Fairness Hearing. “Fairness Hearing” means the hearing before the Court relating to the Motion for Final Approval.
Fairness Hearing. Upon the execution hereof, Company and IBC agree, pursuant to Section 3(a)(10) of the Securities Act of 1933 (the “Act”), to immediately submit the terms and conditions of this Agreement to the Court for a hearing on the fairness of such terms and conditions, and the issuance exempt from registration of the Settlement Shares. This Agreement shall become binding upon the parties only upon entry of an order by the Court substantially in the form annexed hereto as Exhibit A (the “Order”).
Fairness Hearing. 30. The Parties shall jointly request that the District Court schedule and conduct a Fairness Hearing to address the fairness of this Agreement settling Plaintiffs’ claims against Defendants and to decide whether there shall be Final Approval of the settlement embodied in this Agreement. At the Fairness Hearing, the Parties shall jointly move for and recommend certification of the Class and Final Approval of this Agreement. The Fairness Hearing shall take place on a date in accordance with 28 U.S.C. § 1715.
Fairness Hearing. The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Fees, Costs, and Expenses Award to the attorneys who initiated the Action; and to consider the request for a Service Payment to the Plaintiff.
Fairness Hearing. On the date set forth in the Preliminary Approval Order, which shall be approximately one month after the deadline for submitting objections and Requests for Exclusion, a Fairness Hearing will be held at which the Court will consider: (1) whether to finally certify the Settlement Class; (2) whether to approve the Settlement Agreement as fair, reasonable, and adequate; (3) whether to approve the application for a Service Award for the Named Plaintiffs; and (4) whether to approve Class Counsel’s Fee and Expense Application.
Fairness Hearing. A hearing is scheduled for [at least 120 days after preliminary approval] to make a final determination, concerning among other things: • Any objections from Class Members to the Settlement or any aspects of it. • Whether the Settlement merits final approval as fair, reasonable, and adequate; • Whether the Action should be dismissed with prejudice pursuant to the terms of the Settlement; • Whether Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing the Settlement; • Whether the proposed Plan of Allocation should be granted final approval; and • Whether Class Counsel’s application(s) for Attorneys’ Fees and Costs and Case Contribution Awards to the Named Plaintiffs are fair and reasonable, and should be approved.
Fairness Hearing. Upon the execution hereof, Company and RCP agree, pursuant to Section 3(a)(10) of the Securities Act of 1933 (the “Act”), to immediately submit the terms and conditions of this Agreement to the Court for a hearing on the fairness of such terms and conditions, and the issuance exempt from registration of the Settlement Shares. This Agreement shall become binding upon the parties only upon entry of an order by the Court substantially in the form annexed hereto as Exhibit A (the “Order”).
Fairness Hearing. A hearing is scheduled at the United States District Court for the Southern District of Illinois, Judge Xxxxx X. Xxxxxxxxxxxx presiding, at on , 2016, (the “Fairness Hearing”) to determine, among other issues:
Fairness Hearing. (a) As promptly as practicable after the execution of this Agreement, ABD and GBB shall prepare, and GBB shall file with the Commissioner of Corporations, (i) the notice meeting the requirements of the California Code of Regulations, Title 10, Chapter 3, Subchapter 1, Article 2, as amended (the "Hearing Notice"), concerning the hearing to be held by the Commissioner of Corporations to consider the terms, conditions and fairness of the transactions contemplated hereby pursuant to Section 25142 of the CSL (the "Hearing"); (ii) the application for permit to be filed with the Commissioner of Corporations in connection with the Hearing (the "Permit Application"). As soon as permitted by the Commissioner of Corporations, ABD shall mail the Hearing Notice to all ABD Shareholders entitled to receive such notice. ABD and GBB will notify each other promptly of the receipt of any comments from the Commissioner of Corporations or its staff and of any request by the Commissioner of Corporations or its staff or any other government officials for amendments or supplements to any of the documents filed therewith or any other filing or for additional information and will supply each other with copies of all correspondence between such party or any of its representatives, on the one hand, and the Commissioner of Corporations, or its staff or any other government officials, on the other hand, with respect to the filing. Whenever any event occurs that is required to be set forth in an amendment or supplement to the proxy statement or any other filing, each party shall promptly inform the other of such occurrence and cooperate in filing with the Commissioner of Corporations or its staff or any other government officials, and/or mailing to the ABD Shareholders, such amendment or supplement. The proxy statement shall include the recommendation of the Board of Directors of ABD in favor of the Agreement and the Merger and the conclusion of the Board of Directors of ABD that the terms and conditions of the Merger are fair and reasonable to the ABD Shareholders. Anything to the contrary contained herein notwithstanding, ABD shall not include in the proxy statement any information with respect to GBB or its affiliates or associates, the form and content of which information shall not have been approved by GBB prior to such inclusion.
Fairness Hearing. On , at , this Court will hold a Fairness Hearing to determine whether the Agreement should be finally approved as fair, reasonable, and adequate. All papers supporting Plaintiffs’ request for attorneys’ fees and costs must be filed no later than fourteen (14) calendar days before the deadline for Class Members to object to the Settlement. All papers supporting final approval of the Agreement must be filed no later than seven (7) calendar days before the Fairness Hearing. Based on the date of this Order and the date of the Fairness Hearing, the following are the certain associated dates in this Settlement: Event Timing Date Last day for Defendants, through the Claims Administrator, to send Email Notice and Postcard Notice, start operating Settlement Website & begin to provide Store Notice 45 days after entry of this Order Last day for Plaintiffs to file fee petition 91 days after entry of this Order Last day for Class Members to file a claim, request exclusion or object to the Settlement 105 days after entry of this Order Last day for Parties to file briefs in support of the Final Order and Judgment 7 days before Fairness Hearing 5. [PROPOSED] ORDER RE PRELIMINARY APPROVAL OF SETTLEMENT & PROVISIONAL CLASS CERTIFICATION This Court may order the Fairness Hearing to be postponed, adjourned, or continued. If that occurs, the updated hearing date shall be posted on the Settlement Website but other than the website posting Guess will not be required to provide any additional notice to Class Members. 5 IT IS SO ORDERED. 6 Dated: 7 JUDGE OF THE SUPERIOR COURT 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
