Common use of Motion for Preliminary Approval of Settlement by the Court Clause in Contracts

Motion for Preliminary Approval of Settlement by the Court. a. Plaintiff will move the Court for (collectively, “Motion for Preliminary Approval): (i) Preliminary approval of the terms of this Settlement. (ii) Approval of the Class Notice, settlement procedure, and appointment of the Settlement Administrator. (iii) Scheduling of a Final Approval Hearing on the question of whether the terms of this Agreement should be finally approved as fair, reasonable, and adequate as to Plaintiff and the Class Members. Class Counsel shall provide Defendant with a reasonable opportunity to review this motion and exhibits thereto before they are filed with the Court. Defendant will not oppose said motion, so long as the motion and supporting papers are consistent with the terms of this Settlement Agreement. b. In the event that the terms or conditions of this Settlement, other than the terms pertaining to the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and/or Class Representative Payment, are materially modified by any court, any party in its sole discretion to be exercised within fourteen (14) days after such a material modification may declare this Settlement null and void. For purposes of this subparagraph, material modifications include but are not limited to any modification to the Class Period, Released Parties, or Released Claims. Any Party may exercise their option to void this Agreement as provided above by giving notice, in writing, to counsel for all other Parties and to the Court at any time prior to the Final Approval Order. c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the motion, so long as the motion and supporting papers are consistent with the terms of this Settlement Agreement. Class Counsel will draft and submit with the Motion for Preliminary Approval, a Proposed Order Granting Preliminary Approval of Settlement, and Setting Hearing for Final Approval of Settlement, and will provide a reasonable opportunity for the Defendant to review the Motion for Preliminary Approval and a Proposed Order Granting Preliminary Approval of Settlement prior to filing.

Motion for Preliminary Approval of Settlement by the Court. a. Plaintiff After execution of this Settlement Agreement, Plaintiffs will move file a Preliminary Approval Motion with the Court for an order granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (collectively, the “Motion for Preliminary Approval): (i) Preliminary approval ”), which Defendants agree not to oppose as long it is consistent with the terms set forth in this Agreement. Plaintiffs will provide Defendants with a copy of the terms of this Settlement. (ii) Preliminary Approval of Motion and related exhibits at least one week prior to filing such Motion. Any disagreements among the Parties concerning the Class Notice, settlement procedure, and appointment of or other documents necessary to implement the Settlement Administrator. (iii) Scheduling of a Final Approval Hearing on will be referred to the question of whether Court presiding over the terms of this Agreement should be finally approved as fair, reasonable, and adequate as to Plaintiff and the Class Members. Class Counsel shall provide Defendant with a reasonable opportunity to review this motion and exhibits thereto before they are filed with the Court. Defendant will not oppose said motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementAction. b. In the event that the terms or conditions of this Settlement, other than the terms pertaining to the Class Counsel Fees Payment and Class agrees to meet-and-confer with Defendants’ Counsel Litigation Expenses Payment and/or Class Representative Payment, are materially modified by any court, any party in its sole discretion as to be exercised within fourteen (14) days after such a material modification may declare this Settlement null and voidmutually agreed-upon date for the hearing on the Motion for Preliminary Approval. For purposes of this subparagraph, material modifications include but are not limited to any modification to the Class Period, Released Parties, or Released Claims. Any Party may exercise their option to void this Agreement as provided above by giving notice, in writing, to counsel for all other Parties and to the Court at any time prior to the Final Approval Order. c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementMotion for Preliminary Approval. Class Counsel will draft and submit with the Motion for Preliminary Approval, a Proposed Order Granting Preliminary Approval Order substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. c. Should the Court decline to preliminarily approve all material aspects of Settlementthe Settlement (including but not limited to the scope of release for Participating Class Members and/or for Plaintiffs, or the binding effect of the Settlement on Participating Class Members), the Settlement will be void and Setting Hearing for Final Approval of Settlementthe Parties will submit the issues to Retired Judge Xxxx X. Xxxx, and will provide a reasonable opportunity for who decision shall be binding on the Defendant Parties. d. A decision by the Court not to review enter the Motion for Preliminary Approval and Order in its entirety, or a Proposed Order Granting decision by the Court to enter the Preliminary Approval Order with material modifications (other than modifications concerning the proposed amount of Settlement prior any attorneys' fees or attorneys’ expenses to filingbe paid to Class Counsel or the amount of any service payment to Plaintiffs) that either of the Parties determines in their reasonable and good faith judgment to be material, will be discretionary grounds for that Party to terminate this Agreement by providing written notice to the other Party and the Court within twenty-one (21) calendar days of receipt of the Court's decision. In such event, the Parties agree to submit any unresolved issues to Retired Judge Xxxx X. Xxxx, who decision shall be binding on the Parties.

Motion for Preliminary Approval of Settlement by the Court. a. Plaintiff After execution of this Settlement Agreement, Plaintiffs will move file a Preliminary Approval Motion with the Court for an order granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (collectively, the “Motion for Preliminary Approval): (i) Preliminary ”), which Defendant agrees not to oppose as long it has been provided to Defendant for review and approval at least five business days prior to filing and it is consistent with the terms set forth in this Agreement. Plaintiffs will provide Defendant with a copy of the terms of this Settlement. Preliminary Approval Motion and related exhibits for review and comment at least five (ii5) Approval of business days calendar days prior to filing such Motion. Any disagreements among the Parties concerning the Class Notice, settlement procedure, and appointment of or other documents necessary to implement the Settlement Administrator. (iii) Scheduling of a Final Approval Hearing on will be referred to the question of whether Court presiding over the terms of this Agreement should be finally approved as fair, reasonable, and adequate as to Plaintiff and the Class Members. Class Counsel shall provide Defendant with a reasonable opportunity to review this motion and exhibits thereto before they are filed with the Court. Defendant will not oppose said motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementAction. b. In the event that the terms or conditions of this Settlement, other than the terms pertaining to the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and/or Class Representative Payment, are materially modified by any court, any party in its sole discretion to be exercised within fourteen (14) days after such a material modification may declare this Settlement null and void. For purposes of this subparagraph, material modifications include but are not limited to any modification to the Class Period, Released Parties, or Released Claims. Any Party may exercise their option to void this Agreement as provided above by giving notice, in writing, to counsel for all other Parties and to the Court at any time prior to the Final Approval Order. c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementMotion for Preliminary Approval. Class Counsel will draft and submit with the Motion for Preliminary Approval, a Proposed Order Granting Preliminary Approval Order substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. c. Should the Court decline to preliminarily approve all material aspects of Settlementthe Settlement (including but not limited to the scope of release for Participating Class Members and/or for Plaintiffs, or the binding effect of the Settlement on Participating Class Members), the Settlement will be void and Setting Hearing for Final Approval of Settlementthe Parties will submit the issues to Xxxxxx Xxxxxxxxx, who will mediate the dispute and will provide a reasonable opportunity for non- binding advisory determination which the Defendant Parties may elect to review accept or reject. d. A decision by the Motion for Court not to enter the Preliminary Approval and Order in its entirety, or a Proposed Order Granting decision by the Court to enter the Preliminary Approval Order with material modifications (other than modifications concerning the proposed amount of Settlement prior any Attorneys' Fees or Attorneys' Expenses to filingbe paid to Class Counsel or the amount of any Service Awards to Plaintiffs) that either of the Parties determines in their reasonable and good faith judgment to be material, will be discretionary grounds for that Party to terminate this Agreement by providing written notice to the other Party and the Court within twenty-one (21) calendar days of receipt of the Court's decision. In such event, the Parties agree to submit any unresolved issues to Xxxxxx Xxxxxxxxx, who will mediate the dispute and provide a non-binding advisory determination which the Parties may elect to accept or reject.

Motion for Preliminary Approval of Settlement by the Court. a. After execution of this Settlement Agreement, Plaintiff will move file a Preliminary Approval Motion with the Court for an order granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (collectively, the “Motion for Preliminary Approval): (i) Preliminary approval ”), which Defendants agree not to oppose as long it is consistent with the terms set forth in this Agreement. Plaintiff will provide Defendants with a copy of the terms of this Settlement. (ii) Preliminary Approval of Motion and related exhibits at least one week prior to filing such Motion. Any disagreements among the Parties concerning the Class Notice, settlement procedure, and appointment of or other documents necessary to implement the Settlement Administrator. (iii) Scheduling of a Final Approval Hearing on will be referred to the question of whether Court presiding over the terms of this Agreement should be finally approved as fair, reasonable, and adequate as to Plaintiff and the Class Members. Class Counsel shall provide Defendant with a reasonable opportunity to review this motion and exhibits thereto before they are filed with the Court. Defendant will not oppose said motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementAction. b. In the event that the terms or conditions of this Settlement, other than the terms pertaining to the Class Counsel Fees Payment and Class agrees to meet-and-confer with Defendants’ Counsel Litigation Expenses Payment and/or Class Representative Payment, are materially modified by any court, any party in its sole discretion as to be exercised within fourteen (14) days after such a material modification may declare this Settlement null and voidmutually agreed-upon date for the hearing on the Motion for Preliminary Approval. For purposes of this subparagraph, material modifications include but are not limited to any modification to the Class Period, Released Parties, or Released Claims. Any Party may exercise their option to void this Agreement as provided above by giving notice, in writing, to counsel for all other Parties and to the Court at any time prior to the Final Approval Order. c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementMotion for Preliminary Approval. Class Counsel will draft and submit with the Motion for Preliminary Approval, a Proposed Order Granting Preliminary Approval Order substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. c. Should the Court decline to preliminarily approve all material aspects of Settlementthe Settlement (including but not limited to the scope of release for Participating Class Members and/or for Plaintiff, or the binding effect of the Settlement on Participating Class Members), the Settlement will be void and Setting Hearing the Parties will submit the issues to a mutually-agreeable mediator for Final Approval of Settlement, and will provide a reasonable opportunity for resolution. d. A decision by the Defendant Court not to review enter the Motion for Preliminary Approval and Order in its entirety, or a Proposed Order Granting decision by the Court to enter the Preliminary Approval Order with material modifications (other than modifications concerning the proposed amount of Settlement prior any attorneys' fees or litigation expenses to filingbe paid to Class Counsel or the amount of any service award to Plaintiff) that either of the Parties determines in their reasonable and good faith judgment to be material, will be discretionary grounds for that Party to terminate this Agreement by providing written notice to the other Party and the Court within twenty-one (21) calendar days of receipt of the Court's decision. In such event, the Parties agree to submit any unresolved issues to a mutually agreeable mediator for resolution.

Motion for Preliminary Approval of Settlement by the Court. a. Plaintiff After Execution of this Settlement Agreement, Plaintiffs will move file a Preliminary Approval Motion with the Court for an order giving Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, and approving the Class Notice (collectively, the “Motion for Preliminary Approval): (i) Preliminary approval ”). Plaintiffs will provide Defendants with a draft copy of the terms of this Settlement. (ii) Preliminary Approval of Motion and related exhibits at least one week prior to filing such Motion. Any disagreement among the Parties concerning the Class Notice, settlement procedure, and appointment of or other documents necessary to implement the Settlement Administrator. (iii) Scheduling of a Final Approval Hearing on will be referred to the question of whether the terms of this Agreement should be finally approved as fair, reasonable, and adequate as to Plaintiff and the Class Members. Class Counsel shall provide Defendant with a reasonable opportunity to review this motion and exhibits thereto before they are filed with the Court. Defendant will not oppose said motion, so long as the motion and supporting papers are consistent with the terms of this Settlement AgreementDistrict Judge. b. In the event that the terms or conditions of this Settlement, other than the terms pertaining to the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and/or Class Representative Payment, are materially modified by any court, any party in its sole discretion to be exercised within fourteen (14) days after such a material modification may declare this Settlement null and void. For purposes of this subparagraph, material modifications include but are not limited to any modification to the Class Period, Released Parties, or Released Claims. Any Party may exercise their option to void this Agreement as provided above by giving notice, in writing, to counsel for all other Parties and to the Court at any time prior to the Final Approval Order. c. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and appear, support the granting of the motion, so long as the motion and supporting papers are consistent with the terms of this Settlement Agreement. Class Counsel will draft and submit with an Order Granting Conditional Certification of Class and Preliminary Approval of Settlement; Approving Class Notice; Appointing Settlement Administrator; and Scheduling Final Approval Hearing substantially in the form evidenced by Exhibit B to this Agreement and incorporated by reference into this Agreement. c. Should the Court decline to conditionally certify the settlement class or preliminarily approve all material aspects of the Settlement (including but not limited to the scope of release to be granted by Participating Class Members or the binding effect of the Settlement on Participating Class Members), the Settlement will at d. Within ten (10) days of the filing the Motion for Preliminary Approval, a Proposed Order Granting Defendants will, pursuant to CAFA, mail the notice of the Settlement pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1711 et seq. A decision by the Court not to enter the Preliminary Approval of SettlementOrder in its entirety, and Setting Hearing for Final Approval of Settlement, and will provide or a reasonable opportunity for decision by the Defendant Court to review enter the Motion for Preliminary Approval Order with modifications (other than modifications concerning the proposed amount of any attorneys' fees or expenses to be paid to Class Counsel or the amount of any Service Award) that either of the Settling Parties determines in its reasonable and a Proposed Order Granting Preliminary Approval good faith judgment to be material, will be discretionary grounds for that Settling Party to terminate this Stipulation by providing written notice to the other Settling Party and the Court so stating, such notice to be filed within twenty-one (21) calendar days of Settlement prior to filingreceipt of the Court's decision.