Common use of Entry of Preliminary Approval Order Clause in Contracts

Entry of Preliminary Approval Order. The Parties will request that the Court enter a Preliminary Approval Order in a form substantially similar to Exhibit D to this Settlement Agreement, which shall, among other things: (a) Certify for purposes of settlement a Settlement Class, approving Plaintiff as class representative and appointing Class Counsel; (b) Preliminarily approve the Settlement as fair, reasonable and adequate; (c) Order the issuance of Class Notice to the Settlement Class, and determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution; (d) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (e) Require Settlement Class Members who wish to be excluded to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class; (f) Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (g) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement Agreement; and (h) Issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court shall enter a Preliminary Approval Order in a substantially the form substantially similar to of that attached Exhibit D to this Settlement Agreement2 hereto, which shall, shall among other things, preliminarily: (a) a. Certify the proposed Class under Rule 23 of the Federal Rules of Civil Procedure for settlement purposes of settlement a Settlement Class, approving Plaintiff as class representative and appointing Class Counselonly; (b) Preliminarily approve the Settlement b. Approve this Agreement as fair, reasonable and adequate; (c) Order the issuance of Class Notice to the Settlement Class, and determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause adequate under Rule 23 of the United States Constitution; (d) Schedule a date and time for a Final Approval Hearing Federal Rules of Civil Procedure subject to determine whether the Preliminary Approval Order should be finally approved final determination by the Court; c. Approve the appointment of the Class Representatives as representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve and authorize dissemination of a form of Mail Notice substantially in the form of Exhibit 1-A to be sent by the Settlement Administrator to the individuals on the Notice List by first class mail forty-five (e45) Require days after SC provides it with the Notice List; e. Approve a form of Notice substantially in the form of Exhibit 1-B to be posted by the Settlement Administrator to the Settlement Website forty-five (45) days after SC provides it with the Notice List; f. Schedule a Final Approval Hearing; g. Establish a procedure for Settlement Class Members who wish to exclude themselves and set a date, no earlier than sixty (60) days after the Settlement Administrator sends Mail Notice after which no Settlement Class Member shall be excluded allowed to submit an appropriate opt out of the Settlement and timely written request shall be bound to the terms of the Settlement; h. Establish a procedure for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 Settlement Class Members to appear and/or object to the Settlement and set a date, no earlier than sixty (60) days after the Settlement Administrator sends Mail Notice, after which no Settlement Class Member shall be allowed to object; i. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance; j. Stay all proceedings in the Action against Defendant, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; k. Pending entry of a Final Approval Order and Judgment, and upon expiration of the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those preliminarily enjoin each Settlement Class Members who remain Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Settlement ClassRelease in this Agreement in any court or arbitration forum; (f) Require Settlement Class Members who wish to object to l. Contain such other and further provisions consistent with the Settlement terms and provisions of this Agreement to submit an appropriate and timely written statement by as the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so;Court may deem advisable; and (g) m. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement Agreement; and (h) Issue related orders to effectuate the preliminary approval terms of the Settlement this Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court shall enter a Preliminary Approval Order in a form substantially similar to in form and content as Exhibit D to this Settlement AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement a the Tennessee Settlement Class and Mississippi Settlement Class, approving Plaintiff Representative Plaintiffs as class representative representatives of the Settlement Class, and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23; (b) b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of Rust Consulting as the Administrator; (c) c. Order the issuance of Class Notice to the Settlement ClassClass Members pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (d) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (e) e. Require persons within the Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed opt out deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class; (f) f. Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and a timely written statement objection by the Objection Deadline, as directed an objection deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting to the Settlement; g. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; h. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information required to access the telephone or video hearing; i. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; j. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement Class, from (gi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; k. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement as set forth in this Agreement; and (h) Issue l. Such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will Class Counsel shall request that the Court to enter a Preliminary Approval Order in a form substantially similar to form as Exhibit D to this Settlement AgreementB, which shall, among other things, comply with the requirements set forth in paragraph 3.c.iii, and: (a) i. Certify for purposes of settlement a only the Settlement Class, approving Plaintiff Xxxxxxx Xxxxx as class representative representative, and appointing Class CounselCounsel as counsel for the Settlement Class pursuant to Florida Rule of Civil Procedure 1.220; (b) ii. Preliminarily approve the Settlement Agreement and settlement as fair, reasonable reasonable, and adequateadequate such that a presumption of fairness is appropriate; (c) iii. Order the issuance of Class Notice to the Settlement Classputative Class Members, and determine that such Class Notice complies with all legal requirements, including, but not limited to, to Rule 1.220 and the Due Process Clause of the United States Constitution; (d) iv. Schedule a date and time for a Final Approval Hearing after the Order preliminarily approving the Settlement Agreement to determine whether the Preliminary Approval Order Agreement and settlement should be finally approved by the Court; (e) v. Require Settlement putative Class Members who wish to be excluded exclude themselves from the Settlement to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure putative Class Members who fail to do so shall bind those Settlement remain Class Members who remain and be bound by the Agreement, the settlement described herein, the Class Release set forth in paragraph 11.a, and all orders of the Settlement Class;Court relating thereto. (f) vi. Require Settlement putative Class Members who wish to object to the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting to the Settlement; vii. Preliminarily bar and enjoin each and every Class Member (gexcluding those Class Members who submit a timely and valid request to opt-out) from bringing or joining in any action against the Defendant asserting a Released Claim; viii. Require attorneys representing any Class Member, at the Class Member’s expense, to file a notice of appearance; ix. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement Agreement; and (h) x. Issue related orders to effectuate the preliminary approval of the Settlement AgreementAgreement and the settlement described herein.

Entry of Preliminary Approval Order. The Parties Court will request that the Court be requested to enter a Preliminary Approval Order adopting the terms and conditions set forth in a form substantially similar to Exhibit D to this Settlement Agreement1, which shall, among other things: (a) Certify for purposes of settlement a Settlement Class, approving Plaintiff as class representative and appointing Class Counsel; (b) a. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Administrator; (c) b. Preliminarily certify the litigation Class previously certified herein for settlement purposes, as defined herein, and designate the Plaintiff and the Additional Class Representatives as the representatives of the Settlement Class, and designate the Class Counsel as counsel for the Settlement Class; c. Vacate any further scheduled dates and stay consideration of all other motions and deadlines pending in the Action; d. Order the issuance of Class Notice to the Settlement ClassClass Members pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (d) e. Appoint JND Legal Administration as the Administrator; f. Find that all notices concerning the Settlement required by the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1715, et seq., have been sent and that Defendant will fully comply or has fully complied with the notice requirements under that Act; g. Schedule a date and time for a Final Approval Hearing to determine whether be held no sooner than one hundred and twenty (120) days after the entry of the Preliminary Approval Order to determine whether the Settlement should be finally approved by the Court; (e) h. Require Settlement persons within the Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed opt out deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class; (f) i. Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and a timely written statement objection by the Objection Deadline, as directed an objection deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting to the Settlement; j. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; k. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information required to access the telephone or video hearing; l. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; m. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement, from (gi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to organize an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; n. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement as set forth in this Agreement; and (h) Issue o. Enforce such additional provisions as provided in Exhibit 1 as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that Promptly upon execution of the Court enter a Preliminary Approval Order in a form substantially similar to Exhibit D to this Settlement Agreement, which shall, among other things:the Parties shall apply to the Court for entry of an Order Preliminarily Approving Settlement and Providing for Notice substantially in the form attached as Exhibit B hereto (the “Preliminary Approval Order”): (a) Certify for purposes 1. Provisionally approving the terms of settlement a the Settlement Class, approving Plaintiff as class representative and appointing Class CounselAgreement; (b) Preliminarily approve 2. Approving all forms of notice of the Settlement as fair, reasonable and adequateordering that notice be given substantially in the manner set forth in Section II(C) herein; (c) Order 3. Finding that the issuance requirements for provisional certification of the Settlement Class Notice to have been satisfied, appointing Plaintiff and Lead Class Counsel as representatives of the Settlement Class, and determine as well as preliminarily approving the Settlement as being within the range of reasonableness such that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause notice thereof should be given to members of the United States ConstitutionSettlement Class; 4. Approving the form of judgment substantially in the form of Exhibit C hereto (d) Schedule a date the “Judgment”); 5. Providing that all members of the Settlement Class who do not, in accordance with the terms of the Long Form Notice, file valid and time timely requests for a Final Approval Hearing exclusion from the Settlement Class be bound by the Judgment dismissing the Action on the merits and with prejudice; 6. Finding that the form and method of notice to determine whether be given in accordance with the terms of the Preliminary Approval Order constitutes the best notice practicable under the circumstances and constitutes valid, due, and sufficient notice to all members of the Settlement Class, complying fully with the requirements of the Federal Rules of Civil Procedure, the Constitution of the United States, and any other applicable law; 7. Scheduling a hearing or hearings (collectively, the “Settlement Hearing”) to be held by the Court to consider and determine whether (1) the requirements for certification of the Settlement Class have been met; (2) whether the proposed settlement of the Action is in accordance with the terms set forth in the Settlement Agreement, including whether as part of the Settlement the payment of certain Lead Class Counsel’s attorneys’ fees and reimbursement of expenses, should be finally approved as fair, reasonable, and adequate; and (3) whether the Judgment approving the Settlement and dismissing the Action on the merits and with prejudice against Plaintiff and Settlement Class Members should be entered; 8. Providing that the Settlement Hearing may, from time to time and without further notice to the Settlement Class (except those Settlement Class Members who file timely and valid objections), be continued or adjourned by order of the Court;‌ 9. Providing a procedure for members of the Settlement Class to request exclusion from the Settlement Class and for filing papers in support of the Settlement with the Court; (e) Require 10. Providing that any objections by any Settlement Class Members who wish to be excluded to submit an appropriate Member to: (i) the certification of the Settlement Class and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed proposed settlement contained in the Settlement Agreement and Class described in the Long Form Notice, including the provision for payment of attorneys’ fees and advise that reimbursement of expenses, and/or (ii) entry of the Judgment, shall be heard and any papers submitted in support of said objections shall be considered by the Court at the Settlement Hearing only if, on or before a failure date (or dates) to do so shall bind those Settlement Class Members who remain be specified in the Settlement Class; (f) Require Settlement Preliminary Approval Order, such objector serves a written objection on Lead Class Members who wish to object to Counsel by mail or email so that it is received by Lead Class Counsel no later than the Settlement Agreement to submit an appropriate and timely written statement date set by the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (g) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement AgreementCourt; and (h) Issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court enter a Preliminary Approval Order in a form substantially similar to Exhibit D E to this Settlement Agreement, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff as class representative and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure; (b) Preliminarily approve the Settlement as fair, reasonable and adequate; (c) Order the issuance of Class Notice to the Settlement Class, and determine that such Class Notice complies with all legal requirements, including, but not limited to, the Due Process Clause of the United States Constitution; (d) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (e) Require Settlement Class Members who wish to be excluded to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class; (f) Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (g) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement Agreement; and (h) Issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court shall enter a Preliminary Approval Order in a form substantially similar to in form and content as Exhibit D to this Settlement AgreementA, which shall, among other things: (a) a. Certify the Settlement Class for purposes of settlement a settlement, approve the Representative Plaintiffs as the class representative of the Settlement Class, approving Plaintiff as class representative and appointing appoint Class Counsel, pursuant to Illinois Statute 735 ILCS 5/2-801 et seq.; (b) b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Administrator; (c) c. Order the issuance of Class Notice to the Settlement ClassClass Members pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including, but not limited to, Illinois Statute 735 ILCS 5/2-801 et seq. and the Due Process Clause of the United States Constitution; (d) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (e) e. Require persons within the Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed opt out deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class; (f) f. Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and a timely written statement objection by the Objection Deadline, as directed an objection deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting to the Settlement; g. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; h. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information necessary to access the telephone or video hearing; i. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; j. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement Class, from (gi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; k. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement as set forth in this Agreement; and (h) Issue l. Such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court shall enter a Preliminary Approval Order in a substantially the form substantially similar to of that attached as Exhibit D to this Settlement Agreement2 hereto, which shall, shall among other things: a. Preliminarily certify the proposed Class under Rule 23(a) and (ab)(3) Certify of the Federal Rules of Civil Procedure for settlement purposes of settlement a Settlement Class, approving Plaintiff as class representative and appointing Class Counselonly; (b) b. Preliminarily approve the Settlement this Agreement as fair, reasonable reasonable, and adequateadequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the Court; (c) Order c. Approve the issuance appointment of the Class Representatives as representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve a form of Class Notice substantially in the form of Exhibit 1 to be sent to the Settlement Classindividuals on the Notice List; e. Set deadlines consistent with this Agreement for mailing of the Class Notice, the filing of opt-outs and objections, and determine that such filing of motions, and the filing of papers in connection with the Final Approval Hearing; f. Direct the Settlement Administrator, following entry by the Court of the Preliminary Approval Order, to mail the Class Notice complies with all legal requirements, including, but not limited to, to each individual on the Due Process Clause of the United States ConstitutionNotice List by first-class mail; (d) Schedule g. Set a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Courton final approval of this Settlement; (e) Require h. Establish a procedure for Class Members to exclude themselves and set a date, at least thirty days before the Final Approval Hearing, after which no Class Member shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; i. Establish a procedure for Settlement Class Members who wish to appear and/or object to the Settlement and set a date, at least thirty days before the Final Approval Hearing, after which no Settlement Class Member shall be excluded allowed to submit an appropriate object; j. Require any attorneys representing objecting Settlement Class Members, at the objecting Settlement Class Member’s expense, to file a notice of appearance; k. Stay all proceedings in the Action against the Defendant, other than proceedings as may be necessary to carry out the terms and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those prohibit each Settlement Class Members who remain Member, Class Counsel and other counsel from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Settlement ClassRelease in this Agreement in any court or arbitration forum; (f) Require Settlement Class Members who wish to object to m. Contain such other and further provisions consistent with the Settlement terms and provisions of this Agreement to submit an appropriate and timely written statement by as the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so;Court may deem advisable; and (g) n. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement Agreement; and (h) Issue related orders to effectuate the preliminary approval terms of the Settlement this Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court shall enter a Preliminary Approval Order in a form substantially similar to in form and content as Exhibit D to this Settlement AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement a the Tennessee Settlement Class and Mississippi Settlement Class, approving Plaintiff Representative Plaintiffs as class representative representatives of the Settlement Class, and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23; (b) b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Administrator; (c) c. Order the issuance of Class Notice to the Settlement ClassClass Members pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (d) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (e) e. Require persons within the Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed opt out deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class; (f) f. Require Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and a timely written statement objection by the Objection Deadline, as directed an objection deadline in the Settlement Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting to the Settlement; g. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; h. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information required to access the telephone or video hearing; i. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; j. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement Class, from (gi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; k. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement as set forth in this Agreement; and (h) Issue l. Such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court shall enter a Preliminary Approval Order in a form substantially similar in form and content to Exhibit D to this Settlement AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement a the RoundPoint Settlement Class, approving the Settling Plaintiff as class representative of the RoundPoint Settlement Class, and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23; (b) b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Settlement Administrator; (c) c. Order the issuance of Class Notice to the Settlement ClassNoticed Class Members, and determine that such Class Notice is the best notice practicable under the circumstances and complies with all legal requirements, including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (d) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (e) e. Require Settlement Noticed Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request Request for exclusion Exclusion by FILED DATE: 4/1/2024 9:36 PM 2024CH00435 the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Noticed Class Members who remain in the RoundPoint Settlement ClassClass to the terms of the Settlement; (f) f. Require RoundPoint Settlement Class Members who wish to object to the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting; g. Require attorneys representing any RoundPoint Settlement Class Member who objects to the Settlement to file a notice of appearance, at the objecting RoundPoint Settlement Class Member’s expense; h. Order the issuance of a Claim Form and Claim Form Instructions to Noticed Class Members and set the Claim Deadline; i. Preliminarily enjoin all Noticed Class Members, unless and until they have timely and properly excluded themselves from the RoundPoint Settlement Class, from (gi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Noticed Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; j. Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement as set forth in this Agreement; and (h) Issue k. Include such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of the Settlement Agreement.