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.
Appears in 11 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
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(110.1(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 purposespurposes only). The Plaintiffs shall 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 11.1(110.1(1) and certifying the Ontario Action as a class proceeding as against the Settling Defendants (for settlement purposespurposes only).
(2) The Ontario order approving the notices described in Section 11.1(110.1(1) and certifying or authorizing the Proceedings Ontario Action for settlement purposes shall be substantially in the form attached as Schedule B. The BC and Quebec order orders approving the notices described in Section 11.1(110.1(1) and certifying or authorizing the BC or Quebec Action Actions 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.order.
Appears in 5 contracts
Samples: Settlement Agreement, Class Action Settlement Agreement, Settlement Agreement
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Subject to subsection 2.2(2), the Plaintiffs shall file bring motions before the Courts, as soon as practicable after the Date of ExecutionExecution Date, for orders approving the notices described in Section 11.1(1) 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 Defendant (for settlement purposes. purposes only).
(2) The motions required by subsection 2.2(1) may be filed in Quebec, British Columbia and Ontario at the same time but, unless the Courts require otherwise or the motions proceed by way of a joint hearing of the Courts, the Plaintiffs shall make best efforts not proceed to file a hearing of the aforementioned motions before the in Quebec Court no later than thirty (30) days after and British Columbia until the Ontario Court has granted an heard the motion.
(3) The Ontario order approving the notices Notice of Certification and of Approval Hearings described in Section 11.1(1subsection 2.2(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. “B”. The Quebec order form and content of the Québec and BC orders approving the notices Notice of Certification and of Approval Hearings described in Section 11.1(1subsection 2.2(1) and authorizing or certifying the Quebec Action Québec and BC Actions for settlement purposes shall be agreed upon by the Parties and shallshall mirror the substance and, where possible, mirror the substance and form of the Ontario order attached as Schedule B.“B”.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Motions Seeking Approval of Notice and Certification or Authorization. (1) The Subject to subsection 2.2(2), the Plaintiffs shall file bring motions before the Courts, as soon as practicable after the Date of ExecutionExecution Date, for orders approving the notices described in Section 11.1(1) Notice of Certification and of Approval Hearings, and certifying or authorizing each of 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 commenced in Section 11.1(1) and certifying the Ontario Action their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposespurposes only).
(2) The Ontario order approving the notices Notice of Certification and of Approval Hearings described in Section 11.1(1subsection 2.2(1) and certifying or authorizing the Proceedings Ontario Action for settlement purposes shall be substantially in the form attached as Schedule B. “B”. The form and content of the Quebec order and British Columbia orders approving the notices Notice of Certification and of Approval Hearings described in Section 11.1(1subsection 2.2(1) and authorizing or certifying the Quebec Action and BC Action for settlement purposes shall be agreed upon by the Parties and shallshall mirror the substance and, where possible, mirror the substance and form of the Ontario order attached as Schedule B.“B”.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
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 orders certifying or authorizing the Proceedings commenced in their respective jurisdictions as class proceedings as against the Named Settling Defendants (for settlement purposespurposes only). The Plaintiffs shall 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 orders approving the notices described in Section 11.1(1) and certifying the Ontario Action Actions as a class proceeding proceedings as against the Named Settling Defendants (for settlement purposespurposes only).
(2) The Ontario order orders approving the notices described in Section 11.1(1) and certifying or authorizing the Proceedings Ontario Actions for settlement purposes shall be substantially in the form attached as Schedule B. The BC and Quebec order orders approving the notices described in Section 11.1(1) and certifying or authorizing the BC or Quebec Action Actions 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.orders.
Appears in 2 contracts
Samples: National Settlement Agreement, National Settlement Agreement
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(110.1(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 purposespurposes only). The Plaintiffs shall 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 11.1(110.1(1) and certifying the Ontario Action as a class proceeding as against the Settling Defendants (for settlement purposespurposes only).
(2) The Ontario order approving the notices described in Section 11.1(110.1(1) and certifying or authorizing the Proceedings Ontario Action for settlement purposes shall be substantially in the form attached as Schedule B. The British Columbia and Quebec order orders approving the notices described in Section 11.1(110.1(1) and certifying or authorizing the BC Action and 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.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
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(110.1(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(110.1(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(110.1(1) and certifying or authorizing the Proceedings Ontario Action for settlement purposes shall be substantially in the form attached as Schedule B. The Quebec order approving the notices described in Section 11.1(110.1(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.
Appears in 2 contracts
Samples: National Settlement Agreement, Settlement Agreement
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 orders certifying or authorizing the Proceedings commenced in their respective jurisdictions as class proceedings as against the Named Settling Defendants (for settlement purposespurposes only). The Plaintiffs shall 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 orders approving the notices described in Section 11.1(1) and certifying the Ontario Action Actions as a class proceeding proceedings as against the Named Settling Defendants (for settlement purposespurposes only).
(2) The Ontario order 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 C. The BC and Quebec orders 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 BC or Quebec order approving the notices described in Section 11.1(1) and authorizing the Quebec Action Actions 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.orders.
Appears in 1 contract
Samples: National Settlement Agreement
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 orders certifying or authorizing the Proceedings commenced in their respective jurisdictions as class proceedings as against the Named Settling Defendants (for settlement purposespurposes only). The Plaintiffs shall 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 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 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 Actions for settlement purposes shall be substantially in the form attached as Schedule B. The BC and Quebec order orders approving the notices described in Section 11.1(1) and certifying or authorizing the BC or Quebec Action Actions 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.orders.
Appears in 1 contract
Samples: Settlement Agreement
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.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.
Appears in 1 contract
Samples: Class Action Settlement Agreement
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 notice described in Section 11.1(1) and and, where applicable, orders certifying or authorizing the Proceedings commenced in their respective jurisdictions as class proceedings as against the Named Settling Defendants (for settlement purposespurposes only). The Plaintiffs shall 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 orders approving the notices notice described in Section 11.1(1) and certifying the Ontario Action Actions as a class proceeding proceedings as against the Named Settling Defendants (for settlement purposespurposes only).
(2) The Ontario order orders approving the notices notice described in Section 11.1(1) and certifying or authorizing the Proceedings Ontario Actions for settlement purposes shall be substantially in the form attached as Schedule B. The BC and Quebec order orders approving the notices described in Section 11.1(1) and authorizing certifying the BC Action or amending the authorized 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.orders, and include any other provisions required to effectuate this Settlement Agreement.
Appears in 1 contract
Samples: National Settlement Agreement