Common use of PROCEDURE FOR APPROVAL OF SETTLEMENT Clause in Contracts

PROCEDURE FOR APPROVAL OF SETTLEMENT. 35. The parties will seek approval of this Settlement Agreement at a public hearing before the Commission according to the procedures set out in this Settlement Agreement and the Commission's Rules of Procedure. 36. Staff, Xxxxxxx and NSCI agree that this Settlement Agreement will form all of the agreed facts that will be submitted at the settlement hearing regarding Ovenden's and NSCI’s conduct, unless the parties agree that additional facts should be submitted at the settlement hearing. 37. If the Settlement Agreement is approved by the Commission, Ovenden and NSCI each agree to waive all of their rights to a full hearing, judicial review or appeal of the matter under the Securities Act. 38. If the Commission approves this Settlement Agreement, none of the parties will make any public statement that is inconsistent with this Settlement Agreement or with any additional agreed facts submitted at the settlement hearing. 39. Whether or not the Commission approves this Settlement Agreement, neither Ovenden nor NSCI will use, in any proceeding, this Settlement Agreement or the negotiation or process of approval of this agreement as the basis for any attack on the Commission's jurisdiction, alleged bias, alleged unfairness or any other remedies or challenges that may otherwise be available.

PROCEDURE FOR APPROVAL OF SETTLEMENT. 3580. The parties will seek approval of this Settlement Agreement at a public hearing the Settlement Hearing before the Commission according Commission, which shall be held on a date determined by the Secretary to the procedures set out Commission in accordance with this Settlement Agreement and the Commission's ’s Rules of ProcedureProcedure (2019), 42 O.S.C.B. 9714. 3681. Staff, Xxxxxxx and NSCI agree The parties confirm that this Settlement Agreement will form sets forth all of the agreed facts that will be submitted at the settlement hearing regarding Ovenden's and NSCI’s conductSettlement Hearing, unless the parties agree that additional facts should be submitted at the settlement hearingSettlement Hearing. 3782. If the Commission approves this Settlement Agreement is approved by Agreement: (a) the Commission, Ovenden and NSCI each agree to Respondents irrevocably waive all of their rights to a full hearing, judicial review or appeal of the this matter under the Securities Act.; and 38. If (b) neither Staff nor the Commission approves this Settlement Agreement, none of the parties Respondents will make any public statement that is inconsistent with this Settlement Agreement or with any additional agreed facts submitted at the settlement hearingSettlement Hearing. 3983. Whether or not the Commission approves this Settlement Agreement, neither Ovenden nor NSCI the Respondents will not use, in any proceeding, this Settlement Agreement or the negotiation or process of approval of this agreement Settlement Agreement as the basis for any attack on the Commission's ’s jurisdiction, alleged bias, alleged unfairness or any other remedies or challenges that may otherwise be available.

PROCEDURE FOR APPROVAL OF SETTLEMENT. 3525. The parties will seek approval of this Settlement Agreement at a public hearing the Settlement Hearing before the Commission according Commission, which shall be held on a date determined by the Secretary to the procedures set out Commission in accordance with this Settlement Agreement and the Commission's ’s Rules of Procedure, adopted October 31, 2017. 3626. Staff, Xxxxxxx and NSCI agree The Respondent will attend the Settlement Hearing in person. 27. The parties confirm that this Settlement Agreement will form sets forth all of the agreed facts that will be submitted at the settlement hearing regarding Ovenden's and NSCI’s conductSettlement Hearing, unless the parties agree that additional facts should be submitted at the settlement hearingSettlement Hearing. 3728. If the Commission approves this Settlement Agreement is approved by Agreement: (a) the Commission, Ovenden and NSCI each agree to waive Respondent irrevocably waives all of their rights to a full hearing, judicial review or appeal of the this matter under the Securities Act.; and 38. If the Commission approves this Settlement Agreement, none of (b) the parties will not make any public statement that is inconsistent with this Settlement Agreement or with any additional agreed facts submitted at the settlement hearingSettlement Hearing. 3929. Whether or not the Commission approves this Settlement Agreement, neither Ovenden nor NSCI the Respondent will not use, in any proceeding, this Settlement Agreement or the negotiation or process of approval of this agreement Settlement Agreement as the basis for any attack on the Commission's ’s jurisdiction, alleged bias, alleged unfairness or any other remedies or challenges that may otherwise be available.