Nature of Motions. (1) The Parties shall use their best efforts to implement the Agreement and to secure the prompt, complete and final resolution of the Action, including a final dismissal of the Action, without costs and with prejudice as against the Defendant. (2) The First Motion shall be brought as soon as is reasonably possible following the execution of this Agreement. The Defendant shall consent to the First Order provided that it is substantially in the form at Schedule “A”. (3) Following the determination of the First Motion, the First Notice shall be published in accordance with section 10.1 of this Agreement. (4) Following the determination of the First Motion, the Second Motion will be brought and the Defendant shall consent to the Second Order provided that it is substantially in the form at Schedule “D”. (5) Following the determination of the Second Motion, provided that the Settlement is approved by the Court, the Second Notice shall be published in accordance with section 10.2 of this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Nature of Motions. (1) . The Parties shall use their best efforts to implement the Agreement and to secure the prompt, complete and final resolution of the Action, including a final dismissal of the Action, without costs and with prejudice as against the DefendantDefendants.
(2) . The First Motion shall be brought as soon as is reasonably possible following the execution of this Agreement. The Defendant Defendants shall consent to the First Order provided that it is substantially in the form at Schedule “AA.”.
(3) . Following the determination of the First Motion, the First Notice shall be published in accordance with section 10.1 of this Agreement.
(4) . Following the determination of the First Motion, the Second Motion will be brought and the Defendant Defendants shall consent to the Second Order provided that it is substantially in the form at Schedule “DD.”.
(5) . Following the determination of the Second Motion, provided that the Settlement is approved by the Court, the Second Notice shall be published in accordance with section 10.2 of this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement