Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the Date of Execution, for orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes. The Plaintiffs shall make best efforts to file the aforementioned motions before the Quebec Court no later than thirty (30) days after the Ontario Court has granted an order approving the notices described in Section 11.1(1) and certifying the Ontario Action as a class proceeding for settlement purposes.
(2) The Ontario order approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes shall be substantially in the form attached as Schedule B. The Quebec order approving the notices described in Section 11.1(1) and authorizing the Quebec Action for settlement purposes shall be agreed upon by the Parties and shall, where possible, mirror the substance and form of the Ontario order attached as Schedule B.
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the Date of Execution, for orders approving the notices described in Section 10.1(1) and certifying or authorizing each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only). The Plaintiffs will make best efforts to file the aforementioned motion before the Quebec Court no later than thirty
Motions Seeking Approval of Notice and Certification or Authorization. (1) Subject to subsection 2.2(3), the Ontario Plaintiffs and BC Plaintiff shall bring motions before the Courts, as soon as practicable after the Execution Date for orders approving the Notice of Certification and of Approval Hearings and certifying or authorizing each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only).
(2) Subject to subsection 2.2(3) the Québec Plaintiff shall bring a motion for authorization to amend the authorized class definition in the Québec Action as against the Settling Defendants (for settlement purposes only) to reflect the Electrolytic Class Period, and for approval of the Notice of Certification and of Approval Hearings, as soon as practicable after the Execution Date.
(3) The Ontario orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and certifying the Ontario Electrolytic Action and the Ontario Film Action for settlement purposes shall be proposed to the Ontario Court substantially in the forms respectively attached as Schedules B and C. The form and content of the Québec and BC orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and (2) and authorizing to amend the authorized class definition in the Québec Action as against the Settling Defendants or certifying the BC Action for settlement purposes shall be agreed upon by the Parties and shall mirror the substance and, where possible, the form of the Ontario order attached as Schedule B, as may be modified by the Ontario Court.
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the Date of Execution, for orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings commenced in their respective jurisdictions as class proceedings as against the Named Settling Defendants (for settlement purposes only). The Plaintiffs will make best efforts to file the aforementioned motions before the BC Court and the Quebec Court no later than thirty (30) days after the Ontario Court has granted orders approving the notices described in Section 11.1(1) and certifying the Ontario Actions as class proceedings as against the Named Settling Defendants (for settlement purposes only).
(2) The Ontario orders approving the notices described in Section 11.1(1) and certifying the Ontario Actions for settlement purposes shall be substantially in the form attached as Schedule B. The BC and Quebec orders approving the notices described in Section 11.1(1) and certifying the BC Action or authorizing the Quebec Action for settlement purposes shall be agreed upon by the Parties and shall, where possible, mirror the substance and form of the Ontario orders.
Motions Seeking Approval of Notice and Certification or Authorization. (1) Subject to subsection 2.2(2), the Plaintiffs shall bring motions before the Courts, as soon as practicable after the Execution Date, but no later than one hundred and eighty (180) days after the Execution Date, for orders approving the Notice of Certification and of Approval Hearings and certifying or authorizing each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only).
(2) The Ontario order approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and certifying the Ontario Action for settlement purposes shall be proposed to the Ontario Court substantially in the form attached as Schedule “B”. The form and content of the Québec and BC orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and authorizing or certifying the Québec and BC Actions for settlement purposes shall be agreed upon by the Parties and shall mirror the substance and, where possible, the form of the Ontario order attached as Schedule “B”, as may be modified by the Ontario Court.
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the Date of Execution, for orders approving the notices described in Section 10.1(1) and certifying or authorizing each of the Proceedings as class proceedings as against the Settling Defendants (for settlement purposes only). The Plaintiffs will make best efforts to file the aforementioned motions before the BC Court and the Quebec Court no later than thirty (30) days after the Ontario Court has granted an order approving the notices described in Section 10.1(1) and certifying the Ontario Action as a class proceeding as against the Settling Defendants (for settlement purposes only).
(2) The Ontario order approving the notices described in Section 10.1(1) and certifying the Ontario Action for settlement purposes shall be substantially in the form attached as Schedule B. The British Columbia and Quebec orders approving the notices described in Section 10.1(1) and certifying or authorizing the BC Action or the Quebec Action for settlement purposes shall be agreed upon by the Parties and shall, where possible, mirror the substance and form of the Ontario order.
Motions Seeking Approval of Notice and Certification or Authorization. (1) 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 11.1(1), and certifying or authorizing each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only).
(2) The Ontario orders approving the notices described in Section 11.1(1) and certifying the Ontario Action for settlement purposes shall be substantially in the form attached as Schedule B. The form and content of the BC and Quebec orders approving the notices described in Section 11.1(1) and certifying or authorizing the BC and Quebec Actions for settlement purposes shall be agreed upon by the Parties and shall mirror the substance and, where possible, the form of the Ontario order attached as Schedule B.
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the date of execution, for orders approving the notices described in Section 11.1(1) and for certifying or authorizing the Proceedings for settlement purposes.
(2) The Ontario order approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes shall be substantially in the form attached as Schedule B. The Quebec order approving the notices described in Section 11.1(1) shall be agreed upon by the Parties and shall, where possible, mirror the substance and form of the Ontario order attached as Schedule B.
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the Date of Execution, for orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes. The Plaintiffs shall make best efforts to file the aforementioned motions before the Quebec Court no later than thirty (30) days after the Ontario Court has granted an order approving the notices described in Section 11.1(1) and certifying the Ontario Action as a class proceeding for settlement purposes. For greater certainty, the Plaintiffs shall use their best efforts to seek orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes immediately following the Date of Execution, with a view to having them included under or added to the currently pending orders for approvals in relation to other already announced settlements, or alternatively at the next-in-time instance following the Date of Execution that matters are scheduled before the Courts in the Proceedings, with a view to having both the orders contemplated in Section 11.1(1) and the orders approving the Settlement Agreement signed so that the Effective Date can occur before then end of 2017.
(2) The Ontario order approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes shall be substantially in the form attached as Schedule B. The Quebec order approving the notices described in Section 11.1(1) and authorizing the Quebec Action for settlement purposes shall be agreed upon by the Parties and shall, where possible, mirror the substance and form of the Ontario order attached as Schedule B.
(3) Class Counsel will not take any steps to prosecute the proceedings as against the Settling Defendants on or after the Date of Execution and until the Effective Date of this Settlement Agreement, other than those steps provided for or required by the Settlement Agreement and those steps that are necessary to secure the Courts' approval of this Settlement Agreement, and the Settling Defendants will not be requested by the Plaintiffs to take any steps in connection with their defence of the Proceedings and/or response to the Plaintiffs’ request for certification or authorization and will be accommodated, as need be, if for any reason the Settlement Agreement is not approved and/or is terminated.
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Plaintiffs shall file motions before the Courts, as soon as practicable after the Date of Execution, for orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes. For greater certainty, the Plaintiffs shall seek orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes as it relates to the Settling Defendant at the next-in-time instance following the Date of Execution where certification of the Proceedings for settlement purposes is sought from the Courts of any settlement agreement entered with the Plaintiffs in the Proceedings, whether or not such settlement agreement is in existence at the Date of Execution. The Plaintiffs shall make best efforts to file the aforementioned motions before the Quebec Court no later than thirty (30) days after the Ontario Court has granted an order approving the notices described in Section 11.1(1) and certifying the Ontario Action as a class proceeding for settlement purposes.
(2) The Ontario order approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings for settlement purposes shall be substantially in the form attached as Schedule B. The Quebec order approving the notices described in Section 11.1(1) and authorizing the Quebec Action for settlement purposes shall be agreed upon by the Parties and shall, where possible, mirror the substance and form of the Ontario order attached as Schedule B.
