REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiffs shall file in this Action this Agreement and a motion seeking entry of the Preliminary Approval Order, substantially in the form of the attached Exhibit F, which order by its terms shall accomplish all of the following:
4.1 Preliminarily approve the Settlement;
4.2 Certify both Settlement Classes for settlement purposes only, pursuant to Fed. R. Civ. P. 23(a)(1)-(4) and (b)(3);
4.3 Appoint Plaintiffs Xxxxxxx, Silver, Xxxxxxxx, Iron Man, LLC, Xxxxxxx and Xxxxx Xxxxxx, Xxxxxxxx, Connard, Kulesa, and Landau as Class Representatives for the Average Usage Class, and BDK Alliance LLC as Class Representative for the Above Average Usage Class;
4.4 Appoint the counsel who represent Class Representatives and who are signatories to this Agreement as Class Counsel for the Settlement Classes;
4.5 Designate Xxxxx Xxxxxxx & Xxxxx LLP and Wittels Law, P.C. as Lead Class Counsel.
4.6 Approve the form, contents, and methods of notice to be given to the Settlement Classes as set forth in Section VII of this Agreement, and direct the Settlement Administrator to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in paragraph 7.5 of this Agreement;
4.7 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment:
a. process requests for Opt-Outs from the Settlement in accordance with Sections VII and IX of this Agreement;
b. process Claim Forms in accordance with Section VII of this Agreement;
c. disseminate the Class Notices according to the approved notice plan; and
d. establish the Settlement Websites, which Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms. The Settlement Website shall be reviewed and approved by Viridian (which approval shall not unreasonably be withheld).
4.8 To the extent necessary, stay any other proceedings affecting the certified class pending in this Court or any other court.
4.9 Set the date, time, and location of the Fairness Hearing, upon notice to the Settlement Classes, to consider:
a. whether the Settlement should be finally approved as fair, reasonable, and adequate, and whether the Released Claims of the Settlement Classes again...
REQUIRED EVENTS. Promptly after execution of this Settlement Agreement by all Parties:
A. Class Counsel and Defendant’s Counsel shall take all reasonable and necessary steps to obtain entry of the Preliminary Approval Order and obtain entry of the Final Approval Order. Class Counsel, with AHM’s pre-filing review and approval, shall prepare and file all documents in connection with the Motion for Preliminary Approval and the Motion for Final Approval. Among other things, the Parties agree that Plaintiffs will file with their motion for preliminary approval, or will have filed prior to issuance of the Preliminary Approval Order, a Second Amended Complaint, that defines the class consistent with the terms of this Settlement Agreement. The Parties further agree that AHM need not file a response to the Second Amended Complaint unless the Settlement does not receive final approval. The Parties further agree that in not responding to the Second Amended Complaint as set forth herein, AHM will not be deemed to have waived any defense, admitted any fact, or have otherwise defaulted or effected a waiver in any manner.
B. In the event that the Court fails to issue the Preliminary Approval Order, or fails to issue the Final Approval Order, the Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) identified by the Court. If, despite their best efforts, the Parties cannot cure said defects, the Settlement Agreement is voidable with each party returning to their respective pre-settlement posture and without prejudice or waiver to any party’s pre-settlement position on any legal or factual issue.
C. The Parties acknowledge that prompt approval, consummation, and implementation of the Settlement set forth in this Settlement Agreement are essential. The Parties shall cooperate with each other in good faith to carry out the purposes of and effectuate this Settlement Agreement, shall promptly perform their respective obligations hereunder, and shall promptly take any and all actions and execute and deliver any and all additional documents and all other materials and/or information reasonably necessary or appropriate to carry out the terms of this Settlement Agreement and the transactions contemplated hereby.
D. Upon Entry of the Final Approval Order, this Action shall be dismissed, on its merits and with prejudice, subject to the continuing jurisdiction of the Court. The Final Approval Order also will enjoin the prosecution of any litigation...
REQUIRED EVENTS. Promptly after the execution of this Settlement Agreement:
REQUIRED EVENTS. Promptly after execution of this Settlement Agreement by all Parties:
A. Class Counsel and Defendant’s Counsel shall take all reasonable and necessary steps to obtain entry of the Preliminary Approval Order and obtain entry of the Final Approval Order. Class Counsel, with Quorn’s pre-filing review and approval, shall prepare and file all documents in connection with the Motion for Preliminary Approval and the Motion for Final Approval.
B. In the event that the Court fails to issue the Preliminary Approval Order, or fails to issue the Final Approval Order, the Parties agree to use their best efforts, consistent with this Settlement Agreement, to cure any defect(s) identified by the Court. If, despite their best efforts, the Parties cannot cure said defects, the Settlement Agreement is voidable with each party returning to their respective pre-settlement posture and without prejudice or waiver to any party’s pre-settlement position on any legal or factual issue.
C. The Parties acknowledge that prompt approval, consummation, and implementation of the Settlement set forth in this Settlement Agreement are essential. The Parties shall cooperate with each other in good faith to carry out the purposes of and effectuate this Settlement Agreement, shall promptly perform their respective obligations hereunder, and shall promptly take any and all actions and execute and deliver any and all additional documents and all other materials and/or information reasonably necessary or appropriate to carry out the terms of this Settlement Agreement and the transactions contemplated hereby.
D. Upon Entry of the Final Approval Order, this Action shall be dismissed, on its merits and with prejudice, subject to the continuing jurisdiction of the Court. The Final Approval Order also will enjoin the prosecution of any litigation or class action related to the Released Claims and Released Parties on behalf of any Class Member.
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, Plaintiff shall file in the Action this Agreement and a motion seeking entry of the Preliminary Approval Order, which order shall by its terms accomplish all the following:
4.1 Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2 Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.3 Designate Plaintiff as the Class Representative of the Settlement Class;
4.4 Designate Class Counsel as counsel for the Settlement Class;
4.5 Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order:
a. Process Opt-Out requests in accordance with Section IX of this Agreement;
b. Process Objections to the Settlement in accordance with Section IX of this Agreement;
c. Process Claim Forms in accordance with Section VI of this Agreement;
d. Before disseminating the Settlement Notice, establish the Settlement Website, which Settlement Class Members can visit to read and obtain additional information regarding the Settlement, including submission of Claim Forms; and Electronically Filed - Xxxxxx - June 15, 2018 - 02:02 PM e. Set up and operate a toll-free automated interactive voice response system through which Settlement Class Members can access Settlement information.
4.6 Approve the form, contents, and method of notice to be given to the Settlement Class as set forth in Section VI of this Agreement, and direct Defendant to provide, and cause to be provided, such notice and to file with the Court a declaration of compliance with those notice requirements, as set forth in Section VI of this Agreement.
REQUIRED EVENTS. A. As soon as practicable after the execution of this Agreement, the Parties shall take all necessary steps to seek the Certification and Notice Approval Order, which by its terms shall accomplish all of the following:
1. Certify the Settlement Class as a nationwide class, excluding residents of Québec, solely for the purpose of effecting the Settlement;
2. Designate the Plaintiff as Class Representative of the Settlement Class;
3. Designate Plaintiff’s Counsel as Class Counsel for the Settlement Class;
4. Designate the Settlement Administrator, and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Certification and Notice Approval Order, and the Settlement Approval Order:
a. Disseminate the Certification Notice.
b. Establish the Settlement Website with information that the Parties jointly agree to post concerning the nature of the case and the status of the Settlement, including relevant pleadings, such as the operative Statement of Claim in the Lawsuit and materials in support of certification and notice approval and, when granted, approval of the Settlement, plus relevant orders of the Court. The Settlement Website should also have the functionality to accept online submissions by Settlement Class Members of Opt-out Forms, objections, Claim Forms (once the settlement is approved), and any accompanying documentation.
c. Establish a toll-free telephone number that Settlement Class Members can call to request that a hard copy of the Opt-out Form be sent to them by mail with Canada Post, and also to obtain additional information regarding the Settlement. This shall be accomplished before publishing the Certification Notice.
REQUIRED EVENTS. A. All tenured faculty will participate in the following events in person each year:
1. Annual graduation ceremony in June
2. The first two days of ‗opening week‘
B. Requests for exceptions shall be sent to the appropriate VP at least one week in advance of the event and will be considered on a case by case basis.
REQUIRED EVENTS. 5.1 Promptly after the execution of this Agreement, or as soon as possible depending on the availability of the Courts, the Parties will seek a Notice and Certification Order from each of the Quebec and Ontario Courts, which shall (i) certify/authorize the Class for settlement purposes only, (ii) approve the text of the Notice, and (iii) approve the Notice Plan.
5.2 After one Court has issued the first Notice and Certification Order, the Parties will seek a Notice and Certification Order from the other Court as soon as possible depending on the availability of the Court.
5.3 The Honda Administrator will arrange for the publication of the Long Form Notice on the Website and the dissemination of the Direct Notice in accordance with the Notice Plan as soon as practicable after the Notice and Certification Date. Class Counsel shall also publish the Long Form Notice on their websites.
5.4 Honda will ensure that this Agreement as well as the Schedules and relevant notices are translated into French prior to the Notice Date. In the event of any conflict between the French and English versions of this Agreement or any Schedule, however, the English version shall prevail.
5.5 The Parties agree that the Notice and the Notice Plan to be implemented pursuant to this Agreement are reasonable, constitute the best notice practicable under the circumstances, and constitute due and sufficient notice of the Settlement and the other matters set forth in the Notice to all persons entitled to receive notice, and fully satisfy the requirements of class action legislation in Ontario, British Columbia, Saskatchewan, and Quebec, and Canadian natural justice.
5.6 Forthwith after the Notice and Certification Date, Class Counsel shall schedule (i) the Settlement Approval Hearings in Quebec and Ontario, to be heard on dates to be decided by those Courts, to obtain the Settlement Approval Orders, and (ii) the Recognition Hearings in British Columbia and Saskatchewan, to be heard on dates to be decided by those Courts, to obtain the Recognition Orders. The Settlement Approval Hearing Dates shall be at least THIRTY (30) Days after the Opt Out Deadline, as soon thereafter as can be arranged with the Courts, and the Recognitions Hearings shall be scheduled after the Settlement Approval Hearing Dates.
5.7 Promptly after the Final Approval Date, the Actions shall be dismissed with prejudice as against Honda. The Parties agree to request the Courts to dismiss the Actions with prejudice as aga...
REQUIRED EVENTS. As soon as practicable after the execution of this Agreement, but no later than seven (7) days after execution of this Agreement, Plaintiffs shall file in the Action this Agreement and a motion seeking entry of the Preliminary Approval Order, which Preliminary Approval Order shall by its terms accomplish all the following:
4.1. Preliminarily approve the Settlement and this Agreement as fair and reasonable to the Settlement Class;
4.2. Conditionally certify the Settlement Class for the purpose of effecting the Settlement;
4.3. Designate Plaintiffs as the Class Representatives of the Settlement Class;
4.4. Designate Class Counsel as counsel for the Settlement Class;
4.5. Approve the Settlement Administrator and instruct the Settlement Administrator to perform the following functions in accordance with the terms of this Agreement, the Preliminary Approval Order, and the Final Approval Order:
4.5.1. Process Opt-Out requests in accordance with Section 9 of this Agreement;
4.5.2. Process Objections in accordance with Section 9 of this Agreement;
4.5.3. Process Claim Forms in accordance with Section 6 of this Agreement;
REQUIRED EVENTS. Faculty will participate in the following events in person each year, which occur within the academic calendar and contract dates:
