Common use of Motions Seeking Approval of Notice and Certification or Authorization for Settlement Purposes Clause in Contracts

Motions Seeking Approval of Notice and Certification or Authorization for Settlement Purposes. (1) Subject to subsection 2.2(3), the Ontario Plaintiffs and BC Plaintiff shall bring motions before the Ontario Court and BC Court respectively, as soon as practicable after the Execution Date, for orders approving the Notice of Certification and of Approval Hearings and certifying each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only). At the BC hearing, the BC Plaintiff shall apply for an order adding the Settling Defendants as Defendants to the BC Film Action for settlement purposes only. The Settling Defendants agree that the amended BC pleading may be served by delivery to Counsel for the Settling Defendants. (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 to reflect the Electrolytic Class Period and to include purchasers in Québec of Film Capacitors and products containing Film Capacitors, as reflected in the Québec Settlement Class described in Schedule “A”, and for approval of the Notice of Approval Hearings, before the Québec Court, as soon as practicable after the Execution Date. (3) The Ontario order approving the Notice of Certification and of Approval Hearings and certifying the Ontario Electrolytic Action for settlement purposes shall be proposed to the Ontario Court substantially in the form attached as Schedule “C”. The Ontario Plaintiff shall seek an order in the Ontario Film Action substantially in the same form, but with necessary modification for applicability to the Ontario Film Action. The form and content of the BC order approving the Notice of Certification and of Approval Hearings and certifying the BC Electrolytic Action and BC Film Action shall be agreed upon by the Parties and shall mirror the substance and, where possible, the form of the Ontario order attached as Schedule “C”, as may be modified by the Ontario Court.

Motions Seeking Approval of Notice and Certification or Authorization for Settlement Purposes. (1) Subject to subsection 2.2(3) and 2.2(4), the Ontario Plaintiffs and the BC Plaintiff Plaintiffs shall bring motions before the Ontario Court and BC Court Court, respectively, as soon as practicable after the Execution Date, Date for orders approving the Notice of Certification and of Approval Hearings and certifying each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only). At the BC hearing, the BC Plaintiff shall apply for an order adding the Settling Defendants as Defendants to the BC Film Action for settlement purposes only. The Settling Defendants agree that the amended BC pleading may be served by delivery to Counsel for the Settling Defendants. (2) Subject to subsection 2.2(3) and 2.2(4), 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 to include purchasers in Québec of Film Capacitors and products containing Film Capacitors, as reflected in the Québec Settlement Class described in Schedule “A”Period, and for approval of the Notice of Certification and of Approval Hearings, before the Québec Court, as soon as practicable after the Execution Date. (3) The Ontario order approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and certifying the Ontario Electrolytic Action for settlement purposes shall be proposed to the Ontario Court substantially in the form attached as Schedule “C”. The Ontario Film Plaintiff shall seek an order in the Ontario Film Action substantially in the same formform attached as Schedule “D” including recognition that the Settling Defendants are not named as defendants in the BC Film Action or in respect of Film Capacitors in the Québec Action, but with necessary modification and a declaration that the opt-out periods provided in the BC Film Action and the Québec Action satisfy the requirement of section 9 of the Class Xxxxxxxxxxx Xxx, 0000, S.O. 1992, c. 6 for applicability to the purposes of the Ontario Film Action. The , that no further opt-out period is necessary for the Ontario Film Action and that the opt-out period expired on October 24, 2018, or in the alternative to such declaration, providing such further opt-out period as may be required to certify for settlement purposes a class comprising all Film Settlement Class Members. (4) Subject to subsection 2.2(5), the form and content of the Québec and BC order orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and authorizing or certifying the Québec Action and BC Electrolytic Action and BC Film 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 “C”, as may be modified by the Ontario Court or as agreed by the Parties. (5) At the hearings described in subsections 2.2(1) and 2.2(2), and subject to subsection 2.2(6), Class Counsel shall seek orders in the BC Film Action and the Québec Action, respectively, which: (a) recognize that: (i) the Ontario Film Action comprises a national class; (ii) the Settling Defendants were named in the Ontario Film Action but not in the BC Film Action and not in respect of Film Capacitors in the Québec Action, as applicable; and (iii) the Settling Defendants have settled the Released Film Claims on a national basis in the Ontario Film Action; and (b) declare that: (i) a national opt-out period was provided in the Film Proceedings and the Québec Action pursuant to the orders of the Ontario Court, the BC Court and the Québec Court, made on June 28, 2018, September 26, 2018 and July 25, 2018, respectively; (iii) the national opt-out period was sufficient and effective for all Persons in British Columbia who purchased a Film Capacitor or a product containing a Film Capacitor during the Film Class Period, or for all Persons who purchased in Québec at least one Film Capacitor or a product containing at least one Film Capacitor during the Film Class Period, as applicable; and (iv) no further opt-out period is necessary for Persons in British Columbia who purchased a Film Capacitor or a product containing a Film Capacitor during the Film Class Period, or for Persons who purchased in Québec at least one Film Capacitor or a product containing at least one Film Capacitor during the Film Class Period, as applicable. (6) If the Ontario Court declines to certify for settlement purposes the Ontario Film Action with a class including all Film Settlement Class Members, the Plaintiffs will seek orders from each of the Courts in respect of the Film Proceedings and the Québec Action on terms, agreed with the Settling Defendants, which facilitate a binding nationwide settlement and release of all Released Film Claims by all Film Settlement Class Members.

Motions Seeking Approval of Notice and Certification or Authorization for Settlement Purposes. (1) Subject to subsection 2.2(3) and 2.2(4), the Ontario Plaintiffs and the BC Plaintiff Plaintiffs shall bring motions before the Ontario Court and BC Court Court, respectively, as soon as practicable after the Execution Date, Date for orders approving the Notice of Certification and of Approval Hearings and certifying each of the Proceedings commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only). At the BC hearing, the BC Plaintiff shall apply for an order adding the Settling Defendants as Defendants to the BC Film Action for settlement purposes only. The Settling Defendants agree that the amended BC pleading may be served by delivery to Counsel for the Settling Defendants. (2) Subject to subsection 2.2(3) and 2.2(4), 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 to include purchasers in Québec of Film Capacitors and products containing Film Capacitors, as reflected in the Québec Settlement Class described in Schedule “A”Period, and for approval of the Notice of Certification and of Approval Hearings, before the Québec Court, as soon as practicable after the Execution Date. (3) The Ontario order approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and certifying the Ontario Electrolytic Action for settlement purposes shall be proposed to the Ontario Court substantially in the form attached as Schedule “C”. The Ontario Film Plaintiff shall seek an order in the Ontario Film Action substantially in the same formform attached as Schedule “D” including recognition that the Settling Defendants are not named as defendants in the BC Film Action or in respect of Film Capacitors in the Québec Action, but with necessary modification and a declaration that the opt-out periods provided in the BC Film Action and the Québec Action satisfy the requirement of section 9 of the Class Proceedings Act, 1992, S.O. 1992, c. 6 for applicability to the purposes of the Ontario Film Action. The , that no further opt-out period is necessary for the Ontario Film Action and that the opt-out period expired on October 24, 2018, or in the alternative to such declaration, providing such further opt-out period as may be required to certify for settlement purposes a class comprising all Film Settlement Class Members. (4) Subject to subsection 2.2(5), the form and content of the Québec and BC order orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and authorizing or certifying the Québec Action and BC Electrolytic Action and BC Film 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 “C”, as may be modified by the Ontario Court or as agreed by the Parties. (5) At the hearings described in subsections 2.2(1) and 2.2(2), and subject to subsection 2.2(6), Class Counsel shall seek orders in the BC Film Action and the Québec Action, respectively, which: (a) recognize that: (i) the Ontario Film Action comprises a national class; (ii) the Settling Defendants were named in the Ontario Film Action but not in the BC Film Action and not in respect of Film Capacitors in the Québec Action, as applicable; and (iii) the Settling Defendants have settled the Released Film Claims on a national basis in the Ontario Film Action; and (b) declare that: (i) a national opt-out period was provided in the Film Proceedings and the Québec Action pursuant to the orders of the Ontario Court, the BC Court and the Québec Court, made on June 28, 2018, September 26, 2018 and July 25, 2018, respectively; (iii) the national opt-out period was sufficient and effective for all Persons in British Columbia who purchased a Film Capacitor or a product containing a Film Capacitor during the Film Class Period, or for all Persons who purchased in Québec at least one Film Capacitor or a product containing at least one Film Capacitor during the Film Class Period, as applicable; and (iv) no further opt-out period is necessary for Persons in British Columbia who purchased a Film Capacitor or a product containing a Film Capacitor during the Film Class Period, or for Persons who purchased in Québec at least one Film Capacitor or a product containing at least one Film Capacitor during the Film Class Period, as applicable. (6) If the Ontario Court declines to certify for settlement purposes the Ontario Film Action with a class including all Film Settlement Class Members, the Plaintiffs will seek orders from each of the Courts in respect of the Film Proceedings and the Québec Action on terms, agreed with the Settling Defendants, which facilitate a binding nationwide settlement and release of all Released Film Claims by all Film Settlement Class Members.