entry of any judgment or decree or the institution of any litigation, arbitration proceeding or governmental proceeding against Seller.

  • No Action or Proceeding No legal or regulatory action or proceeding shall be pending or threatened by any person to enjoin, restrict or prohibit the purchase and sale of the Purchased Shares contemplated hereby;

  • Judgment and Attachments Any money judgment, writ or warrant of attachment, or similar process (other than those described in Section 9.1(G)) involving (1) an amount in any individual case in excess of $100,000 or (2) an amount in the aggregate at any time in excess of $250,000 (in either case not adequately covered by insurance as to which the insurance company has acknowledged coverage) is entered or filed against Borrower, Borrower Representative or Guarantor and remains undischarged, unvacated, unbonded, uninsured or unstayed for a period of thirty (30) days or in any event later than five (5) days prior to the date of any proposed sale thereunder;

  • Litigation and Judgments Except as specifically disclosed in Schedule 6.5 as of the date hereof, there is no action, suit, investigation, or proceeding before or by any Governmental Authority or arbitrator pending, or to the knowledge of Borrower, threatened against or affecting Borrower, any of its Subsidiaries, or any other Obligated Party that could, if adversely determined, result in a Material Adverse Event. There are no outstanding judgments against Borrower, any of its Subsidiaries, or any other Obligated Party.

  • Notice of Litigation and Judgments The Borrower will, and ---------------------------------- will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks in writing within fifteen (15) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a materially adverse effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will, and will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks, in writing, in form and detail satisfactory to the Agent, within ten (10) days of any judgment not covered by insurance, final or otherwise, against the Borrower or any of its Subsidiaries in an amount in excess of $1,000,000.

  • Confession of Judgment THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) COUNSEL FOR BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY OF REHEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY BORROWER THAT LENDER HAS RELIED ON THIS WARRANT OF ATTORNEY AS AN INDUCEMENT TWO GRANT FINANCIAL ACCOMMODATIONS TO BORROWER. UPON AND FOLLOWING THE OCCURRENCE OF AN UNCURED EVENT OF DEFAULT, BORROWER HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD OR THE PROTHONOTARY OR CLERK OF ANY COUNTY IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY JURISDICTION WHERE PERMITTED BY LAW OR THE CLERK OF ANY UNITED STATES DISTRICT COURT, TO APPEAR FOR BORROWER IN ANY AND ALL ACTIONS WHICH MAY BE BROUGHT HEREUNDER AND ENTER AND CONFESS JUDGMENT AGAINST BORROWER OR ANY OF THEM IN FAVOR OF LENDER FOR SUCH SUMS AS ARE DUE OR MAY BECOME DUE HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT, TOGETHER WITH COSTS OF SUIT AND ACTUAL COLLECTION COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES EQUAL TO FIVE PERCENT (5%) OF THE LIABILITIES THEN DUE AND OWING BUT IN NO EVENT LESS THAN $5,000, WITH OR WITHOUT DECLARATION, WITHOUT PRIOR NOTICE, WITHOUT STAY OF EXECUTION AND WITH RELEASE OF ALL PROCEDURAL ERRORS AND THE RIGHT TO ISSUE EXECUTIONS FORTHWITH. IF A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT OF ANY OFFICER OF LENDER SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL THEREOF AS A WARRANT OF ATTORNEY, ANY PRACTICE OR USAGE TO THE CONTRARY NOTWITHSTANDING. THE AUTHORITY HEREIN GRANTED TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED BY ANY SINGLE EXERCISE THEREOF, BUT SHALL CONTINUE AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL FIND IT NECESSARY AND DESIRABLE AND AT ALL TIMES UNTIL FULL PAYMENT OF ALL AMOUNTS DUE HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. LENDER MAY CONFESS ONE OR MORE JUDGMENTS IN THE SAME OR DIFFERENT JURISDICTIONS FOR ALL OR ANY PART OF BORROWER’S OBLIGATIONS ARISING HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT TO WHICH BORROWER IS A PARTY, WITHOUT REGARD TO WHETHER JUDGMENT HAS THERETOFORE BEEN CONFESSED ON MORE THAN ONE OCCASION FOR THE SAME OBLIGATIONS. IN THE EVENT THAT ANY JUDGMENT CONFESSED AGAINST BORROWER IS STRICKEN OR OPENED UPON APPLICATION BY OR ON BEHALF OF BORROWER FOR ANY REASONS, LENDER IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND CONFESS JUDGMENT AGAINST BORROWER FOR ANY PART OR ALL OF THE LIABILITIES DUE AND OWING UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AS HEREIN PROVIDED.

  • No Actions, Suits or Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or any of its subsidiaries or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a Material Adverse Effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to result in a Material Adverse Effect.

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