We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Motion for Approval Sample Clauses

Motion for Approval. (1) The Plaintiffs shall file motions before the Courts for orders certifying/authorizing the proceedings as class proceedings (for settlement purposes only) and approving this Settlement Agreement. (2) The orders referred to in paragraph 3.2(1) shall be in a form agreed upon by Class Counsel and counsel for the Defendants and approved by the Courts.
Sample 1Sample 2
Motion for Approval. 1. After the Ontario Court issues an order substantially in the form attached as Schedule B, or as otherwise amended on consent of the parties or as ordered by the Court, the Ontario Plaintiff shall file a motion in the Ontario Court for an order approving this Settlement Agreement. The order shall be substantially in the form attached at Schedule C, or as otherwise amended on consent of the parties or as ordered by the Court. 2. After the Ontario Court has issued an order approving this Settlement Agreement in the form attached at Schedule C (or as otherwise amended on consent of the parties or as ordered by the Court), the Quebec Plaintiff shall file a motion in the Quebec Court for an order recognising the Final Order of the Ontario Court approving this Settlement Agreement and discontinuing the Quebec Proceeding without costs.
Sample 1Sample 2
Motion for Approval. Within fourteen (14) days after the execution by all Parties of this Agreement, the Parties will jointly move the Court to, among other things, (a) enter an Order in accordance with this Agreement; (b) approve the settlement and Agreement as final, fair, reasonable, adequate, and binding on all Collective Members; and (c) dismiss the Litigation with prejudice.
Sample 1
Motion for Approval. The Parties request that the Board review and approve this Agreement, without change, in a timely manner.
Sample 1
Motion for Approval. (a) Class Counsel will bring applications to the Court for approval of Class Counsel Fees, disbursements and any applicable taxes. Such Class Counsel Fees are awarded at the discretion of the Court after hearing from Class Counsel. The Defendants will take no position on Class Counsel Fees, disbursements, or any honourarium for the Plaintiff. (b) Class Counsel will neither request of the Court, nor accept an award for fees in an amount that exceeds thirty percent (30%) of the Maximum Settlement Funding and the Defendants will not oppose such request. The approval of this Settlement shall not be contingent upon the approval of Class Counsel Fees.
Sample 1
Motion for Approval. The Settlement Agreement is contingent upon Court approval and entry of stipulated judgment incorporating the terms of this Settlement Agreement and dismissing the Lawsuit with prejudice. The Parties agree to jointly file a Motion for Entry of Stipulated Judgment Approving FLSA Settlement with the Court, to be accompanied by a proposed stipulated Judgment incorporating the Settlement Agreement terms and dismissing the Lawsuit with prejudice, within three court days of full execution of this Settlement Agreement and the Parties’ agreement on the contents of the Joint Motion.
Sample 1
Motion for Approval. As soon as practicable after the Settlement Agreement is executed, the Plaintiff shall bring motions before the Court for orders:
Sample 1
Motion for Approval. Within five (5) business days after the date hereof, Sabacol shall file a written motion (the "Motion for Approval") in a form reasonably acceptable to the Omimex Group requesting the Bankruptcy Court to approve this Agreement and to enter a written order (the "Bankruptcy Approval Order") that orders, among other things, that: a. The terms and conditions of this Agreement, all Exhibits, Schedules and ancillary agreements to this Agreement, including, without limitation, the Escrow Agreement, Sections 5.8 and 11.3 and the transactions contemplated hereby, are approved in accordance with the Bankruptcy Code, including 11 U.S.C. section 363(b) and (f); b. The Omimex Group is a good faith purchaser for value of the Sabacol Assets under 11 U.S.C. section 363(m); c. The Escrow Agent is authorized to make the transfers required under the Escrow Agreement and any stay imposed upon the Escrow Agent under 11 U.S.C. section 362(a) is terminated with respect to the obligations imposed under the Escrow Agreement; d. The Omimex Group's purchase of the Sabacol Assets be free and clear of all Encumbrances whatsoever (except for those expressly assumed herein) that pre-date the conveyance of the Sabacol Assets to ODC in accordance with 11 U.S.C. section 363(f); e. Any claim by the Omimex Group against Sabacol arising under the terms of this Agreement, including, without limitation, the Omimex Losses and any attorney and other fees recoverable with respect to such claims, be accorded priority status as a Chapter 11 administrative expense in the Bankruptcy Case, in accordance with 11 U.S.C. sections 503(b) and 507(a)(1); f. ODC assume and undertake only the Assumed Sabacol Liabilities and, if ODC makes an Assumption Election, the Assumed Tax Liability. No member of the Omimex Group shall be liable or obligated to any third party for the liabilities or obligations of Sabacol to such third party by virtue of having purchased the Sabacol Assets other than the Assumed Sabacol Liabilities and, if ODC makes on Assumption Election, the Assumed Tax Liability; g. Sabacol timely cure any and all defaults under the Sabacol Contracts as of the Closing Date; h. Sabacol assume and assign the Sabacol Contracts to the Omimex Group under 11 U.S.C. section 365; i. All stipulations of the parties herein are approved; and j. This Agreement and the transactions contemplated hereby shall remain in full force and effect and binding on the parties hereto upon dismissal of the Bankruptcy Case. Sabac...
Sample 1
Motion for Approval 
Sample 1

Related to Motion for Approval

  • Application for approval 3.1. The application for approval of a vehicle type with regard to the AEBS shall be submitted by the vehicle manufacturer or by his authorised representative. 3.2. It shall be accompanied by the documents mentioned below in triplicate: 3.2.1. A description of the vehicle type with regard to the items mentioned in paragraph 2.4., together with a documentation package which gives access to the basic design of the AEBS and the means by which it is linked to other vehicle systems or by which it directly controls output variables. The numbers and/or symbols identifying the vehicle type shall be specified. 3.3. A vehicle representative of the vehicle type to be approved shall be submitted to the Technical Service conducting the approval tests.

  • MOTION FOR PRELIMINARY APPROVAL The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • Prior Approval The Engineer shall not assign, subcontract or transfer any portion of professional services related to the work under this contract without prior written approval from the State.

  • Requests for Approval If the Administrative Agent requests in writing the consent or approval of a Lender, such Lender shall respond and either approve or disapprove definitively in writing to the Administrative Agent within ten Business Days (or sooner if such notice specifies a shorter period for responses based on Administrative Agent’s good faith determination that circumstances exist warranting its request for an earlier response) after such written request from the Administrative Agent. If the Lender does not so respond, that Lender shall be deemed to have approved the request.

  • MOTION FOR FINAL APPROVAL Not later than 16 court days before the calendared Final Approval Hearing, Plaintiff will file in Court, a motion for final approval of the Settlement that includes a request for approval of the PAGA settlement under Labor Code section 2699, subd. (l), a Proposed Final Approval Order and a proposed Judgment (collectively “Motion for Final Approval”). Plaintiff shall provide drafts of these documents to Defense Counsel not later than seven days prior to filing the Motion for Final Approval. Class Counsel and Defense Counsel will expeditiously meet and confer in person or by telephone, and in good faith, to resolve any disagreements concerning the Motion for Final Approval.

  • HSR Approval All applicable waiting periods (and any extensions thereof) under the HSR Act in respect of the Transactions shall have expired or been terminated.

  • Director Approval The Board of Directors of Holdings shall have approved this Agreement and the transactions contemplated herein.

  • Waiver of Notice; Approval of Meeting; Approval of Minutes The transactions of any meeting of Limited Partners, however called and noticed, and whenever held, shall be as valid as if it had occurred at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy. Attendance of a Limited Partner at a meeting shall constitute a waiver of notice of the meeting, except when the Limited Partner attends the meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened; and except that attendance at a meeting is not a waiver of any right to disapprove the consideration of matters required to be included in the notice of the meeting, but not so included, if the disapproval is expressly made at the meeting.

  • IRS Plan Approval Articles I through VIII of the agreement used to establish this Xxxx XXX have been approved by the IRS. The IRS approval is a determination only as to form. It is not an endorsement of the plan in operation or of the investments offered.

  • Antitrust Approval (a) Each Party agrees to use commercially reasonable efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary to consummate and make effective the transactions contemplated by this Agreement, the other Transaction Agreements and the Rights Offering Sub-Plan, including (i) if applicable, filing, or causing to be filed, the Notification and Report Form pursuant to the HSR Act with respect to the transactions contemplated by this Agreement with the Antitrust Division of the United States Department of Justice and the United States Federal Trade Commission and any filings under any other Antitrust Laws that are necessary to consummate and make effective the transactions contemplated by this Agreement as soon as reasonably practicable following the date on which the Approval Order is entered and (ii) promptly furnishing documents or information requested by any Antitrust Authority. (b) The Company and each Investor subject to an obligation pursuant to the Antitrust Laws to notify any transaction contemplated by this Agreement, the Rights Offering Sub-Plan or the Transaction Agreements that has notified the Company in writing of such obligation (each such Investor, a “Filing Party”) agree to reasonably cooperate with each other as to the appropriate time of filing such notification and its content. The Company and each Filing Party shall, to the extent permitted by applicable Law: (i) promptly notify each other of, and if in writing, furnish each other with copies of (or, in the case of material oral communications, advise each other orally of) any communications from or with an Antitrust Authority; (ii) not participate in any meeting with an Antitrust Authority unless it consults with each other Filing Party and the Company, as applicable, in advance and, to the extent permitted by the Antitrust Authority and applicable Law, give each other Filing Party and the Company, as applicable, a reasonable opportunity to attend and participate thereat; (iii) furnish each other Filing Party and the Company, as applicable, with copies of all correspondence, filings and communications between such Filing Party or the Company and the Antitrust Authority; (iv) furnish each other Filing Party with such necessary information and reasonable assistance as may be reasonably necessary in connection with the preparation of necessary filings or submission of information to the Antitrust Authority; and (v) not withdraw its filing, if any, under the HSR Act without the prior written consent of Requisite Investors and the Company. (c) Should a Filing Party be subject to an obligation under the Antitrust Laws to jointly notify with one or more other Filing Parties (each, a “Joint Filing Party”) a transaction contemplated by this Agreement, the Rights Offering Sub-Plan or the Transaction Agreements, such Joint Filing Party shall promptly notify each other Joint Filing Party of, and if in writing, furnish each other Joint Filing Party with copies of (or, in the case of material oral communications, advise each other Joint Filing Party orally of) any communications from or with an Antitrust Authority. (d) The Company and each Filing Party shall use commercially reasonable efforts to cause the waiting periods under the applicable Antitrust Laws to terminate or expire at the earliest possible date after the date of filing. The communications contemplated by this Section 7.15 may be made by the Company or a Filing Party on an outside counsel-only basis or subject to other agreed upon confidentiality safeguards. The obligations in this Section 7.15 shall not apply to filings, correspondence, communications or meetings with Antitrust Authorities unrelated to the transactions contemplated by this Agreement, the Rights Offering Sub-Plan and the Transaction Agreements. (e) Notwithstanding anything in this Agreement to the contrary, nothing shall require the Company, any Investor or any of their respective Affiliates to (i) dispose of, license or hold separate any of its or its Subsidiaries’ or Affiliates’ assets or the Company’s or its Subsidiaries’ assets, (ii) limit its freedom of action with respect to any of its or its Subsidiaries’ businesses, the Company’s or its Subsidiaries’ businesses or make any other behavioral commitments, (iii) divest any of its Subsidiaries, its Affiliates or any of the Company’s Subsidiaries, or (iv) commit or agree to any of the foregoing. Without the prior written consent of Requisite Investors (such consent not to be unreasonably withheld, conditioned or delayed), neither the Company nor any of its Subsidiaries shall commit or agree to (i) dispose of, license or hold separate any of its assets or (ii) limit its freedom of action with respect to any of its businesses or commit or agree to any of the foregoing, in each case, in order to secure any necessary consent or approvals for the transactions contemplated hereby under the Antitrust Laws. Notwithstanding anything to the contrary herein, neither the Investors, nor any of their Affiliates, nor the Company or any of its Subsidiaries, shall be required as a result of this Agreement, to initiate any legal action against, or defend any litigation brought by, the United States Department of Justice, the United States Federal Trade Commission, or any other Governmental Entity in order to avoid the entry of, or to effect the dissolution of, any injunction, temporary restraining order or other order in any suit or proceeding which would otherwise have the effect of preventing or materially delaying the transactions contemplated hereby, or which may require any undertaking or condition set forth in the preceding sentence.

Most Referenced Clauses

Most Referenced Definitions