Common use of Findings Concerning Notice Clause in Contracts

Findings Concerning Notice. The Court finds that the proposed form, content, and method of giving Notice to the Settlement Class as described in the Settlement Agreement and its exhibits: (a) will constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action, the terms of the proposed Settlement, and their rights under the proposed Settlement, including, but not limited to, their rights to object to or exclude themselves from the proposed Settlement and other rights under the terms of the Settlement Agreement; (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members and other persons entitled to receive notice; (d) meet all applicable requirements of law, including Federal Rule of Civil Procedure 23(c); and (e) and meet the requirements of the Due Process Clause(s) of the United States and New York Constitutions. The Court further finds that the Notice provided for in the Settlement Agreement is written in plain language, uses simple terminology, and is designed to be readily understandable by Settlement Class Members. The Settlement Administrator is directed to carry out the Notice program in conformance with the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement and Release

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Findings Concerning Notice. The Court finds that the proposed form, content, and method of giving Notice notice to the Settlement Class as described in the Settlement Agreement and its exhibitsexhibits : (a) will constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Actionaction, the terms of the proposed Settlement, and their rights under the proposed Settlement, including, including but not limited to, to their rights to object to or exclude themselves from the proposed Settlement and other rights under the terms of the Settlement Agreement; (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members and other persons entitled to receive notice; and (d) meet all applicable requirements of law, including Federal Rule of Civil Procedure 23(c); ) and (e) ), and meet the requirements of the Due Process Clause(s) of the United States and New York ConstitutionsConstitution. The Court further finds that the Notice provided for in the Settlement Agreement is written in plain language, uses simple terminology, and is designed to be readily understandable by Settlement Class Membersclass members. The Settlement Administrator is directed to carry out the Notice program Plan in conformance with the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Findings Concerning Notice. The Court finds that the proposed form, content, and method of giving Notice to the Settlement Class as described in the Settlement Agreement and its exhibits: (a) will constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the ActionLitigation, the terms of the proposed Settlement, and their rights under the proposed Settlement, including, including but not limited to, to their rights to object to or exclude themselves from the proposed Settlement and other rights under the terms of the Settlement Agreement; (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members and other persons entitled to receive notice; (d) meet all applicable requirements of law, including Federal Rule of Civil Procedure 23(c); and (e) ), and meet the requirements of the Due Process Clause(s) of the United States and New York ConstitutionsConstitution. The Court further finds that the Notice provided for in the Settlement Agreement is written in plain language, uses simple terminology, and is designed to be readily understandable by Settlement Class Members. The Settlement Claims Administrator is directed to carry out the Notice program in conformance with the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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Findings Concerning Notice. The Court finds that the proposed form, content, and method of giving Notice notice to the Settlement Class as described in the Settlement Agreement and its exhibits: (a) will constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Actionaction, the terms of the proposed Settlement, and their rights under the proposed Settlement, including, including but not limited to, to their rights to object to or exclude themselves from the proposed Settlement and other rights under the terms of the Settlement Agreement; (c) are reasonable and constitute due, adequate, and sufficient notice to all Settlement Class Members and other persons entitled to receive notice; and (d) meet all applicable requirements of law, including Federal Rule of Civil Procedure 23(c); ) and (e) ), and meet the requirements of the Due Process Clause(s) of the United States and New York ConstitutionsConstitution. The Court further finds that the Notice provided for in the Settlement Agreement is written in plain language, uses simple terminology, and is designed to be readily understandable by Settlement Class Membersclass members. The Settlement Administrator is directed to carry out the Notice program Plan in conformance with the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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