Final Settlement Approval and Dismissal of Claims. Pursuant to, and in accordance with, Rule 23 of the Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation: the amount of the Settlement; the Releases provided for therein; and the dismissal with prejudice of the claims asserted against Defendants in the Action), and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Settlement Class. The Parties are directed to implement, perform and consummate the Settlement in accordance with the terms and provisions contained in the Stipulation.
Final Settlement Approval and Dismissal of Claims. Pursuant to, and in accordance with, Rule 23(e)(2) of the Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation, the amount of the Settlement, the Releases provided for therein, and the dismissal with prejudice of the claims asserted against Defendants in the Action), and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Settlement Class. Specifically, the Court finds that (a) Lead Plaintiffs and Lead Counsel have adequately represented the Settlement Class; (b) the Settlement was negotiated by the Parties at arm’s length; (c) the relief provided for the Settlement Class under the Settlement is adequate taking into account the costs, risks, and delay of trial and appeal, the proposed means of distributing the Settlement Fund to the Settlement Class; and the proposed attorneys’ fee award; and (d) the Settlement treats members of the Settlement Class equitably relative to each other. The Parties are directed to implement, perform, and consummate the Settlement in accordance with the terms and provisions contained in the Stipulation.
Final Settlement Approval and Dismissal of Claims. Pursuant to, and in accordance with, Rule 23 of the Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Settlement Agreement in all respects (including, without limitation: the amount of the Settlement Fund; the Releases provided for in the Settlement Agreement; and the dismissal with prejudice of the claims asserted against Defendants in the Action), and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Settlement Class. The Parties are directed to implement, perform and consummate the Settlement in accordance with the terms and provisions contained in the Settlement Agreement.
Final Settlement Approval and Dismissal of Claims. Pursuant to, and in accordance with, Rule 23 of the 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 amount of the Settlement; the releases provided for therein, including the release of the Plaintiff’s Claims as against the Defendants and the Defendants’ Claims as against the Plaintiff; and the dismissal with prejudice of the claims asserted in the Action against Defendants by Settlement Class Members) and finds that the Settlement is, in all respects, fair, reasonable and adequate, and is in the best interests of Plaintiff and the Settlement Class. The Parties are directed to implement, perform and consummate the Settlement in accordance with the terms and provisions of the Agreement.
Final Settlement Approval and Dismissal of Claims. Pursuant to, and in accordance with, Court of Chancery Rule 23.1, the Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation, the Settlement consideration; the Releases, including the release of the Plaintiff’s Released Claims as against the Released Defendants; and the dismissal with prejudice of the Action), and finds that the Settlement is, in all respects, fair, reasonable, and adequate to Plaintiff, Plains, and Plains Unitholders. The Parties are directed to implement, perform, and consummate the Settlement in accordance with the terms and provisions contained in the Stipulation.
Final Settlement Approval and Dismissal of Claims. Except as to any individual claim of those Persons (identified in Exhibit 1 attached hereto) who have validly and timely requested exclusion from the Settlement Class, the Litigation and all claims contained therein, including all of the Released Claims, are dismissed on the merits and with prejudice as to the Plaintiffs and all of the other Members of the Settlement Class, and as against each and all of the Released Parties. The parties are to bear their own costs, except as otherwise provided in the Stipulation.
Final Settlement Approval and Dismissal of Claims. In light of the benefits to the Settlement Class, the complexity, expense, and possible duration of further litigation against the Defendants, the risks of establishing liability and damages and the costs of continued litigation, the Court, pursuant to, and in accordance with, Rule 23 of the Federal Rules of Civil Procedure, hereby fully and finally approves the Settlement as set forth in the Stipulation in all respects, including, without limitation, the Settlement Amount, the releases provided for in the Settlement and in this Judgment, and the dismissal with prejudice of the claims asserted against Defendants and Defendants’ Releasees (defined below), and finds that the Settlement is in all respects fair, reasonable, and adequate and in the best interests of the Settlement Class. The Court further finds the Settlement as set forth in the Stipulation is the result of arm’s-length negotiations between experienced counsel representing the interests of Lead Plaintiff, the Settlement Class, and Defendants, with the assistance of an experienced mediator. The Parties are directed to implement, perform and consummate the Settlement in accordance with the terms and provisions in the Stipulation.
Final Settlement Approval and Dismissal of Claims. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby fully and finally approves the Settlement set forth in the Settlement Agreement in all respects (including, without limitation, the amount of the Settlement, the Releases provided for therein, and the dismissal with prejudice of the claims asserted against Defendants in the Action), and finds that the Settlement is fair, reasonable, and adequate, and is in compliance with all applicable requirements of the Federal Rules of Civil Procedure. In reaching this conclusion, the Court considered the factors set forth in City of Detroit x. Xxxxxxxx Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated on other grounds by Xxxxxxxxxx v. Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000) and Rule 23(e)(2) of the Federal Rules of Civil Procedure. Moreover, the Court concludes that:
a. the settlement as set forth in the Settlement Agreement was fairly and honestly negotiated by counsel with significant experience litigating antitrust class actions and is the result of vigorous arm’s-length negotiations undertaken in good faith;
b. the Action involves contested and serious questions of law and fact, such that the value of an immediate monetary recovery outweighs the mere possibility of future relief after protracted and expensive litigation;
c. success in antitrust cases such as this one is inherently uncertain, and there is no guarantee that continued litigation would yield a superior result; and
d. Settlement Class Counsel’s judgment that the settlement as set forth in the Settlement Agreement is fair and reasonable, and the Settlement Class Members’ reaction to the settlement is entitled to great weight.
Final Settlement Approval and Dismissal of Claims. Pursuant to, and in 8 accordance with, Rule 23 of the Federal Rules of Civil Procedure, this Court hereby fully and 9 finally approves the Settlement set forth in the Settlement Agreement in all respects (including, 10 without limitation: the consideration provided for in the Settlement; the Releases provided for 11 therein; and the dismissal with prejudice of the claims asserted against Defendant in the Action), 12 and finds that the Settlement is, in all respects, fair, reasonable and adequate to the Settlement 13 Class. The Court finds that, pursuant to Rule 23(e)(2), (A) Plaintiffs and Class Counsel have 14 adequately represented the Settlement Class; (B) the Settlement was negotiated at arm’s length;
Final Settlement Approval and Dismissal of Claims. Pursuant to, and in accordance with, Court of Chancery Rule 23.1, this Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation: the Settlement consideration; the Releases, including the release of the Released Pearl City Parties’ Claims as against the Released Xxxxxx Parties’ Persons; the release of the Released Xxxxxx Parties’ Claims as against the Released Pearl City Parties’ Persons; and the dismissal with prejudice of all claims asserted in the Action), and finds that the Settlement is, in all respects, fair, reasonable and adequate to Xxxxxx and its unitholders. The Parties are directed to implement, perform, and consummate the Settlement in accordance with the terms and provisions contained in the Stipulation.
