Final Settlement Approval. 3.1. No later than forty-five (45) calendar days before the Fairness Hearing, Class Counsel shall submit to the Court a motion for entry of the Final Order (Exhibit D) in the form approved by Class Counsel and Defense Counsel, which shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Order in accordance with this Settlement Agreement. The Final Order as proposed by the Settling Parties shall provide for the following, among other things, as is necessary to carry out the Settlement consistent with applicable law and governing Plan documents: Approval of the Settlement of the Released Claims covered by this Settlement Agreement adjudging the terms of the Settlement Agreement to be fair, reasonable, and adequate to the Plan and the Class Members and directing the Settling Parties to take the necessary steps to effectuate the terms of the Settlement Agreement;
A determination under Fed. R. Civ. P. 23(c)(2) that the Settlement Notice constitutes the best notice practicable under the circumstances and that due and sufficient notice of the Fairness Hearing and the rights of all Class Members has been provided; Dismissal with prejudice of the Class Action and all Released Claims asserted therein whether asserted by Class Representatives on their own behalf or on behalf of the Class Members, or on behalf of the Plan, without costs to any of the Settling Parties other than as provided for in this Settlement Agreement; That the Plan and each Class Member (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) shall be (a) conclusively deemed to have, and by operation of the Final Order shall have, fully, finally, and forever settled, released, relinquished, waived, and discharged the Released Parties from all Released Claims; and (b) barred and enjoined from suing the Released Parties in any action or proceeding alleging any of the Released Claims. That each Class Member shall release the Released Parties, Defense Counsel, and Class Counsel for any claims, liabilities, and attorneys’ fees and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses; That the provisions of Sections 3.1.4 and 3.1.5 shall apply even if any Class Member may thereafte...
Final Settlement Approval. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order that finally certifies the Settlement Class for the purposes of this Settlement, grants final approval of this Agreement and the Settlement, and provides the relief specified herein, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder. Court approval of the Attorneys’ Fees and Costs Award will not be a condition of the Settlement. If the Court denies, in whole or part, Class Counsel’s Application for an Attorneys’ Fees and Costs Award, the remainder of the terms of this Agreement shall remain in effect.
Final Settlement Approval. The Court hereby finally approves the Settlement Agreement, the 20 exhibits, and the Settlement contemplated thereby (“Settlement”), and finds that the terms constitute, in all 21 respects, a fair, reasonable, and adequate settlement as to all Settlement Class Members in accordance with 22 Rule 23 of the Federal Rules of Civil Procedure, and directs its consummation pursuant to its terms and 23 conditions.
Final Settlement Approval. This Settlement Agreement shall become final upon the occurrence of all of the following three events:
Final Settlement Approval. 4.1 No later than ten (10) business days before the Fairness Hearing, Class Counsel and Defense Counsel shall submit to the Court a mutually agreed upon motion for entry of
4.1.1 Approval of the Settlement of the Released Claims covered by this Settlement Agreement adjudging the terms of the Settlement Agreement to be fair, reasonable, and adequate to the Plans and the Class, and directing the Settling Parties to take the necessary steps to effectuate the terms of the Settlement Agreement;
4.1.2 A determination under Federal Rule of Civil Procedure 23(e) that the Settlement Notice constitutes reasonable and appropriate notice under the circumstances, and that due and sufficient notice of the Fairness Hearing and the rights of all Class Members has been provided;
Final Settlement Approval. 4.1. No later than ten (10) business days before the Fairness Hearing, Class Counsel and Defense Counsel shall submit to the Court a mutually agreed upon motion for entry of the Final Order (Exhibit 5), which shall be in substantially the form attached hereto as Exhibit 5 and shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Order in accordance with this Settlement Agreement.
4.2. The Final Order and judgment entered by the Court approving the Settlement Agreement shall provide that upon its entry all Settling Parties, the Settlement Class, and the Plan shall be bound by the Settlement Agreement and by the Final Order.
Final Settlement Approval. No later than twenty-eight (28) days before the Fairness Hearing, or at such other time required by the Court, Xxxxxx shall prepare and file an application seeking an Order from the Court finally approving of this Agreement as fair, reasonable, and adequate. Slendertone shall join in or indicate its non-opposition to the motion.
Final Settlement Approval. Pursuant to Fed. R. Civ. P. 23(e), the Court hereby 12 approves the Settlement and the terms therein as a fair, reasonable, and adequate settlement and 13 compromise of the claims asserted in the Class Action. The Court finds that the Settlement is 14 fair, reasonable, and adequate to the Plan and Class Members based on the following findings of 15 fact, conclusions of law, and determinations of mixed fact/law questions:
16 a. The Settlement resulted from arm’s-length negotiations by experienced and 17 competent counsel overseen by a neutral mediator;
18 b. The Settlement was negotiated only after Class Counsel had conducted a pre- 19 settlement investigation and received pertinent information and documents from 20 Defendants in discovery;
21 c. Class Counsel and Plaintiff were well-positioned to evaluate the value of the 22 Actions;
23 d. If the Settlement had not been achieved, Plaintiffs and the Class Members faced 24 significant expense, risk, and uncertainty in connection with the litigation, which 25 likely would have been prolonged; 26
1 e. The amount of the Settlement is fair, reasonable, and adequate in light of the 2 claims that were asserted, the risks of litigation, and settlements in other similar 3 cases, and the Plan of Allocation is also fair, reasonable, and appropriate;
4 f. The Class Representative and Class Counsel support the Settlement, and have 5 concluded that the Agreement is fair, reasonable, and adequate;
6 g. Class Members had the opportunity to be heard on all issues relating to the 7 Settlement and the requested Administrative Expenses, Attorneys’ Fees and 8 Costs, and Class Representative’s Compensation by submitting objections to the 9 Settlement Agreement to the Court. There were no objections to the Settlement.
10 h. The Settlement also was reviewed by an Independent Fiduciary, , 11 who has approved and authorized the Settlement.
Final Settlement Approval. Pursuant to, and in accordance with, Rule 23 of the 11 Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Agreement in all respects including, without limitation, the terms of the Settlement; 14 the releases provided for therein; and the dismissal with prejudice of the claims asserted in the 15 Action, and finds that the Settlement is, in all respects, fair, reasonable and adequate, and is in the 16 best interests of Plaintiffs and the Class. The Parties are directed to implement, perform and 17 consummate the Settlement in accordance with the terms and provisions of the Agreement.
Final Settlement Approval. The Court fully and finally approves the Settlement, and finds that the Settlement is, in all respects, fair, reasonable, and adequate, and in the best interests of all Persons interested in Stanford, including but not limited to any Person who has ever held a certificate of deposit, CD, depository account, or investment with Stanford (“Claimant”), the Receiver, the Antiguan Liquidators, Stanford, the Committee and its members, and any SIPC trustee or other trustee whose appointment encompasses any matter related to any Stanford Person (collectively, “Interested Parties”). The Court approves the documents submitted to the Court in connection with the implementation of the Settlement. The Court finds that the Parties and their counsel have at all times complied with the requirements of Rule 11 of the Federal Rules of Civil Procedure. The Parties are directed to implement and consummate the Settlement in accordance with the terms and provisions of the Agreement, unless and until Kroll terminates the Agreement and the Settlement pursuant to Section XIV of the Agreement.
