Second Motion definition

Second Motion means the motions brought in the Court for an order: (i) approving the Settlement; (ii) appointing the Administrator and the Referee; (iii) approving the Second Notice; (iv) approving the Plan of Allocation; (v) approving the Claim Form; (vi) setting the Claims Bar Deadline; (vii) dismissing the Action without costs and with prejudice; and (viii) approving Class Counsel Fees.
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Second Motion means the motions brought in the Court for an order:
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Second Motion means the motions brought in the Courts for orders: (a) granting certification (or authorization, as the case may be) for settlement purposes only; (b) granting leave to commence a claim under s. 138.3 of the Securities Act (Ontario) and equivalent provisions of Securities Acts of other Provinces; (c) approving the Settlement; (d) appointing the Administrator and the Referee; (e) approving the Second Notice; (f) approving the Plan of Notice; (g) approving the Plan of Allocation; (h) approving the Claim Form; (i) approving the Opt-Out Form; (j) approving the levy payable to the Class Proceedings Fund; (k) approving the amount payable to the Fonds d’aide aux recours collectifs; (l) dismissing the Actions and the Shaikh action; and (m) approving Class Counsel Fees.
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Examples of Second Motion in a sentence

  • Docket No. CP2012-38, Order No. 2685, Order Granting Second Motion for Temporary Relief, August 26, 2015, at 2 (urging the Postal Service to use contract extensions only in limited circumstances and not as a standard practice).

  • After briefing was completed, the parties also filedrequests to supplement the record: Defendant’s Motion for Leave to CiteSupplemental Authority in Support of Its Motion to Dismiss [Docket No. 49]; Defendant’s Second Motion for Leave to Cite Supplemental Authority in Support of Its Motion to Dismiss [Docket No. 55]; and Plaintiffs Heidi Picht and Jonathan Bowers’ Motion for Leave to Cite Supplemental Authority in Opposition to Defendant’s Motion to Dismiss [Docket No. 57].

  • In the Second Motion Patent Owner moves for the exclusion of these Declarations.

  • Leadiant and Alfasigma have also each asserted a related claim for tortious interference with prospective economic advantage.In ruling on the Second Motion for a Preliminary Injunction, the Court previously found that VSL and Leadiant's predecessor were likely to succeed on their false advertising claims.

  • The Parties agree to hold in abeyance all steps in the Actions, including all discovery, other than proceedings provided for in the Agreement, the First Motion, the Second Motion and such other proceedings required to implement the terms of the Agreement, until the date the Settlement becomes final or the termination of the Agreement.

  • On January 8, 2010, Defendant filed a Second Motion for Judgment on the Pleadings, which the Court is treating as a Motion for Summary Judgment.

  • First Motion: Matt Farmer, Village of Northbrook, Second Motion: Matt Ueltzen, LCFPD.

  • Prosecutor, Case No. IT-98-32/1- AR11bis.1, Order on Second Motion to Disqualify President and Vice-President from Appointing Judges to Appeal Bench and to Disqualify President and Judge Meron from Sitting on Appeal, 11 May 2007, paras.

  • On October 4, 2016, the Debtor filed a Second Motion for Order Extending Exclusive Periods to File Plan of Reorganization and Obtain Acceptances thereto by 30 Days [Dkt.

  • CHD and CNBW’s Opposition to Hill III’s Second Motion to Recuse Judge Toliver, filed September 21, 2015 (Doc.


More Definitions of Second Motion

Second Motion means a motion brought by the Plaintiff in the Court for the Approval Order.
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Second Motion means the motion brought in the Court for an order:
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Second Motion means a motion brought by the Plaintiffs before each of the Courts for orders: (i) certifying the Ontario Action and BC Action and granting authorization of the Québec Action, as the case may be, as class proceedings as contemplated by section 8.1(a); (ii) approving the Settlement, the Opt-Out Deadline and the Claims Bar Deadline; (iii) appointing the Administrator; and (iv) approving Class Counsel Fees as contemplated by section 16.1 which shall generally be in accordance with the order set out in Schedule “B”.
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Related to Second Motion

  • DIP Motion means the motion and proposed form of Interim DIP Order filed by the Loan Parties with the Bankruptcy Court on the Petition Date or as soon as reasonably practicable thereafter seeking approval, on an interim and final basis, of (among other things) the DIP Facility, and authorization for the use of cash collateral (including such terms and conditions relating to adequate protection in connection therewith), in each case, in form and substance acceptable to the Agent and the Required Lenders.

  • Settlement Agreement means this agreement.

  • Sale Motion means the motion or motions of Sellers filed with the Bankruptcy Court seeking approval and entry of the Sale Order.

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • Interim Order means the interim order of the Court, as the same may be amended, in respect of the Arrangement;

  • Disclosure Statement Order means the order of the Bankruptcy Court approving the Disclosure Statement.

  • Final Approval Order and Judgment means an order and judgment that the Court enters after the Final Approval Hearing, which finally approves the Settlement Agreement, certifies the Settlement Class, dismisses the Action with prejudice, and otherwise satisfies the settlement-related provisions of Federal Rule of Civil Procedure 23, and is consistent with all material provisions of this Agreement, substantially in the form annexed hereto as Exhibit 5.

  • Stipulation means this Stipulation and Agreement of Settlement.

  • U.S. Bankruptcy Court means the United States Bankruptcy Court for the Southern District of New York.

  • Consortium Agreement means this consortium agreement as well as the pre-amble and all annexes hereto;

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.

  • Approval Letter means the letter from WRAS to the Applicant confirming the grant of WRAS Approval in respect of a Product;

  • Competent and reliable scientific evidence means tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

  • Chapter 11 Plan means a plan of reorganization or liquidation filed in any of the Chapter 11 Cases under Section 1121 of the Bankruptcy Code.

  • Approval Order means (i) an order in the form attached hereto as Exhibit 2; or (ii) in the event of a timely objection to the motion to approve the Agreement that if sustained would reduce the full Settlement Amount available to pay Asbestos-Released Claims, an order in such form agreed to in writing by the Parties, entered by the Bankruptcy Court that (a) approves this Agreement, (b) authorizes the Parties to undertake the settlement and the sale of the Subject Policies as set forth in this Agreement, and (c) provides for the Injunction.

  • Court appointed special advocate means a volunteer guardian ad litem appointed by the court who is responsible for: researching the background of assigned child abuse, neglect and dependency cases; representing the child's best interests; speaking for the child in all hearings, reviews and other relevant case activities; monitoring the child during the life of the case; and advocating for a safe and permanent home for the child.

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

  • Bankruptcy Court has the meaning set forth in the Recitals.

  • Disclosure Statement means the written disclosure statement that relates to this Plan, as approved by the Bankruptcy Court pursuant to section 1125 of the Bankruptcy Code and Bankruptcy Rule 3017, as such disclosure statement may be amended, modified or supplemented from time to time.

  • Defendants’ Counsel means Xxxxxx X. Xxxxxxx and Xxxxxx X. Xxxxx of Xxxxxx Xxxxxx Xxxxxxxx LLP.

  • Debtor Release means the release given on behalf of the Debtors and their Estates to the Released Parties as set forth in Article VIII.D of the Plan.

  • General Release has the meaning stated in Section 6.03.

  • Motion means a formal proposition to be discussed and voted on during the course of a meeting.

  • Plaintiffs’ Counsel means Lead Counsel and all other legal counsel who, at the direction and under the supervision of Lead Counsel, performed services on behalf of the Settlement Class in the Action.

  • Sale Order means an order or orders of the Bankruptcy Court in form and substance reasonably acceptable to Buyer and Sellers approving this Agreement and all of the terms and conditions hereof, and approving and authorizing Sellers to consummate the transactions contemplated hereby.