Common use of Entry of Preliminary Approval Order Clause in Contracts

Entry of Preliminary Approval Order. The Court must enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this Agreement, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable and adequate; (b) Order the issuance of the Class Notice to Class Members, 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; (c) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (d) Require Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall bind those Class Members who remain in the Class. (e) Require Class Members who wish to object to this Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall prevent those Class Members from doing so; (f) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this Agreement; and (g) Issue related orders to effectuate the preliminary approval of this Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementD, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable reasonable, and adequate; (b) Order Direct the issuance of the Class Notice to Class Membersthe 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 including, but not limited to, the Due Process Clause of the United States Constitution; (cd) 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; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this 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.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementE, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiffs as class 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; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, 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; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this 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.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementD, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable reasonable, and adequate; (b) Order Direct the issuance of the Class Notice to Class Membersthe 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 including, but not limited to, the Due Process Clause of the United States Constitution; (cd) 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; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this 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.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Appears in 1 contract

Samples: 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 C to this 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; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, 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; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this 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.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementE, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable reasonable, and adequate; (b) Order Direct the issuance of the Class Notice to Class Membersthe 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 including, but not limited to, the Due Process Clause of the United States Constitution; (cd) 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; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this 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.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Appears in 1 contract

Samples: 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 C to this 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; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, 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; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in 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.; (ef) Require Settlement Class Members who wish to object to this Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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