Common use of Motions for Approval Clause in Contracts

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 days before the hearing of the motions in article 3(a) and 3(b).

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 Plaintiff shall bring motions in both the Ontario Action and the Quebec Action a motion for the Courts’ Court's 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 Parties will cooperate in scheduling the motion for approval of this Settlement at a mutually convenient date which permits orderly resolution of the issues. The Defendants will consent to these motions, and the Fonds d’aide will be served with the motion in connection with the Quebec Actionthis motion. The Parties waive any rights of appeal if the Second Order is granted without amendment by the CourtsCourt. (b) At the same time as the motions motion seeking an order substantially in the form of the Second Order at Schedule E and E1E, Class Counsel will bring motions in both the Ontario Action and the Quebec Action a motion for the Courts’ Court's approval of an order substantially in the form of the draft Draft Third Order at Schedule F and F1 (being the draft order approving Class Counsel Fees, Honorarium and Litigation Funder fees). The Defendants will not oppose these motionsthis motion. The Parties waive any rights of appeal if the Third Order is granted without amendment by the CourtsCourt. (c) The Plaintiffs Plaintiff will provide draft copies of the all 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 any motion materials. The Parties agree that the motion materials in support of the Second Order will include information from the Defendants regarding: , inter alia, the quantum of the Class’ overcharge 's claim consistent with the information provided by the Defendants for in the context of the Parties’ mediation' mediation process, the size of the Class, and 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 days before the hearing of the motions in article 3(a) and 3(b).

Motions for Approval. ‌ (a1) As soon as practicable after an order substantially in the form of the First Order After this Settlement Agreement is made, and the Notice of Hearing publishedexecuted, the Plaintiffs shall bring motions in both a motion before the Ontario Action and Court for an order: (a) certifying the Quebec Action Chiyoda Proceeding as a class proceeding as against the Settling Defendants 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.settlement purposes; (b) At the same time as the motions seeking an order substantially determining that no further opt-out period shall be established in the form Chiyoda Proceeding and that any Person who opted out of the Second Order at Schedule E and E1Ontario, Class Counsel will bring motions in both the Ontario Action and the BC, or Quebec Action for the Courts’ approval of an order substantially in the form Proceedings shall be deemed to have opted out 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.Chiyoda Proceeding; (c) The Plaintiffs will provide draft copies approving the form of the motion materials notice required pursuant 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.section 8.1(1); and (d) If approving a Class Member wishes plan of dissemination for this notice. (2) As soon as practical after the order referred to object in section 2.2(1) is granted, and after the expiry of the opt-out period defined in the notice referred to in section 2.2(1) (if a further opt-out period is required), the Plaintiffs shall bring a motion before the Court for an order approving the Settlement Agreement. (3) The Plaintiffs may, at their sole discretion, indefinitely defer bringing the motion referred to in section 2.2(1) for the sole purpose of aggregating proposed settlements and achieving procedural and cost efficiencies. Nevertheless, if the Plaintiffs have not brought this motion within nine (9) months following the execution of this Settlement Agreement, the Settling Defendants by notice in writing may require the Plaintiffs to promptly bring the motion referred to in section 2.2(1) and take the subsequent steps described in this Settlement Agreement. (4) It is a fundamental term of this Settlement Agreement or that the Class Counsel FeesPlaintiffs and the Settling Defendants must agree on the form and content of the orders to be sought pursuant to sections 2.2(1) and 2.2(2) and every order must be consistent with the terms of the Settlement Agreement. If agreement on the form and content of the orders is not reached within a reasonable period of time, the Class Member must notify Class Counsel in writing Settling Defendants and the Plaintiffs shall have a right of termination pursuant to section 11.1. (5) The form and content of the objection at least four business days in advance orders agreed upon pursuant to section 2.2(4) shall be considered a material term of the hearing Settlement Agreement and the failure of the motions in articles 3(a) Court to approve the form 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 content of the Courts orders agreed upon shall give rise to a right of termination pursuant to section 11.1. (6) This Settlement Agreement shall only become final 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 days before the hearing of the motions in article 3(a) and 3(b)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 days before the hearing of the motions in article 3(a) and 3(b).