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 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 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 must enter a Preliminary Approval Order in a form substantially similar to Exhibit E C 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; (cb) Order the issuance of the Class Notice to the Settlement ClassClass Members, and determine that such Class Notice complies with all legal requirements, including, including but not limited to, the Due Process Clause of the United States Constitution; (dc) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (ed) Require Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in the Settlement this Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class;. (fe) Require Settlement Class Members who wish to object to the Settlement this Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the Settlement this Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (gf) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement the Settlement this Agreement; and (hg) Issue related orders to effectuate the preliminary approval 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 Exhibit E to this Settlement AgreementE, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff Plaintiffs as class representative representatives 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 exclude themselves to submit an appropriate and timely written request for exclusion by 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 E to this Settlement AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement a nationwide 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 Rule 23 of the Federal Rules of Civil ProcedureFed. 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 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 E to this Settlement AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement a nationwide the RoundPoint Settlement Class, approving the Settling Plaintiff as class representative of the RoundPoint Settlement Class, and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil ProcedureFed. 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 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.

Entry of Preliminary Approval Order. The Parties will request that the Court enter a Preliminary Approval Order in a form substantially similar to Exhibit E D 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 E to this Settlement AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement a nationwide 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 Rule 23 of the Federal Rules of Civil ProcedureFed. 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 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 to Exhibit E to this Settlement AgreementE, 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 reasonable, and adequate; (cb) Order Direct the issuance of Class Notice to the Settlement Class, upon a finding that giving notice is justified by the Parties’ showing that the Court will likely be able to: (i) approve the Settlement under Fed. R. Civ. P. 23(e)(2), and determine (ii) certify the Settlement Class for purposes of judgment on the proposal; (c) 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 Settlement should be finally approved by the Court; (e) Require Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by 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 Exhibit E to this Settlement AgreementD, 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 reasonable, and adequate; (cb) Order Direct the issuance of Class Notice to the Settlement Class, upon a finding that giving notice is justified by the Parties' showing that the Court will likely be able to: (i) approve the Settlement under Fed. R. Civ. P. 23(e)(2), and determine (ii) certify the Settlement Class for purposes of judgment on the proposal; (c) 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 Settlement should be finally approved by the Court; (e) Require Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by 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 E to this Settlement Agreement2 hereto, which shall, shall among other things, preliminarily: (a) a. Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff as class representative and appointing the proposed Class Counsel, pursuant to under Rule 23 of the Federal Rules of Civil ProcedureProcedure for settlement purposes only; (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 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 Exhibit E to this Settlement AgreementD, 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 reasonable, and adequate; (cb) Order Direct the issuance of Class Notice to the Settlement Class, upon a finding that giving notice is justified by the Parties’ showing that the Court will likely be able to: (i) approve the Settlement under Fed. R. Civ. P. 23(e)(2), and determine (ii) certify the Settlement Class for purposes of judgment on the proposal; (c) 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 Settlement should be finally approved by the Court; (e) Require Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and timely written request for exclusion by 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 the form substantially similar to attached hereto as Exhibit E to this Settlement AgreementF, which shall, among other things: (a) Certify Conditionally certify the Settlement Class for settlement purposes of settlement a nationwide Settlement Classonly, approving Plaintiff approve Plaintiffs as class representative representatives, and appointing appoint Class Counsel, 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 members of the Settlement Class Members who wish to be excluded exclude themselves to submit an appropriate and a timely written request for exclusion by the Opt-Out Deadline, as directed in the Settlement Agreement and Class Notice, and advise that a failure to do so opt out shall bind those members of the 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 soAgreement; (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 enter a Preliminary Approval Order in a form substantially similar to Exhibit E to this Settlement AgreementE, 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 exclude themselves to submit an appropriate and timely written request for exclusion by 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 enter a Preliminary Approval Order in a form substantially similar to Exhibit E to this Settlement AgreementE, 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 exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in the this 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 this Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in the this 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 this Settlement Agreement; and (h) Issue related orders to effectuate the preliminary approval of the this Settlement Agreement.