Motions for Approval Sample Clauses

Motions for Approval. (a) The Plaintiffs shall bring motions before the Courts as soon as practicable after the Date of Execution for orders approving the notices described in section 10.1, certifying or authorizing each of the Proceedings as a class proceeding as against the Settling Defendants (for settlement purposes only) and approving this Settlement Agreement. (b) The Order approving the notice of certification and certifying the Ontario Proceeding for settlement purposes only as referred to in section 2.2(a) shall be substantially in the form attached as Schedule B. The Order approving the Settlement Agreement referred to in section 2.2(a) shall be substantially in the form attached hereto as Schedule C. The Orders authorizing the Quebec Proceeding and approving the Settlement Agreement referred to in section 2.2(a) shall be agreed upon by the Parties and shall mirror the substance and, where possible, the form of the Ontario Orders.

Motions for Approval. (1) As soon as practical after the Settlement Agreement is executed, the Ontario and Quebec Plaintiffs shall bring motions before the Ontario and Quebec Courts for orders certifying or authorizing the Ontario and Quebec Proceedings, as applicable, as a class proceeding (for settlement purposes) as against the Settling Defendants, and then approving this Settlement Agreement. The Ontario motions shall be filed first and, to the extent practicable, heard before the Quebec motions. (2) The form of orders referred to in section 2.2(1) shall be as agreed to by the Ontario and Quebec Plaintiffs and Settling Defendants or in such form or manner as approved by the Ontario and Quebec Courts. (3) This Settlement Agreement shall only become final on the Effective Date.

Motions for Approval. ‌ (a) As soon as practicable after an order substantially in the form of the First Order is made, and the Notice of Hearing published, the Plaintiffs shall bring motions in both the Ontario Action and the Quebec Action for the Courts’ approval of an order substantially in the form of the draft Second Order at Schedule E and E1 (being the draft order approving this Settlement). The Defendants will consent to these motions, and the Fonds d’aide will be served with the motion in connection with the Quebec Action. The Parties waive any rights of appeal if the Second Order is granted by the Courts. (b) At the same time as the motions seeking an order substantially in the form of the Second Order at Schedule E and E1, Class Counsel will bring motions in both the Ontario Action and the Quebec Action for the Courts’ approval of an order substantially in the form of the draft Third Order at Schedule F and F1 (being the draft order approving Class Counsel Fees). The Defendants will not oppose these motions. The Parties waive any rights of appeal if the Third Order is granted by the Courts. (c) The Plaintiffs will provide draft copies of the motion materials to Defence Counsel before they are finalized. The Parties will work cooperatively to address any confidentiality or other reasonable concern raised by the Defendants prior to filing the motion materials. The Parties agree that the motion materials will include information from the Defendants regarding: the quantum of the Class’ overcharge claim consistent with the information provided by the Defendants for the Parties’ mediation, the size of the Class, the estimated number of Active Group Members, the reliability of information about PayPal accountholders, and the Defendants’ foreign exchange practices. (d) If a Class Member wishes to object to this Settlement Agreement or the Class Counsel Fees, the Class Member must notify Class Counsel in writing of the objection at least four business days in advance of the hearing of the motions in articles 3(a) and 3(b), and must advise whether the Class Member intends to attend or otherwise participate in those motions. Class Counsel will bring any written objections to the attention of the Courts on those motions. If the Plaintiffs, Class Counsel, the Defendants, or Defence Counsel become aware that a Class Member or other person intends to object to those motions, they will advise the Parties in writing as soon as practicable and in any event no later than 2 business day...

Motions for Approval. (1) As soon as practical after the Settlement Agreement is executed, the BC and Ontario Plaintiffs shall bring motions before the BC and Ontario Courts for an order certifying the BC and Ontario Proceedings as a class proceeding (for settlement purposes) as against the Settling Defendants, and then approving this Settlement Agreement. (2) As soon as practical after the Settlement Agreement is executed, and after the BC and Ontario Plaintiffs bring the first motion required by section 2.2(1), the Quebec Plaintiff shall bring a motion before the Quebec Court for an order authorizing the Quebec Proceeding as a class proceeding (for settlement purposes) as against the Settling Defendants, and after the BC and Ontario Plaintiffs bring the second motion required by section 2.2(1), the Quebec Plaintiff shall bring a motion before the Quebec Court for an order approving the Settlement Agreement. (3) The form of orders referred to in section 2.2(1) and (2) shall be as agreed to by the Plaintiffs and Settling Defendants or in such form or manner as approved by the Courts. (4) This Settlement Agreement shall only become final on the Effective Date.

Motions for Approval. (1) As soon as practical after the Settlement Agreement is executed, the Ontario and Quebec Plaintiffs shall bring motions before the Ontario and Quebec Courts for orders approving the Notice of Hearing, certifying or authorizing the Ontario and Quebec Proceedings, as applicable, as a class proceeding (for settlement purposes) as against the Settling Defendants, and approving this Settlement Agreement. (2) The Ontario order approving the notices described in section 11.1(1) and certifying the Ontario Proceeding for settlement purposes as against the Settling Defendants shall be substantially in the form attached as Schedule B. The Quebec order approving the notices described in section 11.1(1) and seeking consent authorization as against the Settling Defendants shall be substantially in the form attached as Schedule D. (3) The Plaintiffs shall make best efforts to file motions before the Ontario and Quebec Courts for orders approving this Settlement Agreement as soon as practicable after: (a) the orders referred to in section 2.2(2) have been granted; and (b) the notices described in section 11.1(1) have been published. (4) The Ontario order approving this Settlement Agreement shall be substantially in the form attached as Schedule C. The Quebec order approving this Settlement Agreement shall be substantially in the form attached as Schedule E. (5) This Settlement Agreement shall only become final on the Effective Date.

Motions for Approval. 27. Class Counsel shall file a motion with the Superior Court of Quebec for approval of the Agreement and shall seek to obtain the Approval Order. 28. Subject to judicial approval and only for purposes of the Agreement, All Market Inc shall consent to the authorization of the Quebec Class Action pursuant to Articles 1002 and 1006 C.C.P. 29. No later than 10 days before the Approval Hearing, All Market Inc. shall provide Class Counsel with an affidavit or declaration, by a competent affiant or declarant, attesting that the Pre-Approval Notice has been disseminated in accordance with the Pre-Approval Order. 30. Objections to the Agreement can be formulated by Class Members before the Quebec Court. Objections, including all briefs or other papers or evidence in support thereof, shall be postmarked, served, filed and received by Class Counsel and Defence Counsel no later than 10 days prior to the Approval Hearing. Any Class Member who wishes to appear before the Court at the Approval Hearing must postmark, serve and file notice of such intent to be heard no later than 10 days prior to the Approval Hearing. 31. At the Approval Hearing, Class Counsel and Defence Counsel shall move for final approval of the Agreement and present their arguments in support thereof.

Motions for Approval. (1) At a time mutually agreed to by the Parties after the Settlement Agreement is executed, the Plaintiffs shall bring motions before the Courts for orders approving the notices described in section 11, certifying or authorizing each of the Proceedings commenced in their respective jurisdictions as a class proceeding (for settlement purposes) and approving this Settlement Agreement. (2) The Plaintiffs are not required to disseminate the Notice of Certification and Approval Hearings until after the earlier of a decision denying certification of the Ontario Proceeding or the notice that follows a successful certification order in the Ontario Proceeding. (3) At or before the motions described in section 2.2(1), the Plaintiffs shall bring a motion for an order to amend the statement of claim or equivalent originating process in the BC Proceeding and the Quebec Proceeding to add the Settling Defendants as defendants. The Settling Defendants shall consent to such amendments and shall not assert any limitation or other objections solely for the purposes of implementing this Settlement Agreement. Counsel for the Settling Defendants shall further accept service of the amended statement of claim or equivalent originating process naming the Settling Defendants as defendants in each Proceeding solely for the purposes of implementing this Settlement Agreement. In the event that the Settlement Agreement is not approved, is terminated or otherwise fails to take effect, the Plaintiffs shall consent to the removal of the Settling Defendants as parties and the Settling Defendants shall be entitled to assert all of their procedural, substantive and jurisdictional rights and defences that existed prior to this Settlement Agreement in connection with jurisdiction, service, limitations, and otherwise at law. (4) This Settlement Agreement shall only become final on the Effective Date.

Motions for Approval. Pre-Approval Hearing a) The Plaintiffs shall file a motion for the Pre-Approval Hearing in order to seek the Pre-Approval Order to approve the Pre-Approval Notice Dissemination Plan and the Pre-Approval Notices, the publication of which will trigger the commencement of the Comment Period. b) The Pre-Approval Order referred to in Article 2.2(a) shall be in a form substantially similar to the order attached hereto as Schedule “H” and as agreed upon by Class Counsel and the Defendant and approved by the Court.

Motions for Approval. (a) The Plaintiff shall bring a motion before the Court for orders approving the notices described in section 11.1, certifying the Proceeding as a class proceeding (for settlement purposes), approving this Settlement Agreement and the Distribution Protocol. (b) The orders certifying the Proceeding and approving the Settlement Agreement shall be substantially in the form attached hereto as Schedules A and B. (c) This Settlement Agreement shall only become final on the Effective Date.

Motions for Approval. (1) As soon as practical after the Settlement Agreement is executed, the Federal Court Plaintiffs shall file a motion before the Federal Court for an order certifying the Federal Court Action as a class proceeding for settlement purposes and approving the Notice Plan attached as Schedule “D” and the Notice of Certification and Settlement Approval Hearing attached to the Notice Plan as Schedule “A1”. The order shall be substantially in the form attached as Schedule “B”. (2) The Federal Court Plaintiffs shall file a motion before the Federal Court for an order approving this Settlement Agreement as soon as practicable after: (a) the order referred to in section 2.2(1) has been granted; and (b) the Notice of Certification and Settlement Approval Hearing has been published. The order approving this Settlement Agreement shall be substantially in the form attached as Schedule "C". (3) As soon as practical after the Execution Date, the Quebec Plaintiffs will move to discontinue the Quebec Action and the BC Plaintiff will file a discontinuance in the BC Action. (4) This Settlement Agreement shall only become final on the Effective Date.