Common use of Entry of Preliminary Approval Order Clause in Contracts

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form as attached Exhibit 3 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23 of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the District Court; c. Approve the appointment of the Class Representative as representative of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve the Class Notice in the same or substantially the same form as Exhibits 1a and 1b; e. Direct the Settlement Administrator, promptly after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Mail Notice to each individual on the Notice List by first-class mail; f. Establish a procedure for Members of the Class to exclude themselves and set a date after which no Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; g. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date after which no Settlement Class Member shall be allowed to object; h. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance; i. 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;

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form as of that attached Exhibit 3 2 hereto, which shall among other things, preliminarily: a. Preliminarily certify Certify the proposed Class under Rule 23 of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve Approve this Agreement as fair, reasonable, reasonable and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the District Court; c. Approve the appointment of the Class Representative Representatives as representative representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve the Class a form of Mail Notice substantially in the same or substantially form of Exhibit 1-A to be sent by the same form as Exhibits 1a and 1bSettlement Administrator to the individuals on the Notice List thirty (30) days after XXXX provides it with the Notice List; e. Approve a form of Email Notice substantially in the form of Exhibit 1-C to be sent by the Settlement Administrator to the individuals on the Notice List thirty (30) days after XXXX provides it with the Notice List; f. Approve a form of Notice substantially in the form of Exhibit 1-B to be posted by the Settlement Administrator to the Settlement Website thirty (30) days after XXXX provides it with the Notice List; g. Direct the Settlement Administrator, promptly after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Mail Notice to each individual on the Notice List by first-first- class mail; f. Establish a procedure for Members of mail thirty (30) days after it receives the Class to exclude themselves and set a date after which no Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; g. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date after which no Settlement Class Member shall be allowed to objectNotice List from BANA; h. Require any attorneys representing Settlement Class Members, at Direct the Settlement Class Member’s expenseAdministrator, after entry by the Court of the Preliminary Approval Order, to file a notice of appearance; i. Stay all proceedings in email the Action against Defendant, other than proceedings as may be necessary Email Notice to carry out each individual on the terms and conditions of the Agreement;Notice List thirty

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form as attached Exhibit 3 5 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23 23(a) and (b)(3) of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, reasonable and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the District Court; c. Approve the appointment of the Class Representative Representatives as representative representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve the Class a form of Notice in the same or substantially the same form as Exhibits 1a Exhibit 1, Exhibit 2, and 1bExhibit 3 hereto to be provided to the individuals on the Notice List; e. Direct the Settlement Administrator, promptly within thirty (30) days after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Mail Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto to each individual on the Notice List by first-class mailmail and email where available and send the Text Message in the same or substantially same form as Exhibit 3 where available; f. Direct the Settlement Administrator, within thirty (30) days after entry by the Court of the Preliminary Approval Order, to establish the Settlement Website, which shall contain copies of the Agreement and Exhibits, including the Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto; g. Schedule a Final Approval Hearing on final approval of this Settlement at least one hundred forty (140) days after entry of the Preliminary Approval Order; h. Establish a procedure for Class Members of the Class to exclude themselves and set a date an Opt-Out Deadline, no later than sixty-five (65) days before the Final Approval Hearing, after which no Class Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; g. i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date an Objection Deadline, no later than sixty-five (65) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; h. j. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance; i. k. Stay all proceedings in the Action against DefendantSoFi, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, bar each Settlement Class Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form as Exhibit 5 attached Exhibit 3 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23 23(a) and (b)(3) of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, reasonable and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the District Court; c. Approve the appointment of the Class Representative Representatives as representative representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve the Class a form of Notice in the same or substantially the same form as Exhibits 1a Exhibit 1, Exhibit 2, and 1bExhibit 3 hereto to be provided to the individuals on the Notice List; e. Direct the Settlement Administrator, promptly within thirty (30) days after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail disseminate the Mail Notice in the same or substantially the same form as Exhibit 1 and Exhibit 3 hereto to each individual on the Notice List by first-class email and text message (and, where either an email address or phone number are unavailable, by mail). The Notice will include, as an attachment or link, the Claim Form in the form of Exhibit 3 to this agreement. f. Direct the Settlement Administrator, within ten (10) days after entry by the Court of the Preliminary Approval Order, to establish the Settlement Website, which shall contain copies of the Agreement and Exhibits, including the Notice in the same or substantially the same form as Exhibit 1 and Exhibit 3 hereto; f. g. Direct Class Counsel to file their motion for attorneys’ fees and costs. h. Schedule a Final Approval Hearing on final approval of this Settlement, including a hearing on the request for attorneys’ fees and costs, at least one hundred and forty (140) days after entry of the Preliminary Approval Order; i. Establish a procedure for Class Members of the Class to exclude themselves and set a date an Opt-Out Deadline, no later than fifty (50) days before the Final Approval Hearing, after which no Class Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; g. j. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date an Objection Deadline, no later than fifty (50) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; h. k. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance; i. l. Stay all proceedings in the Action against DefendantDiscover, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; m. Pending Final Approval, and upon expiration of the Opt-Out Deadline, bar each Settlement Class Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; n. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and o. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form of that attached as attached Exhibit 3 2 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23 52.08 of the Federal Missouri Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, reasonable and adequate under Rule 23 52.08 of the Federal Missouri Rules of Civil Procedure subject to final determination by the District Court; c. Approve the appointment of the Class Representative as representative 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 Mail Notice substantially in the form of Exhibit 1-A to be mailed to the individuals on the Notice List and Class Notice substantially in the same or substantially form of Exhibit 1-B to be posted on the same form as Exhibits 1a and 1bSettlement Website; e. Direct the Settlement Administrator, promptly after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Mail Notice to each individual on the Notice List by first-first- class mail; f. Schedule a Final Approval Hearing for final approval of this settlement; g. Establish a procedure for Members of the Class to exclude themselves and set a date date, at least sixty (60) days before the Final Approval Hearing, after which no Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; g. h. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date date, at least sixty (60) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; h. i. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance; i. j. Stay all proceedings in the Action against DefendantTDAF, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; k. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and l. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.

Entry of Preliminary Approval Order. The Bankruptcy Court shall enter a Preliminary Approval Order in the same or substantially the same form as attached Exhibit 3 hereto, which shall among other things: a. Preliminarily certify the proposed Class under Rule 23 23(a) and b(3) of the Federal Rules of Civil Procedure for settlement purposes only; b. Preliminarily approve this Agreement as fair, reasonable, reasonable and adequate under Rule 23 of the Federal Rules of Civil Procedure subject to final determination by the District Court; c. Approve the appointment of the Class Representative Representatives as representative representatives of the Class for the Settlement and the appointment of Class Counsel as counsel for the Class for the Settlement; d. Approve the Class a form of Notice in the same or substantially the same form as Exhibits 1a Exhibit 1 and 1bExhibit 2 hereto to be provided to the individuals on the Notice List; e. Direct the Settlement Administrator, promptly within thirty-five (35) days after entry by the Bankruptcy Court of the Preliminary Approval Order, to mail the Mail Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto to each individual on the Notice List by first-class mailmail and email where available; f. Direct the Settlement Administrator, within thirty-five (35) days after entry by the Court of the Preliminary Approval Order, to establish the Settlement Website, which shall contain copies of the Agreement and Exhibits, including the Notice in the same or substantially the same form as Exhibit 1 and Exhibit 2 hereto; g. Schedule a Final Approval Hearing on final approval of this Settlement at least one hundred twenty-five (125) days after entry of the Preliminary Approval Order; h. Establish a procedure for Class Members of the Class to exclude themselves and set a date an Opt-Out Deadline, no later than forty-five (45) days before the Final Approval Hearing, after which no Class Member of the Class shall be allowed to opt out of the Settlement and shall be bound to the terms of the Settlement; g. i. Establish a procedure for Settlement Class Members to appear and/or object to the Settlement and set a date an Objection Deadline, no later than forty-five (45) days before the Final Approval Hearing, after which no Settlement Class Member shall be allowed to object; h. j. Require any attorneys representing Settlement Class Members, at the Settlement Class Member’s expense, to file a notice of appearance; i. k. Stay all proceedings in the Action against DefendantWells Fargo, other than proceedings as may be necessary to carry out the terms and conditions of the Agreement; l. Pending Final Approval, and upon expiration of the Opt-Out Deadline, bar each Settlement Class Member from maintaining, commencing, prosecuting or pursuing directly, representatively, or in any other capacity any Released Claim subsumed and covered by the Release in this Agreement in any court or arbitration forum; m. Contain such other and further provisions consistent with the terms and provisions of this Agreement as the Court may deem advisable; and n. Authorize the Parties to take all necessary and appropriate steps to establish the means necessary to implement the terms of this Agreement.