WHAT WILL TAKE PLACE AT THE COURT APPROVAL HEARING? Sample Clauses

WHAT WILL TAKE PLACE AT THE COURT APPROVAL HEARING?. The Court will hold the Court Approval Hearing in the courtroom of the Xxxxxxxxx Xxxxxx X. Sargus, Jr., United States District Court for the Southern District of Ohio, Xxxxxx X. Xxxxxxxx U.S. Courthouse, Courtroom 301, 00 Xxxxxxx Xxxxxxxxx, Xxxxxxxx, Xxxx 00000 on at a.m./p.m. At that time, the Court will determine, among other things, (a) whether the Settlement should be finally approved as fair, reasonable and adequate, (b) whether the Action should be dismissed with prejudice pursuant to the terms of the Settlement Agreement, (c) whether Class Members should be bound by the Release set forth in the Agreement, (d) whether Class Members should be subject to a permanent injunction that, among other things, bars Class Members from filing, commencing, prosecuting, intervening in, or participating in (as class members or otherwise) any lawsuit, claim, demand or proceeding in any jurisdiction that is based on or related to, directly or indirectly, matters within the scope of the Release, (e) the amount of attorneys’ fees and costs to be awarded to Plaintiffs’ Counsel, if any, and (f) the amount of the award to be made to Plaintiff for her service as class representative, if any. In making these determinations, the Court will consider, among other things, whether Plaintiff and Class Counsel have adequately represented the Settlement Class in the Action; the Settlement was negotiated at arm’s length; the relief available under the Settlement is adequate, taking into account the costs, risks, and delay of trial and appeal; the proposed method for processing claims and distributing the relief available under the Settlement to eligible members of the Settlement Class is effective; the requested award of attorneys’ fees and litigation costs (and the timing of the proposed payment) is reasonable and appropriate in the context of the case; there are any other agreements required to be disclosed; and the settlement treats Class Members equitably relative to one another. The Court Approval Hearing may be postponed, adjourned or continued by Order of the Court without further notice to the Class.
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Related to WHAT WILL TAKE PLACE AT THE COURT APPROVAL HEARING?

  • Court Approval This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.

  • THE COURT’S FINAL APPROVAL HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.

  • Bankruptcy Court Approval (a) Sellers shall use all commercially reasonable efforts to obtain Bankruptcy Court approval of the Sale Order which, among other things, will contain findings of fact and conclusions of law (i) finding that this Agreement was proposed by the parties in good faith and represents the highest and best offer for the Purchased Assets; (ii) finding that Purchaser is a good faith purchaser under Section 363(m) of the Bankruptcy Code and that the provisions of Section 363(n) of the Bankruptcy Code have not been violated; (iii) authorizing and directing Sellers to consummate the transaction contemplated by this Agreement and sell only the Purchased Assets to Purchaser pursuant to this Agreement and Sections 363 and 365 of the Bankruptcy Code, free and clear of all Encumbrances (including any and all “interests” in the Purchased Assets within the meaning of Section 363(f) of the Bankruptcy Code), other than the Assumed Liabilities and the Permitted Encumbrances, such that Purchaser shall not incur any liability as a successor to the Business; (iv) authorizing and directing Sellers to execute, deliver, perform under, consummate and implement, this Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the foregoing; (v) finding that Purchaser is not a successor in interest to Sellers or otherwise liable for any Retained Liability, (vi) finding that Purchaser’s acquisition of the Purchased Assets and assumption of the Assumed Liabilities does not reflect a significant continuity of the business of Sellers and permanently enjoins each and every holder of a Retained Liability from commencing, continuing or otherwise pursuing or enforcing any remedy, claim or cause of action against Purchaser relative to such Retained Liability; (vii) finding that the sale of the Purchased Assets does not constitute a sub xxxx plan of reorganization; and (viii) directing Sellers, at the direction of the Purchaser, to immediately consummate the sale of the Purchased Assets without awaiting the expiration of any applicable time period for appealing the Sale Order.

  • Jury Duty/Court Appearance a) To qualify for approval from the College to be absent with pay when summoned to serve on a jury, when subpoenaed as a witness in a criminal proceeding or as a witness in a civil action if not a party thereto, or when appearing as a defendant in a criminal or traffic case if acquitted therefrom, a regular or term employee shall produce the summons or subpoena or submit such other evidence showing the necessity for the absence.

  • Alternative to Litigation 13.2.1 The Parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, the Parties agree to use the following Dispute Resolution procedures with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

  • THE COURT’S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you don’t have to.

  • Refund After Non-Approval or Rejection If you or any co-applicant is disapproved or denied under Paragraph 5, we’ll refund all application deposits within 7 days of such disapproval. Refund checks may be made payable to all co-applicants and mailed to one applicant. If the application deposit was paid via check and has not yet been deposited, you may request your check be destroyed instead of a refund check being issued.

  • Jury Duty and Court Appearance 11.4.1 When summoned to serve on a jury; when subpoenaed as a witness in criminal proceedings, or as a witness in a civil action if not a party thereto; when appearing as a defendant in a criminal or traffic case if acquitted therefrom; the employee, to qualify for permission from the Xxxx/delegate to be absent with pay, shall produce the summons or subpoena or submit such other evidence showing the necessity for court appearance.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

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