PROCEDURE FOR APPROVAL OF SETTLEMENT. Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent.
PROCEDURE FOR APPROVAL OF SETTLEMENT. 26. Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent.
27. Staff and the Respondent may refer to any part, or all, of the Settlement Agreement at the settlement hearing. Staff and the Respondent also agree that if this Settlement Agreement is accepted by the Hearing Panel, it will constitute the entirety of the evidence to be submitted respecting the Respondent in this matter, and the Respondent agrees to waive his rights to a full hearing, a review hearing before the Board of Directors of the MFDA or any securities commission with jurisdiction in the matter under its enabling legislation, or a judicial review or appeal of the matter before any court of competent jurisdiction.
28. Staff and the Respondent agree that if this Settlement Agreement is accepted by the Hearing Panel, then the Respondent shall be deemed to have been penalized by the Hearing Panel pursuant to s. 24.1.2 of By-law No. 1 for the purpose of giving notice to the public thereof in accordance with s. 24.5 of By-law No. 1.
29. Staff and the Respondent agree that if this Settlement Agreement is accepted by the Hearing Panel, neither Staff nor the Respondent will make any public statement inconsistent with this Settlement Agreement. Nothing in this section is intended to restrict the Respondent from making full answer and defence to any civil or other proceedings against him.
PROCEDURE FOR APPROVAL OF SETTLEMENT. 46. Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent. MFDA Settlement Hearings are typically held in the absence of the public pursuant to section 20.5 of MFDA By-law No. 1 and Rule 15.2(2) of the MFDA Rules of Procedure. If the Hearing Panel accepts the Settlement Agreement, then the proceeding will become open to the public and a copy of the decision of the Hearing Panel and the Settlement Agreement will be made available at xxx.xxxx.xx.
PROCEDURE FOR APPROVAL OF SETTLEMENT. 35. Approval of this settlement will be sought at a public hearing before the Commission scheduled for a date to be agreed to by Staff and the Affinity Respondents, in accordance with the procedures set out in this settlement agreement and the Commission’s Rules of Practice.
36. Staff and the Affinity Respondents agree that if this settlement agreement is approved by the Commission, it will constitute the entirety of the evidence to be submitted respecting the Affinity Respondents in this matter, and the Affinity Respondents agree to waive their rights to a full hearing, judicial review or appeal of the matter under the Act.
37. Staff and the Affinity Respondents agree that if this settlement agreement is approved by the Commission, neither Staff nor the Affinity Respondents will make any public statement inconsistent with this settlement agreement.
38. If the Affinity Respondents fail to honour the agreement contained in paragraph 37 of this settlement agreement, Staff reserve the right to bring proceedings under Ontario securities law against the Affinity Respondents based on the facts set out in Part III of this settlement agreement, as well as the breach of the agreement.
39. If, for any reason whatsoever, this settlement agreement is not approved by the Commission or an order in the form attached as Schedule “A” is not made by the Commission, each of Staff and the Affinity Respondents will be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing of the allegations in the Notice of Hearing, unaffected by this agreement or the settlement negotiations.
40. Whether or not this settlement agreement is approved by the Commission, the Affinity Respondents agree that they will not, in any proceeding, refer to or rely upon this agreement or the negotiation or process of approval of this agreement as the basis for any attack on the Commission’s jurisdiction, alleged bias, appearance of bias, alleged unfairness or any other remedies or challenges that may otherwise be available.
PROCEDURE FOR APPROVAL OF SETTLEMENT. The parties will seek approval of this Settlement Agreement at the Settlement Hearing before the Commission, which will be held on a date to be determined by the Secretary to the Commission in accordance with this Settlement Agreement and the Commission’s Rules of Procedure, (2017) 40 O.S.C.B. 8988.
PROCEDURE FOR APPROVAL OF SETTLEMENT a. Upon execution of the Settlement Agreement by Staff and by the Respondents, and the receipt by Staff of a certified cheque in the amount of $20,000, which shall be held in escrow, Staff will apply to the Commission for an order approving the Settlement Agreement.
b. If the Settlement Agreement is approved by the Commission, it will constitute the entirety of the evidence submitted respecting the Respondents in this matter.
c. If the Settlement Agreement is approved by the Commission, the Respondents agree to waive any right to a hearing and/or appeal with respect to this matter.
d. If, for any reason whatsoever, this settlement is not approved by the Commission and the order set forth in Schedule "A" is not made by the Commission:
i. Staff and the Respondents will be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing, unaffected by the Settlement Agreement or any of the settlement negotiations;
ii. The terms of this agreement will not be referred to in any subsequent proceeding or disclosed to any person, except with the written consent of both Staff and the Respondents or as may be required by law; and
iii. The Respondents further agree that they will not raise, in any proceeding, the Settlement Agreement or the negotiation or process of approval thereof, as a basis for any attack on the jurisdiction of the Commission.
PROCEDURE FOR APPROVAL OF SETTLEMENT. 10.1 No later than ten (10) days after execution of this Agreement, Class Counsel shall file a motion with the Court seeking immediate entry of the Preliminary Approval Order and, after Notice is given to the Settlement Class, a hearing will be held by the Court pursuant to Rule 23 of the Federal Rules of Civil Procedure on the fairness of the Settlement to the Class (“Settlement Fairness Hearing”) and entry of the Order and Final Judgment approving the settlement.
10.2 The Preliminary Approval Order proposed by the parties and submitted with Class Counsel’s motion for approval of the settlement shall:
a. Give preliminary approval to this Agreement;
b. Certify the Settlement Class for settlement purposes pursuant to Rule 23(a) and b(1) and b(2) of the Federal Rules of Civil Procedure;
c. Approve the form of the Individual Notice and direct the Administrators to mail the Notice to each potential member of the Settlement Class, and publish within sixty (60) days of the entry of the Preliminary Approval Order the Publication Notice in the Cincinnati Enquirer and the Cincinnati Post or another publication mutually agreed upon by Class Counsel and Defendants’ Counsel;
d. Set a briefing schedule and a date and time for the Settlement Fairness Hearing to determine whether the Agreement is fair, reasonable, and adequate to the members of the Settlement Class, to determine Plaintiffs’ Counsel’s Attorneys’ Fees and Expenses, and to consider whether the Court should enter an Order and Final Judgment;
e. Set a deadline by which all objections to the Settlement must be made;
f. Stay all other proceedings in the Action until further order of the Court and enjoin the filing or prosecution by any Class members of any actions based on or in any way related to the Released Claims until the Settlement Fairness Hearing and the rulings on the proposed Agreement; and
g. Determine pursuant to Rule 23(c)(2) of the Federal Rules of Civil Procedure that the Notices constitute the best notice practicable under the circumstances and due and sufficient notice of the hearing and the rights of the members of the Settlement Class as to all Persons entitled to those Notices.
10.3 No later than five (5) business days after an Order of Preliminary Approval of the Settlement, the Plaintiffs shall submit the Agreement and accompanying Exhibits to the U.S. Department of Labor (“DOL”) with a notice of the date and time of the Settlement Fairness Hearing.
10.4 The named fiduciaries of the respec...
PROCEDURE FOR APPROVAL OF SETTLEMENT. 29. The parties will seek approval of this Settlement Agreement at the Settlement Hearing before the Commission, which will be held on a date to be determined by the Secretary to the Commission in accordance with this Settlement Agreement and the Commission’s Rules of Procedure, (2017) 40 O.S.C.B. 8988.
30. The Respondent agrees to attend in person or by video or telephone at the Settlement Hearing.
31. The parties confirm that this Settlement Agreement sets forth all of the agreed facts that will be submitted at the Settlement Hearing, unless the parties agree that additional facts should be submitted at the Settlement Hearing. If the Commission approves this Settlement Agreement:
(a) the Respondent waives all rights to a full hearing, judicial review or appeal of this matter under the Act; and
(b) neither party will make any public statement that is inconsistent with this Settlement Agreement or with any additional facts submitted at the Settlement Hearing,
32. Whether or not the Commission approves this Settlement Agreement, the Respondent will not use, in any proceeding, this Settlement Agreement or the negotiation or process of approval of this Settlement Agreement as the basis for any attack on the Commission’s jurisdiction, alleged bias, alleged unfairness, or any other remedies or challenges that may be available.
PROCEDURE FOR APPROVAL OF SETTLEMENT. 80. The parties will seek approval of this Settlement Agreement at the Settlement Hearing before the Commission, which shall be held on a date determined by the Secretary to the Commission in accordance with this Settlement Agreement and the Commission’s Rules of Procedure (2019), 42 O.S.C.B. 9714.
81. The parties confirm that this Settlement Agreement sets forth all of the agreed facts that will be submitted at the Settlement Hearing, unless the parties agree that additional facts should be submitted at the Settlement Hearing.
82. If the Commission approves this Settlement Agreement:
(a) the Respondents irrevocably waive all rights to a full hearing, judicial review or appeal of this matter under the Act; and
(b) neither Staff nor the Respondents will make any public statement that is inconsistent with this Settlement Agreement or with any additional agreed facts submitted at the Settlement Hearing.
83. Whether or not the Commission approves this Settlement Agreement, the Respondents will not use, in any proceeding, this Settlement Agreement or the negotiation or process of approval of this Settlement Agreement as the basis for any attack on the Commission’s jurisdiction, alleged bias, alleged unfairness or any other remedies or challenges that may be available.
PROCEDURE FOR APPROVAL OF SETTLEMENT. 39. Approval of this settlement will be sought at a public hearing before the Commission scheduled for a date to be agreed to by Staff and XxXxxxxxxx, in accordance with the procedures set out in this settlement agreement and the Commission’s Rules of Practice.
