Filing of Motion for Preliminary Approval Sample Clauses

Filing of Motion for Preliminary Approval. As soon as reasonably practicable, Class Counsel shall file this Settlement Agreement with the Court with a Motion for Preliminary Approval, which will seek to: (i) certify the Settlement Class solely for settlement purposes, pursuant to Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3); (ii) preliminarily approve the Settlement set forth in this Agreement as fair, reasonable, and adequate within the meaning of Fed.
AutoNDA by SimpleDocs
Filing of Motion for Preliminary Approval. As soon as reasonably practicable after execution of this Agreement, Class Counsel shall provide a draft of the Motion for Preliminary Approval to XXXX’s Counsel, which will seek to (i) certify the Settlement Class solely for settlement purposes, pursuant to Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3); (ii) preliminarily approve the Settlement set forth in this Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23; (iii) appoint Xxxxx Xxxxxxxx as Class Representative; (iv) appoint Xxxx Xxxxxx and Xxxxxxxx Xxxxxxxxxx of Xxxxxxxxxx Xxxxxx P.A., Xxxxx Xxxxxxxxx of The Xxx Xxxxxx Firm, and Xxxxxx Xxxx of KalielGold PLLC, as Class Counsel; (v) approve the proposed Notice Program and forms of Notice and authorize the dissemination of Notice; (vi) approve of and appoint the Settlement Administrator to effectuate the Notice Program and administer the Settlement following Final Approval; and (vii) enjoin and stay any other action raising claims for Incoming Wire Transfer Fees. BANA’s Counsel shall have no less than ten (10) business days to review and comment on the Motion for Preliminary Approval. Class Counsel shall file the Motion for Preliminary Approval after the earlier of XXXX’s approval of the draft or ten (10) business days after provision of the draft to XXXX’s Counsel.
Filing of Motion for Preliminary Approval. No later than September 16, 2016, Settlement Class Counsel shall file this Settlement Agreement with the Court together with an Uncontested Motion for Preliminary Approval that seeks entry of an order substantially in the form attached hereto as Exhibit B that would, for purposes of this Settlement Agreement only: (a) certify a conditional settlement class under Federal Rule of Civil Procedure 23 composed of the Settlement Class Members; (b) preliminarily approve this proposed Settlement Agreement; (c) approve the proposed Mail Notice to the Settlement Class Members in a form substantially similar to that attached hereto as Exhibit C; (d) approve the proposed Claim Form in a form substantially similar to that attached hereto as Exhibit D; (e) certify Plaintiff as the representative of the Settlement Class Members; (f) appoint Settlement Class Counsel as counsel for the Settlement Class Members; and (g) appoint the Settlement Administrator to perform the duties that this Settlement Agreement assigns to it.
Filing of Motion for Preliminary Approval. As soon as reasonably practicable, Class Counsel shall file this Settlement Agreement with the Court together with a Motion for Preliminary Approval, which will seek to: (i) certify the Settlement Class solely for settlement purposes, pursuant to Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3); (ii) preliminarily approve the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23; (iii) appoint the Plaintiff as Class Representative of the Settlement Class; (iv) appoint Plaintiff’s counsel as Class Counsel; (v) approve the proposed Notice Plan and authorize the dissemination of Notice as set forth in Section 5; and (vi) approve of and appoint the Settlement Administrator.
Filing of Motion for Preliminary Approval. As soon as reasonably practicable after execution of this Settlement Agreement, Class Counsel shall provide a draft of the Motion for Preliminary Approval, which will seek to (i) certify the Settlement Class solely for settlement purposes, pursuant to Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3); (ii) preliminarily approve the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23; (iii) appoint Class Representatives as representatives of the Settlement Class; (iv) appoint Plaintiffs’ counsel as Class Counsel; (v) approve the proposed Notice Plan and authorize the dissemination of Notice as set forth in Section 5; and (vi) approve of and appoint the Settlement Administrator, to BANA’s Counsel. BANA’s Counsel shall have no less than ten (10) business days to review and comment on the Motion for Preliminary Approval. No earlier than ten (10) business days after provision of the draft to XXXX’s Counsel, Class Counsel shall file this Settlement Agreement with the Court together with the Motion for Preliminary Approval.
Filing of Motion for Preliminary Approval. Within thirty (30) days after this Settlement Agreement becomes fully executed by the Parties, Plaintiff shall file a motion for preliminary approval of this Settlement and for notice to Class Members.
Filing of Motion for Preliminary Approval. The Court granted the Stipulation on May 9 and 17 stayed the case through June 3, 2022, except for any third-party discovery necessary to effectuate 18 the proposed settlement.
AutoNDA by SimpleDocs
Filing of Motion for Preliminary Approval. On or before April 28, 2021, Class Counsel shall file this Settlement Agreement with the Court together with a Motion for Preliminary Approval, which will seek: (i) certification of the Settlement Classes solely for settlement purposes, pursuant to Fed. R. Civ. P. 23(a) and Fed. R. Civ. P. 23(b)(3); (ii) Preliminary Approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23; (iii) appointment of Class Representatives as representatives of their respective classes; (iv) approval of the proposed Class Notice, which shall be in substantially the same forms as the Class Notices attached hereto as Exhibits A (Email Notice), B (Postcard Notice), and C (Long Form Notice) (collectively, the “Class Notices”), and the Notice Plan set forth in Section 5; and (v) appointment of the Settlement Administrator.
Filing of Motion for Preliminary Approval. No later than February 18, 2019, Settlement Class Counsel shall file this Settlement Agreement with the Court together with an Uncontested Motion for Preliminary Approval that seeks entry of an order substantially in the form attached hereto as Exhibit B that would, for purposes of this Settlement Agreement only: (a) preliminarily approve this proposed Settlement Agreement; (b) approve the proposed Mail Notice to the Settlement Class Members in a form substantially similar to that attached hereto as Exhibit C; (c) certify Plaintiff as the representative of the Settlement Class Members; (d) appoint Settlement Class Counsel as counsel for the Settlement Class Members; and (e) appoint the Settlement Administrator to perform the duties that this Settlement Agreement assigns to it.

Related to Filing of Motion for Preliminary Approval

  • MOTION FOR PRELIMINARY APPROVAL The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • PRELIMINARY APPROVAL OF SETTLEMENT Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A.

  • Preliminary Approval A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Waiver of Notice; Approval of Meeting; Approval of Minutes The transactions of any meeting of Limited Partners, however called and noticed, and whenever held, shall be as valid as if it had occurred at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy. Attendance of a Limited Partner at a meeting shall constitute a waiver of notice of the meeting, except when the Limited Partner attends the meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened; and except that attendance at a meeting is not a waiver of any right to disapprove the consideration of matters required to be included in the notice of the meeting, but not so included, if the disapproval is expressly made at the meeting.

  • Application for approval 3.1. The application for approval of a vehicle type with regard to the AEBS shall be submitted by the vehicle manufacturer or by his authorised representative. 3.2. It shall be accompanied by the documents mentioned below in triplicate: 3.2.1. A description of the vehicle type with regard to the items mentioned in paragraph 2.4., together with a documentation package which gives access to the basic design of the AEBS and the means by which it is linked to other vehicle systems or by which it directly controls output variables. The numbers and/or symbols identifying the vehicle type shall be specified. 3.3. A vehicle representative of the vehicle type to be approved shall be submitted to the Technical Service conducting the approval tests.

  • Filing of Registration Statement The Company has filed with the Commission a registration statement, and an amendment or amendments thereto, on Form F-1 (File No. 333-234654), including any related prospectus or prospectuses, for the registration of the Securities under the Securities Act, which registration statement and amendment or amendments have been prepared by the Company in conformity with the requirements of the Securities Act. Except as the context may otherwise require, such registration statement, as amended, on file with the Commission at the time the registration statement became effective (including the Preliminary Prospectus included in the registration statement, financial statements, schedules, exhibits and all other documents filed as a part thereof or incorporated therein and all information deemed to be a part thereof as of the Effective Date pursuant to paragraph (b) of Rule 430A of the Securities Act (the “Rule 430A Information”), is referred to herein as the “Registration Statement.” If the Company files any registration statement pursuant to Rule 462(b) of the Securities Act, then after such filing, the term “Registration Statement” shall include such registration statement filed pursuant to Rule 462(b). The Registration Statement has been declared effective by the Commission on the date hereof. Each prospectus used prior to the effectiveness of the Registration Statement, and each prospectus that omitted the Rule 430A Information that was used after such effectiveness and prior to the execution and delivery of this Agreement, is herein called a “Preliminary Prospectus.” The Preliminary Prospectus, subject to completion and filed with the Commission on [●], 2020, that was included in the Registration Statement immediately prior to the Applicable Time (as defined below) is hereinafter called the “Pricing Prospectus.” The final prospectus in the form first furnished to the Underwriters for use in the Offering is hereinafter called the “Prospectus.” Any reference to the “most recent Preliminary Prospectus” shall be deemed to refer to the latest Preliminary Prospectus included in the Registration Statement. For purposes of this Agreement:

  • Costs of updating of registration statement If provided for in the Prospectus for a Trust, the Trustee shall pay, or reimburse to the Depositor, the expenses related to the updating of the Trust's registration statement, to the extent of legal fees, typesetting fees, electronic filing expenses and regulatory filing fees. Such expenses shall be paid from the Income Account, or to the extent funds are not available in such Account, from the Capital Account, against an invoice or invoices therefor presented to the Trustee by the Depositor. By presenting such invoice or invoices, the Depositor shall be deemed to certify, upon which certification the Trustee is authorized conclusively to rely, that the amounts claimed therein are properly payable pursuant to this paragraph. The Depositor shall provide the Trustee, from time to time as requested, an estimate of the amount of such expenses, which the Trustee shall use for the purpose of estimating the accrual of Trust expenses. The amount paid by the Trust pursuant to this paragraph in each year shall be separately identified in the annual statement provided to Unit holders. The Depositor shall assure that the Prospectus for the Trust contains such disclosure as shall be necessary to permit payment by the Trust of the expenses contemplated by this paragraph under applicable laws and regulations. The provisions of this paragraph shall not limit the authority of the Trustee to pay, or reimburse to the Depositor or others, such other or additional expenses as may be determined to be payable from the Trust as provided in this Section 6.02.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • MOTION FOR FINAL APPROVAL Not later than 16 court days before the calendared Final Approval Hearing, Plaintiff will file in Court, a motion for final approval of the Settlement that includes a request for approval of the PAGA settlement under Labor Code section 2699, subd. (l), a Proposed Final Approval Order and a proposed Judgment (collectively “Motion for Final Approval”). Plaintiff shall provide drafts of these documents to Defense Counsel not later than seven days prior to filing the Motion for Final Approval. Class Counsel and Defense Counsel will expeditiously meet and confer in person or by telephone, and in good faith, to resolve any disagreements concerning the Motion for Final Approval.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!