Common use of Motion Clause in Contracts

Motion. Within fifteen (15) days after the Agreement Date, Plaintiffs shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit G (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 9 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Plaintiffs will propose that Notice in substantially the form attached hereto as Exhibit E, be sent via electronic mail, first class mail or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who has been or is, at the time of Notice, a party in any case included in MDL No. 2099, In re: Stanford Entities Securities Litigation (N.D. Tex.) (the “MDL”), the SEC Action, the Investor Litigation, or the Committee Litigation who are deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(d); sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the MDL, the SEC Action, the Investor Litigation, or the Committee Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Plaintiffs will further propose that Notice in substantially the form attached hereto as Exhibit H be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Plaintiffs shall provide the BDO Entities with a reasonable opportunity to review and comment on such motion papers.

Motion. Within fifteen On a date mutually acceptable to the Parties that is not more than ninety (1590) days after from the Agreement Date, unless otherwise agreed by the Parties in writing, via e-mail or otherwise, Plaintiffs shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit G F (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 9 20 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Plaintiffs will propose that Notice in substantially the form attached hereto as Exhibit EA, be sent via electronic mail, first first-class mail or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who has been or is, at the time of Notice, a party in any case included in In re Stanford Entities Securities Litigation, MDL No. 2099, In re: Stanford Entities Securities Litigation 2099 (N.D. Tex.) (the “MDL”), including but not limited to the parties to the ARCA Investments Litigation, the SEC Action, the Investor Litigation, or the Committee Litigation who are deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(dCV- 5.1(d); sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the MDL, the SEC Action, the Investor Litigation, or the Committee Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Plaintiffs will further propose that Notice in substantially the form attached hereto as Exhibit H G be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Plaintiffs shall provide the BDO Entities Proskauer with a reasonable opportunity to review and comment on such motion papers.

Motion. Within fifteen (15) days after the Agreement Date, Plaintiffs the Receiver shall submit to the Court in the SEC Action, the Coverage Action, and the Third-Party Coverage Actions a motion requesting entry of an order substantially in the form attached hereto as Exhibit G I (the “Scheduling Order”) (a) preliminarily approving the SettlementAgreement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; (d) staying the Coverage Action and the Third- Party Coverage Actions during the Court’s consideration of the Agreement (as more particularly described in Exhibit I); and (de) scheduling a Hearing to consider final approval of the Settlement Agreement and entry of the orders required by Paragraph 9 8 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Plaintiffs the Receiver will propose that Notice in substantially the form attached hereto as Exhibit EF, be sent via electronic mail, first class mail or international delivery service to all Interested Parties; sent via electronic service to all counsel of record (who are deemed to have consented to electronic service) for any Person who has been or is, at the time of the Notice, a party in any case included matter in (i) MDL No. 2099, In re: Stanford Entities Securities Litigation (N.D. Tex.) (the “MDL”), ; (ii) the SEC Action, ; (iii) the Investor Litigation, or Indirect Claims; and (iv) the Committee Litigation who are deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(d); Third-Party Coverage Actions. The Receiver will further propose that notice be sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the foregoing sentence, and via electronic mail, first class mail or international delivery service to all Interested Parties not served via one of the other foregoing methods, except that the Receiver is not required to individually provide notice to any Person who is an Underwriters’ Insured but is not included in any of the following groups: Stanford Investors; Claimants; or parties to one or more of the MDL, the SEC Action, the Investor LitigationIndirect Claims, or and the Committee Litigation; and Third-Party Coverage Actions. The Receiver will further propose that notice be posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlementincluding all exhibits. Plaintiffs The Receiver will further propose that Notice in substantially the form attached hereto as Exhibit H G be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Plaintiffs the Receiver shall provide the BDO Entities Underwriters with a reasonable opportunity to review and comment on such motion papers.

Motion. Within fifteen On a date mutually acceptable to the Parties that is not more than ninety (1590) days after days, and not less than sixty (60) days, from the Agreement Date, unless otherwise agreed by the Parties in writing, via e-mail or otherwise, Plaintiffs shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit G F (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 9 20 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Plaintiffs will propose that Notice in substantially the form attached hereto as Exhibit EA, be sent via electronic mail, first first-class mail or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who has been or is, at the time of Notice, a party in any case included in In re Stanford Entities Securities Litigation, MDL No. 2099, In re: Stanford Entities Securities Litigation 2099 (N.D. Tex.) (the “MDL”), the SEC Action, the Investor Litigation, or the Committee Receiver Litigation who are deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(d); sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the MDL, the SEC Action, the Investor Litigation, or the Committee Receiver Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Plaintiffs will further propose that Notice in substantially the form attached hereto as Exhibit H G be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Plaintiffs shall provide the BDO Entities Xxxxxxxxxx with a reasonable opportunity to review and comment on such motion papers.

Motion. Within fifteen On a date mutually acceptable to the Parties that is not more than twenty (1520) days after from the Agreement Date, Plaintiffs unless otherwise agreed by the Parties in writing, via e-mail or otherwise, the Receiver and the Committee (“Movants”) shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit G E (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 9 19 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Plaintiffs Movants will propose that Notice in substantially the form attached hereto as Exhibit E, A be sent via electronic mail, first first-class mail mail, or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who has been or is, at the time of Notice, a party in any case included in In re Stanford Entities Securities Litigation, MDL No. 2099, In re: Stanford Entities Securities Litigation 2099 (N.D. Tex.) (the “MDL”), the SEC Action, the Investor Litigation, or the Committee Litigation who are deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(d)System; sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the MDL, the SEC Action, the Investor Litigation, or the Committee Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Plaintiffs Movants will further propose that Notice in substantially the form attached hereto as Exhibit H F be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Plaintiffs Movants shall provide the BDO Entities Trustmark with a reasonable opportunity to review and comment on such motion papers.

Motion. Within fifteen On a date mutually acceptable to the Parties that is not more than twenty (1520) days after from the Agreement Date, unless otherwise agreed by the Parties in writing, via e-mail or otherwise, the Plaintiffs shall submit to the MDL Court a motion requesting entry of an a scheduling order substantially in the form attached hereto as Exhibit G (the “Scheduling Order”) D (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Settlement Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders Bar Order required by Paragraph 9 20 of this Settlement Agreement. With respect to the content and plan for publication and dissemination of Notice, the Plaintiffs will propose that Notice in substantially the form attached hereto as Exhibit E, be sent via electronic mail, first first-class mail or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who has been or is, at the time of Notice, a party in any case included in the MDL (In re Stanford Entities Sec. Litig., Case No. 2099, In re: Stanford Entities Securities Litigation 3:09-md-02099-N-BQ (N.D. Tex.) (the “MDL”. Oct. 6, 2009)), the SEC Action, the Investor Rotstain Litigation, or the Committee Litigation who are Xxxxx Litigation, each of whom is deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(d)System; sent via facsimile transmission and/or first electronic mail, first-class mail or international delivery service, to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the MDLMDL (In re Stanford Entities Sec. Litig., Case No. 3:09-md-02099-N-BQ 16 35444706v.2 35468024v.2 (N.D. Tex. Oct. 6, 2009)), the SEC Action, the Investor Rotstain Litigation, or the Committee Xxxxx Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Settlement Agreement and all filings with the MDL Court relating to the Settlement, this Settlement Agreement, and approval of the Settlement. The Plaintiffs will further propose that Notice in substantially the form attached hereto as Exhibit H E be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, the Plaintiffs shall provide the BDO Entities Independent with a reasonable opportunity to review and comment on such motion papers.

Motion. Within fifteen On a date mutually acceptable to the Parties that is not more than twenty (1520) days after from the Agreement Date, Plaintiffs unless otherwise agreed by the Parties in writing, via e-mail or otherwise, the Receiver and the Committee (“Movants”) shall submit to the Court a motion requesting entry of an order substantially in the form attached hereto as Exhibit G E (the “Scheduling Order”) (a) preliminarily approving the Settlement; (b) approving the content and plan for publication and dissemination of Notice; (c) setting the date by which any objection to the Settlement or this Agreement must be filed; and (d) scheduling a Hearing to consider final approval of the Settlement and entry of the orders required by Paragraph 9 19 of this Agreement. With respect to the content and plan for publication and dissemination of Notice, Plaintiffs Movants will propose that Notice in substantially the form attached hereto as Exhibit E, A be sent via electronic mail, first first-class mail mail, or international delivery service to all Interested Parties; sent via electronic service to all counsel of record for any Person who has been or is, at the time of Notice, a party in any case included in In re Stanford Entities Securities Litigation, MDL No. 2099, In re: Stanford Entities Securities Litigation 2099 (N.D. Tex.) (the “MDL”), the SEC Action, the Investor Litigation, or the Committee Litigation who are deemed to have consented to electronic service through the Court’s CM/ECF System under Local Rule CV-5.1(d)System; sent via facsimile transmission and/or first class mail to any other counsel of record for any other Person who has been or is, at the time of service, a party in any case included in the MDL, the SEC Action, the Investor Litigation, or the Committee Litigation; and posted on the websites of the Receiver and the Examiner along with complete copies of this Agreement and all filings with the Court relating to the Settlement, this Agreement, and approval of the Settlement. Plaintiffs Movants will further propose that Notice in substantially the form attached hereto as Exhibit H F be published once in the national edition of The Wall Street Journal and once in the international edition of The New York Times. In advance of filing the motion papers to accomplish the foregoing, Plaintiffs Movants shall provide the BDO Entities Trustmark with a reasonable opportunity to review and comment on such motion papers.