TERMS OF THE JUDGMENT. 31. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment, substantially in the form attached hereto as Exhibit B.
TERMS OF THE JUDGMENT. 26 32. If the Settlement contemplated by this Stipulation is approved by the Court, Lead
TERMS OF THE JUDGMENT. 39. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall jointly request that the Court enter a Judgment, substantially in the form attached hereto as Exhibit B, including without limitation, a PSLRA “bar order” as specified in ¶ 14 of the Judgment attached hereto.
TERMS OF THE JUDGMENT. 37. If the Settlement contemplated by this Settlement Agreement is approved by the Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B:
TERMS OF THE JUDGMENT. 12 31. If the Settlement contemplated by this Stipulation is approved by the 13 Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a 14 Judgment, substantially in the form attached hereto as Exhibit B.
TERMS OF THE JUDGMENT. 34. If the Settlement contemplated by this Stipulation is approved by the Court, Class Counsel and Defendants’ Counsel shall jointly request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B. Within ten (10) calendar days of the Judgment becoming Final, Defendants shall file an unopposed or joint motion to voluntarily dismiss the appeal of the Court’s June 30, 2017 class certification order under Federal Rule of Appellate Procedure 42(b). The unopposed or joint motion shall specify that each party shall bear its own costs, fees, and expenses arising out of the proceedings.
TERMS OF THE JUDGMENT. 18. Promptly upon execution of this Stipulation, the Parties shall submit this Stipulation to the Court and shall jointly request the prompt entry of the Judgment approving the Settlement of the Derivative Claims if no objections are received by the expiration of the objection period provided for in the Supplemental Scheduling Order. If an objection to the Revised Settlement is timely received, the Court will determine whether to reconvene the Settlement Fairness Hearing. One business day after receipt of the payments in Section 2(f), the Parties shall file a separate stipulation of dismissal with prejudice for the non-derivative claims.
TERMS OF THE JUDGMENT. 41. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall jointly request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B. The Judgment shall contain a provision barring claims for contribution to the fullest extent permitted by 15 U.S.C. §78u-4(f)(7) and any other applicable law or regulation, by or against Defendants. Nothing herein is intended to broaden the language of the Private Securities Litigation Reform Act of 1995.
TERMS OF THE JUDGMENT. 34. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Settling Defendants’ Counsel shall jointly request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B 35. As required by the PSLRA, the following bar order and judgment reduction provision shall be included, in substantially the following form, in the Judgment or Alternative Judgment: Pursuant to the PSLRA, 15 U.S.C. Section 78u-4(f)(7)(A), and applicable law, upon the Effective Date, any and all claims, actions, allegations, causes of action, demands or rights, however denominated and whether presently known or unknown, seeking contribution as that term is defined for purposes of the PSLRA, or seeking indemnification for claims arising under the federal securities laws or for state law claims arising out of the transactions underlying the claims in the Plymouth Action, Mylroie Action, and Consolidated Action, brought by any person or entity, including PwC, against the Settling Defendants or by any Settling Defendant against any person or entity, other than a person or entity whose liability has been extinguished by this Settlement, are hereby barred and discharged. Any final verdict or judgment obtained by or on behalf of Lead Plaintiff, the Settlement Class or any Settlement Class Member shall be reduced as provided by the PSLRA.
TERMS OF THE JUDGMENT. If this Settlement is approved by the Court, the Parties shall request that the Court enter a Judgment that (a) approves the terms of this Settlement as fair, reasonable, and adequate; (b) provides for the implementation of the terms and provisions of the Settlement; (c) finds that the parties have complied with the requirements of the Class Action Fairness Act of 2005, 28 U.S.C. § 1711 et seq.; (e) dismisses the claims of the Plaintiffs and the Class with prejudice and without costs; (f) permanently enjoins all Class Members who did not timely and validly exclude themselves from the Class from participating as class members in any lawsuit in any forum, or otherwise filing, intervening in, commencing, prosecuting, continuing and/or litigating any lawsuit in any forum based on the claims released in Paragraph 5; and (g) xxxxxx the claims by any Plaintiff and the defenses of any County Defendant as to whom the Settlement has been terminated.
