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

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) Subject to subsection Sections 2.2(3) to 2.2(6), the Ontario Plaintiffs Electrolytic Plaintiffs, Ontario Film Plaintiff and BC Plaintiff shall bring motions before the CourtsOntario Court and the BC Court, respectively, 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 Ontario Electrolytic Action, the Ontario Film Action and the BC Electrolytic Action as commenced in their respective jurisdictions as a class proceeding proceedings as against the Settling Defendants (for settlement purposes only). (2) Subject to subsection Sections 2.2(3) to 2.2(6), the Québec Plaintiff shall bring a motion before the Québec Court for authorization an order to amend add United Chemi-Con, Inc. as a defendant and to modify the authorized class definition in of the Québec Action as against the Settling Defendants (for settlement purposes only) to reflect the Electrolytic Québec Settlement Class Period, and for approval of approving the Notice of Certification Authorization and of Approval Hearings, Hearings as soon as practicable after the Execution Date. Counsel for the Settling Defendants confirms that it will accept service of all proceedings necessary to give effect to this Settlement Agreement on behalf of United Chemi-Con, Inc., it being understood that such acceptance is strictly limited to this purpose. (3) The Ontario order approving the Notice of Certification and of Approval Hearings and certifying the Ontario Electrolytic Action for settlement purposes described in Section 2.2(1) shall be proposed to the Ontario Court substantially in the form attached as Schedule “B”. (4) The form and content of the BC and Québec orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and certifying or authorizing the Ontario BC Electrolytic Action and the Ontario Film Québec 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 Sections 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.2.2

Motions Seeking Approval of Notice and Certification or Authorization. ‌ (1) Subject to subsection Sections 2.2(3) to 2.2(6), the Ontario Plaintiffs Electrolytic Plaintiffs, Ontario Film Plaintiff and BC Plaintiff shall bring motions before the CourtsOntario Court and the BC Court, respectively, 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 Ontario Electrolytic Action, the Ontario Film Action and the BC Electrolytic Action as commenced in their respective jurisdictions as a class proceeding proceedings as against the Settling Defendants (for settlement purposes only).only).‌ (2) Subject to subsection Sections 2.2(3) to 2.2(6), the Québec Plaintiff shall bring a motion before the Québec Court for authorization an order to amend add Nichicon (America) Corporation as a defendant and to modify the authorized class definition in of the Québec Action as against the Settling Defendants (for settlement purposes only) to reflect the Electrolytic Québec Settlement Class Period, and for approval of approving the Notice of Certification Authorization and of Approval Hearings, Hearings as soon as practicable after the Execution Date.. Counsel for the Settling Defendants confirms that it will accept service of all proceedings necessary to give effect to this Settlement Agreement on behalf of Nichicon (America) Corporation, it being understood that such acceptance is strictly limited to this purpose.‌ (3) The Ontario order approving the Notice of Certification and of Approval Hearings and certifying the Ontario Electrolytic Action for settlement purposes described in Section 2.2(1) shall be proposed to the Ontario Court substantially in the form attached as Schedule “B”.‌ (4) The form and content of the BC and Québec orders approving the Notice of Certification and of Approval Hearings described in subsection 2.2(1) and certifying or authorizing the Ontario BC Electrolytic Action and the Ontario Film Québec 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 Sections 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.2.2

Motions Seeking Approval of Notice and Certification or Authorization. (1) Subject to subsection 2.2(32.2(2), the Ontario Plaintiffs and BC Plaintiff shall bring motions before the Courts, as soon as practicable after the Execution Date Date, for orders approving the Notice of Certification and of Approval Hearings and certifying or authorizing each of the Proceedings Proceeding commenced in their respective jurisdictions as a class proceeding as against the Settling Defendants (for settlement purposes only). At the hearing before the Québec Court, Québec Plaintiffs shall apply for an order confirming the substitution of Xxxxxx Xxxxxxxxx by Option consommateurs as plaintiff in the Québec Action. At the same hearing, Québec Plaintiffs shall apply for an order adding the Settling Defendants as Defendants to the Québec Action for settlement purposes only. (2) Subject to The motions required by subsection 2.2(32.2(1) may be filed in Québec and Ontario at the Québec Plaintiff shall bring same time but, unless the Courts require otherwise or the motions proceed by way of 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 joint hearing of the Notice Courts (and the Parties agree that the Plaintiffs may seek permission from the Courts to conduct a coordinated hearing of Certification and the settlement approval motions on a national basis) , the Plaintiffs shall not proceed to a hearing of Approval Hearings, as soon as practicable after the Execution Datemotions in Québec until the Ontario Court has heard the motion. (3) The Ontario orders order 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 form attached as Schedules B and C. Schedule “B”. The form and content of the Québec and BC orders order 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 ”. The Parties agree that if an opt-out process is required by the Ontario CourtCourts, the form of the order will also include a description of that opt-out process consistent with Section 6.1.

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, at such time as soon as practicable after the Execution Date Plaintiffs in their sole discretion deem appropriate, 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 The Québec Plaintiff shall bring a motion for authorization to amend the authorized class definition in the Québec Action as for settlement purposes only against the Settling Defendants (for settlement purposes only) to reflect in the Electrolytic Class PeriodQuébec Action, and for approval of the Notice of Certification and of Approval Hearings, at such time as soon as practicable after the Execution Date.Plaintiffs in their sole discretion deem appropriate. Counsel for the Settling Defendants confirms that it will accept service of all proceedings necessary to give effect to this Settlement Agreement on behalf of the Settling Defendants; it being understood that such acceptance is strictly limited to this purpose and that the Settling Defendants do not hereby waive any right to oppose the jurisdiction of the Québec Court in respect of the Québec Action; (3) The Ontario orders order 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 form attached as Schedules B and C. Schedule “B”. The form and content of the Québec and BC orders order 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 Hearing 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.