After Preliminary Approval and subject to approval by the Court of the form of and means for dissemination of notice, individual notice of the Agreement (“Class Notice”) shall be mailed to persons and entities who are located in the United States and who purchased Shell Eggs or Egg Products directly from NFC, any Non- Settling Defendant(s) in the Action, or Other Settling Defendants during the Class Period that: are identified by NFC; were previously identified by NFC and Other Settling Defendants; and are identified by Plaintiffs and Plaintiffs’ Counsel or Non-Settling Defendants in the Action. In addition, after Preliminary Approval, and subject to Court approval of the form of and means for dissemination of notice, Class Notice shall also be published once in the Wall Street Journal and in such other trade journals targeted towards direct purchasers of Shell Eggs and Egg Products, if any, proposed by Class Counsel. Within twenty (20) calendar days after the Execution Date, NFC shall supply to Class Counsel at NFC’s expense and in such form as kept in the regular course of business (electronic format if available) such names and addresses of potential Class Members as it has. Plaintiffs shall use reasonable best efforts to, subject to approval by the Court, combine dissemination of notice of the certification of the Class for settlement purposes and of the Agreement with the dissemination of notice of other settlement agreements that may be reached with other Defendants in the Action near the time of the Execution Date of the Agreement.
After Preliminary Approval. Class Counsel shall move the Court for approval of a proposed form of, and means for, dissemination of notice of the Agreement, subject to agreement by Midwest Poultry on the proposed form and means of notice, which agreement shall not be unreasonably withheld. Subject to approval by the Court of the form of and means for dissemination of notice, individual notice of the Agreement (“Class Notice”) shall be mailed to persons and entities who are located in the United States and who purchased Shell Eggs or Egg Products directly from Midwest Poultry, any Non-Settling Defendant(s) in the Action, or Other Settling Defendants during the Class Period that: are identified by Midwest Poultry; were previously identified by Midwest Poultry and Other Settling Defendants; and are identified by Plaintiffs and Plaintiffs’ Counsel or Non-Settling Defendants in the Action. In addition, after Preliminary Approval, and subject to Court approval of the form of and means for dissemination of notice, Class Notice shall also be published once in the Wall Street Journal and in such other trade journals targeted towards direct purchasers of Shell Eggs and Egg Products, if any, proposed by Class Counsel. Within twenty (20) calendar days after the Execution Date, Midwest Poultry shall supply to Class Counsel at Midwest Poultry’s expense and in such form as kept in the regular course of business (electronic format if available) such names and addresses of potential Class Members as it has. If reasonably practicable and approved by the Court, Plaintiffs may combine dissemination of notice of the certification of the Class for settlement purposes and of the Agreement with the dissemination of notice of other settlement agreements that may be reached with other Defendants in the Action.
After Preliminary Approval. Within fourteen (14) days after preliminary approval of the Settlement Agreement, NutriBullet shall provide to the Court in camera the national sales figures for the Covered Products during the Class Period, including the number of units of Covered Products sold in the United States during the Class Period and the estimated number of units of Covered Products sold in the State of California.
