Final Settlement Approval. 4.1 No later than ten (10) business days before the Fairness Hearing, Class Counsel shall submit to the Court a motion for entry of the Final Order (Exhibit 5) in the form approved by Class Counsel and Defense Counsel, which shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Order in accordance with this Settlement Agreement. The Final Order as proposed by the Settling Parties shall provide for the following, among other things, as is necessary to carry out the Settlement consistent with applicable law and governing Plan documents:
Final Settlement Approval. 3.1. No later than forty-five (45) calendar days before the Fairness Hearing, Class Counsel shall submit to the Court a motion for entry of the Final Approval Order (Exhibit D) in the form approved by Class Counsel and Defense Counsel, which shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Approval Order in accordance with this Settlement Agreement. The Final Approval Order as proposed by the Settling Parties shall provide for the following, among other things, as is necessary to carry out the Settlement consistent with applicable law and governing Plan documents: Approval of the Settlement of the Released Claims covered by this Settlement Agreement adjudging the terms of the Settlement Agreement to be fair, reasonable, and adequate to the Plan and the Class Members and directing the Settling Parties to take the necessary steps to effectuate the terms of the Settlement Agreement;
Final Settlement Approval. 4.1. No later than forty-five (45) calendar days prior to the Fairness Hearing, Class Counsel shall file with the Court the motion for final approval of the terms of this Settlement Agreement and entry of the Final Approval Order substantially in the form of the Proposed Final Approval Order (Exhibit B).
Final Settlement Approval. This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order that finally certifies the Settlement Class for the purposes of this Settlement, grants final approval of this Agreement and the Settlement, and provides the relief specified herein, which relief shall be subject to the terms and conditions of this Agreement and the Parties’ performance of their continuing rights and obligations hereunder. Court approval of the Attorneys’ Fees and Costs Award will not be a condition of the Settlement. If the Court denies, in whole or part, Class Counsel’s Application for an Attorneys’ Fees and Costs Award, the remainder of the terms of this Agreement shall remain in effect.
Final Settlement Approval. 25. This Settlement Agreement shall become final upon the occurrence of all of the following three events:
Final Settlement Approval. A hearing shall be held for the purpose of obtaining the Final Approval Order and entry of Judgment approving this Settlement Agreement and releasing the claims of the Participating Class Members. The date of the hearing shall be set by the Court and notice of such shall be provided to Class Members in the Class Notice, although such hearing may be continued by the Court without further notice to Class Members. On the date set forth for the final approval hearing in the Preliminary Approval Order, which shall be approximately seventy-five (75) calendar days, subject to the Court’s calendar, after the Response Deadline, a final approval hearing shall be held before the Court in order to consider and determine whether (i) the Court should give final approval to this Settlement; (ii) Plaintiff’s application for an enhancement payment should be granted; (iii) Class Counsel’s application for attorneys’ fees and litigation costs should be granted; (iv) the Settlement Administrator’s costs are appropriate; and (v) any timely objections made have any merit and to consider all responses by Class Counsel and Defense Counsel. Upon final approval of the Settlement by the Court, the Parties request that the Court enter a Final Approval Order and Judgment as follows:
Final Settlement Approval. The Court hereby finally approves the Settlement Agreement, 19 the exhibits, and the Settlement contemplated thereby (“Settlement”), and finds that the terms constitute, in 20 all respects, a fair, reasonable, and adequate settlement as to all Settlement Class Members in accordance 21 with Rule 23 of the Federal Rules of Civil Procedure, and directs its consummation pursuant to its terms 22 and conditions.
Final Settlement Approval. 3.1. No later than forty-five (45) calendar days before the Fairness Hearing, Class Counsel shall submit to the Court a motion for entry of the Final Order (Exhibit D) in the form approved by Class Counsel and Defense Counsel, which shall request approval by the Court of the terms of this Settlement Agreement and entry of the Final Order in accordance with this Settlement Agreement. The Final Order as proposed by the Settling Parties shall provide for the following, among other things, as is necessary to carry out the Settlement consistent with applicable law and governing Plan documents: Approval of the Settlement of the Released Claims covered by this Settlement Agreement adjudging the terms of the Settlement Agreement to be fair, reasonable, and adequate to the Plan and the Class Members and directing the Settling Parties to take the necessary steps to effectuate the terms of the Settlement Agreement;
Final Settlement Approval. The terms and provisions of the Agreement, including 6 any and all amendments and exhibits, have been entered into in good faith and are hereby fully 7 and finally approved as fair, reasonable, and adequate as to, and in the best interests of, each of 8 the Parties and the Class Members, and in full compliance with all applicable requirements of the 9 Rules of this Court, the United States Constitution (including the Due Process Clause), and any 10 other applicable law. 11 The Court finds that the Agreement is fair, adequate, and reasonable based on the 12 following factors, among other things:
Final Settlement Approval. Pursuant to Fed. R. Civ. P. 23(e), the Court hereby 12 approves the Settlement and the terms therein as a fair, reasonable, and adequate settlement and 13 compromise of the claims asserted in the Class Action. The Court finds that the Settlement is 14 fair, reasonable, and adequate to the Plan and Class Members based on the following findings of 15 fact, conclusions of law, and determinations of mixed fact/law questions:
