Common use of Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing Clause in Contracts

Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing. 3.1 As soon as practicable after the execution of the Settlement Agreement, Settlement Class Co-Lead Counsel and counsel for TJX and Fifth Third shall jointly submit this Settlement Agreement to the Court, and, within 7 calendar days after the period for any termination of the Settlement Agreement pursuant to ¶ 10.4 has expired without Settlement Class Co-Lead Counsel having taken such action, Settlement Class Co-Lead Counsel shall file a motion for preliminary approval of the settlement with the Court and apply for entry of an order (the “Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing”), in the form attached hereto as Exhibit A, or an order substantially similar to such form in both terms and cost, requesting, inter alia, (a) certification of the Settlement Class for settlement purposes only pursuant to ¶ 2.7; (b) preliminary approval of the settlement as set forth herein; (c) approval of the publication of a customary form of summary notice (the “Summary Notice”) in the form attached hereto as Exhibit B (in a manner certified by the Notice Specialist to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, in the United States, Puerto Rico and Canada), and a customary long form of notice (“Notice”) in the form attached hereto as Exhibit C, which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Fairness Hearing; (d) appointment of Hilsoft Notifications as Notice Specialist; (e) appointment of the Garden City Group, Inc. as Claims Administrator (as conditioned above); and (f) approval of the Unreceipted Return Customer Notice and Proofs of Claim attached hereto as Exhibits D, C-1 and C-2; and approval of the Voucher/Check-in-Lieu Proof of Claim attached hereto as Exhibit C-3. 3.2 TJX shall pay for and shall assume the administrative responsibility of providing notice to the Settlement Class in accordance with the Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing, and the costs of such notice, together with the Costs of Claims Administration, shall be paid by TJX. Notice shall be provided to the Unreceipted Return Customers by first-class direct mail, to the extent reasonably practicable. The notice program otherwise (including notice to those Settlement Class Members referenced in the last two sentences of ¶ 1.16 above) shall be by publication in print and shall be designed to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, in the United States, Puerto Rico and Canada through publication of a Summary Notice in the form attached hereto as Exhibit B, and which publication shall run, if approved by the Court, in a range of consumer magazines, newspapers, and/or newspaper supplements to be designated by the Notice Specialist and approved by the Court. The Claims Administrator shall establish a dedicated settlement website, and shall maintain and update the website throughout the Claim Period, with the forms of Summary Notice, Notice, and Proofs of Claim approved by the Court, as well as this Settlement Agreement. The Claims Administrator also will provide copies of the forms of Summary Notice, Notice, and Proofs of Claim approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, the Settlement Class Co-Lead Counsel and TJX shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. At a minimum, Notice shall be provided in English, Spanish or French as appropriate for TJX locations in accordance with the language used in TJX’s usual course of business advertising, promotions and in-store displays. 3.3 The Settlement Class Co-Lead Counsel and TJX shall request that after notice is given, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein. 3.4 The Settlement Class Co-Lead Counsel and TJX further agree that the proposed Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing shall provide, subject to Court approval, that, pending the final determination of the fairness, reasonableness, and adequacy of the settlement set forth in the Settlement Agreement, no Settlement Class Member, either directly, representatively, or in any other capacity, shall institute, commence, or prosecute against the Released Persons any of the Released Claims in any action or proceeding in any court or tribunal.

Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing. 3.1 As soon as practicable after the execution of the Settlement Agreement, Settlement Class Co-Lead Counsel and counsel for TJX and Fifth Third shall jointly submit this Settlement Agreement to the Court, and, within 7 calendar days after the period for any termination of the Settlement Agreement pursuant to ¶ 10.4 has expired without Settlement Class Co-Lead Counsel having taken such action, Settlement Class Co-Lead Counsel shall file a motion for preliminary approval of the settlement with the Court and apply for entry of an order (the “Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing”), in the form attached hereto as Exhibit A, or an order substantially similar to such form in both terms and cost, requesting, inter alia, (a) certification of the Settlement Class for settlement purposes only pursuant to ¶ 2.7; (b) preliminary approval of the settlement as set forth herein; (c) approval of the publication of a customary form of summary notice (the “Summary Notice”) in the form attached hereto as Exhibit B (in a manner certified by the Notice Specialist to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, in the United States, Puerto Rico and Canada), and a customary long form of notice (“Notice”) in the form attached hereto as Exhibit C, which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Fairness Hearing; (d) appointment of Hilsoft Notifications as Notice Specialist; (e) appointment of the Garden City Group, Inc. as Claims Administrator (provided Garden City Group, Inc. has been selected as conditioned above); and (f) approval of the Unreceipted Return Customer Notice and Proofs of Claim attached hereto as Exhibits D, C-1 and C-2; and approval of the Voucher/Check-in-Lieu Voucher Proof of Claim attached hereto as Exhibit C-3. 3.2 TJX shall pay for and shall assume the administrative responsibility of providing notice to the Settlement Class in accordance with the Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing, and the costs of such notice, together with the Costs of Claims Administration, shall be paid by TJX. Notice shall be provided to the Unreceipted Return Customers by first-class direct mail, to the extent reasonably practicable. The notice program otherwise (including notice to those Settlement Class Members referenced in the last two sentences of ¶ 1.16 above) shall be by publication in print and shall be designed to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, in the United States, Puerto Rico and Canada through publication of a Summary Notice in the form attached hereto as Exhibit B, and which publication shall run, if approved by the Court, in a range of consumer magazines, newspapers, and/or newspaper supplements to be designated by the Notice Specialist and approved by the Court. The Claims Administrator shall establish a dedicated settlement website, and shall maintain and update the website throughout the Claim Period, with the forms of Summary Notice, Notice, and Proofs of Claim approved by the Court, as well as this Settlement Agreement. The Claims Administrator also will provide copies of the forms of Summary Notice, Notice, and Proofs of Claim approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, the Settlement Class Co-Lead Counsel and TJX shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. At a minimum, Notice shall be provided in English, Spanish or French as appropriate for TJX locations in accordance with the language used in TJX’s usual course of business advertising, promotions and in-store displays. 3.3 The Settlement Class Co-Lead Counsel and TJX shall request that after notice is given, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein. 3.4 The Settlement Class Co-Lead Counsel and TJX further agree that the proposed Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing shall providecontain, subject to Court approvalamong other things, thatthe following provisions: All discovery and pretrial proceedings in this Litigation, pending other than confirmatory discovery provided for herein, are stayed and suspended until further order of this Court. Pending the final determination of the fairness, reasonableness, and adequacy of the settlement set forth in the Settlement Agreement, no Settlement Class Member, either directly, representatively, or in any other capacity, shall institute, commence, or prosecute against the Released Persons any of the Released Claims in any action or proceeding in any court or tribunal.

Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing. 3.1 As soon as practicable after the execution of the Settlement Agreement, Settlement Class Co-Lead Settlement Class Counsel and counsel for TJX and Fifth Third Heartland shall jointly submit this Settlement Agreement to the Court, and, within 7 calendar days after the period for any termination of the Settlement Agreement pursuant to ¶ 10.4 ¶¶ 2.3 [has expired without Settlement Class Co-Lead Settlement Class Counsel having taken such action, Settlement Class Co-Lead Settlement Class Counsel shall file a motion for preliminary approval of the settlement with the Court and apply for entry of an order (the “Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing”), in the form attached hereto as Exhibit A, or an order substantially similar to such form in both terms and cost, requesting, inter alia, (a) certification of the Settlement Class for settlement purposes only pursuant to ¶ 2.72.5; (b) preliminary approval of the settlement as set forth herein; (c) approval of the publication of a customary form of summary notice (the “Summary Notice”) in a form substantially similar to the form one attached hereto as Exhibit B (in a manner certified by the Notice Specialist to have a reach of not less than approximately 80% of the putative class, targeted to adults with credit or debit cards over 1818 years of age, in the United States, Puerto Rico and Canada), and a customary long form of notice (“Notice”) in a form substantially similar to the form one attached hereto as Exhibit C, which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated herein, and the date, time, and place of the Final Fairness Hearing; (d) appointment of Hilsoft Notifications as Notice SpecialistSpecialist (or such other provider of class action notification service, as may be jointly agreed to); (e) appointment of the Garden City GroupEpiq Systems, Inc. as Claims Administrator Administrator; (or such other provider of claims administrative service, as conditioned abovemay be jointly agreed to); and (f) approval of a Claim Form in a form substantially similar to the Unreceipted Return Customer one attached hereto as Exhibit D. The forms of Summary Notice, Notice and Proofs of Claim Form attached hereto as Exhibits DB, C-1 C, and C-2; D shall be reviewed by the proposed Notice Specialist and approval of Claims Administrator and may be revised as agreed upon by the Voucher/Check-in-Lieu Proof of Claim attached hereto as Exhibit C-3Settling Parties prior to such submission to the Court for approval. 3.2 TJX Heartland shall pay for and shall assume the administrative responsibility of providing notice to the Settlement Class in accordance with the Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing, and the costs of such notice, together with the Costs of Claims Administration, shall be paid by TJXHeartland, subject to the terms set forth herein. Notice shall be provided to the Unreceipted Return Customers by first-class direct mail, to the extent reasonably practicable. The notice program otherwise (including notice to those Settlement Class Members referenced in the last two sentences of ¶ 1.16 above) shall be by publication in print and shall be designed to have a reach of not less than approximately 80% of the putative class, targeted to adults with credit or debit cards over 1818 years of age, in the United States, Puerto Rico and Canada States through publication of a the Summary Notice in the form attached hereto as Exhibit BNotice, and which publication shall run, if approved by the Court, in a range of consumer magazines, newspapers, and/or newspaper supplements to be designated by the Notice Specialist and approved by the Court. The Claims Administrator shall establish a dedicated settlement website, and shall maintain and update the website throughout the Claim Period, with the forms of Summary Notice, Notice, and Proofs of Claim Forms approved by the Court, as well as this Settlement Agreement. The Claims Administrator also will provide copies of the forms of Summary Notice, Notice, and Proofs of Claim Forms approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, the Settlement Class Co-Lead Settlement Class Counsel and TJX Heartland shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. At a minimum, Notice shall be provided in EnglishEnglish and/or Spanish, Spanish or French as appropriate for TJX locations appropriate. The forms of Summary Notice, Notice and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in accordance consultation and agreement with the language used in TJX’s usual course of business advertisingSettling Parties, promotions as may be reasonable and in-store displaysnot inconsistent with such approval. 3.3 The Settlement Class Co-Lead Counsel and TJX shall request that after notice is given, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein. 3.4 The Settlement Class Co-Lead Counsel and TJX further agree that the proposed Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing shall provide, subject to Court approval, that, pending the final determination of the fairness, reasonableness, and adequacy of the settlement set forth in the Settlement Agreement, no Settlement Class Member, either directly, representatively, or in any other capacity, shall institute, commence, or prosecute against the Released Persons any of the Released Claims in any action or proceeding in any court or tribunal.

Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing. 3.1 As soon as practicable after the execution of the Settlement Agreement, Settlement Class Co-Lead Counsel and counsel for TJX and Fifth Third Xxxxxxxx shall jointly submit this Settlement Agreement to the Court, and, within 7 calendar days after the period for any termination of the Settlement Agreement pursuant to ¶ 10.4 has expired without Settlement Class Co-Lead Counsel having taken such action, Settlement Class Co-Lead Counsel shall file a motion for preliminary approval of the settlement with the Court and shall apply for entry of an order (the “Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing”), in the form attached hereto as Exhibit AC, or an order substantially similar to such form in both terms and costform, requesting, inter alia, (a) certification of the Settlement Class for settlement purposes only pursuant to ¶ 2.7¶2.6; (b) preliminary approval of the settlement as set forth herein; (c) approval of the publication of a customary form of summary notice (the “Summary Notice”) in the form attached hereto as Exhibit B (in a manner certified by the Notice Specialist to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, in the United States, Puerto Rico and Canada)D, and a customary long form of notice (“Notice”) in the form attached hereto as Exhibit CE, which together shall include a fair summary of the parties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent contemplated hereina claim, and the date, time, and place of the Final Fairness Hearing; (d) appointment of Hilsoft Notifications Rust Consulting, Inc. (formerly known as Complete Claim Solutions, LLC), or such claims administrator as may be selected by Xxxxxxxx and agreed to by Settlement Class Counsel, as Claims Administrator and Xxxxxxxx Media as Notice Specialist;; and (e) appointment of the Garden City Group, Inc. as Claims Administrator (as conditioned above); and (f) approval of the Unreceipted Return Customer Notice and Proofs of Claim attached hereto as Exhibits D, C-1 and C-2; and approval of the Voucher/Check-in-Lieu Proof of Claim attached hereto as Exhibit C-3.B. 3.2 TJX Xxxxxxxx shall pay for and shall assume the administrative responsibility of providing notice to the Settlement Class in accordance with the Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing, and the costs of such notice, together with the Costs costs of Claims Administration, shall be paid from the Settlement Fund, but within the limit of $2.45 million. All such costs of notice and Claims Administration over the $2.45 million will be separately, and additionally, borne by TJX. Notice shall be provided to the Unreceipted Return Customers by first-class direct mail, to the extent reasonably practicableXxxxxxxx. The notice program otherwise (including notice to those Settlement Class Members referenced in the last two sentences of ¶ 1.16 above) shall be by publication in print and shall be designed to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, class in both the United States, Puerto Rico States and Canada through publication of a Summary Notice in the form attached hereto as Exhibit BD, and which publication shall run, if approved by the Court, in a range of consumer magazines, newspapers, and/or newspaper supplements to be designated by the Notice Specialist and approved by the Court. The Claims Administrator shall establish a dedicated settlement website, and shall maintain and update the website throughout the Claim Period, with the forms of Summary Notice, Notice, and Proofs Proof of Claim approved by the Court, as well as this Settlement Agreement. The Claims Administrator also will provide copies of the forms of Summary Notice, Notice, and Proofs Proof of Claim approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, the Settlement Class Co-Lead Counsel and TJX Settling Parties shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. At a minimumThe forms of Summary Notice, Notice, and Proof of Claim approved by the Court, and the Summary Notice shall publication plan approved by the Court, may be provided modified by the Notice Specialist and/or Claims Administrator, respectively, in English, Spanish or French as appropriate for TJX locations in accordance consultation and agreement with the language used in TJX’s usual course of business advertisingSettling Parties, promotions as may be reasonable and in-store displaysnot inconsistent with such approval. 3.3 The Settlement Class Co-Lead Counsel and TJX Settling Parties shall request that after notice is given, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein. 3.4 The Settlement Class Co-Lead Counsel and TJX Settling Parties further agree that the proposed Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing shall providecontain, subject to Court approvalamong other things, that, pending the following provisions: All discovery and pretrial proceedings in this Litigation are stayed and suspended until further order of this Court. Pending the final determination of the fairness, reasonableness, and adequacy of the settlement set forth in the Settlement Agreement, no Settlement Class Member, either directly, representatively, or in any other capacity, shall institute, commence, or prosecute against the Released Persons Parties any of the Released Claims in any action or proceeding in any court or tribunal.

Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing. 3.1 As soon as practicable after the execution of the Settlement Agreement, Settlement Class Co-Lead Counsel and counsel for TJX and Fifth Third shall jointly submit this Settlement Agreement to the Court, and, within 7 No later than fourteen (14) calendar days after the period for any termination of the Settlement Agreement pursuant to ¶ 10.4 has expired without Settlement Class becomes fully executed, Representative Plaintiffs, by and through Co-Lead Counsel having taken such action, Settlement Class Co-Lead Counsel Counsel, shall file a motion for preliminary approval of the settlement with the Court Settlement and apply for entry of an order (the “Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing”), Approval” in the form attached hereto as Exhibit A, or an order substantially similar to such form in both terms and cost, B) requesting, inter alia,: (a) certification of a finding that the Court is likely to certify the Settlement Class for settlement purposes only pursuant to ¶ 2.7at the Final Fairness Hearing; (b) preliminary approval of the settlement as set forth herein; (c) approval of the publication Notice Program, as set forth in the Declaration of a customary form Xxxxx X. Xxxx attached as Exhibit A hereto, to provide notice of summary the Settlement to the Settlement Class (d) approval of the commencement of notice to the Settlement Class including the emailing of notice (the “Summary Email Notice”) in the form attached hereto as Exhibit B (directly to Settlement Class Members for which ComplyRight provides an email address, in a manner certified by form substantially similar to Exhibit C hereto, the Notice Specialist mailing of postcards (“Postcard Notice”) directly to have those Settlement Class Members who ComplyRight is unable to locate an email address for in a reach of not less than approximately 80% of the putative class, targeted form substantially similar to adults over 18, in the United States, Puerto Rico and Canada)Exhibit D hereto, and a customary long form of notice (“Notice”) in the a form attached hereto as substantially similar to Exhibit CE hereto, which together shall include a fair summary of the partiesParties’ respective litigation positions, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, the process and instructions for making claims to the extent as contemplated herein, and the date, time, and place of the Final Fairness Hearing; (d) appointment of Hilsoft Notifications as Notice Specialist; (e) appointment of the Garden City GroupKCC as Settlement Administrator to provide Notice and settlement administrative services, Inc. as Claims Administrator (as conditioned above)agreed to herein; and (f) approval of the Unreceipted Return Customer Claim Form in a form substantially similar Exhibit F hereto. The forms of Email Notice, Postcard Notice, Detailed Notice and Proofs of Claim Form attached hereto as Exhibits D, C-1 and C-2; and approval of C–F may be revised as agreed upon by the Voucher/Check-in-Lieu Proof of Claim attached hereto as Exhibit C-3Settling Parties prior to such submission to the Court for approval. 3.2 TJX The Settlement Administrator shall pay be responsible for development and shall assume implementation of the administrative responsibility of providing Notice Program to provide notice to the Settlement Class in accordance with the Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing, which such Notice Program shall be approved in writing by both ComplyRight and Co-Lead Settlement Class Counsel prior to submission to the Court. Subject to the limitations of ¶ 2.8(a), costs of such notice, together with the Costs of Claims Administration, shall Notice will be paid by TJXthe Settlement Administrator, using amounts deposited by ComplyRight into the Escrow Account, as required by the Settlement Administrator. Notice shall be provided to the Unreceipted Return Customers Settlement Class Members by first-class direct mail, U.S. mail and email to the extent ComplyRight possesses such information or is reasonably practicablepracticable to obtain. The notice program otherwise (including notice to those Settlement Class Members referenced in the last two sentences of ¶ 1.16 above) shall be by publication in print and shall be designed to have a reach of not less than approximately 80% of the putative class, targeted to adults over 18, in the United States, Puerto Rico and Canada through publication of a Summary Notice in the form attached hereto as Exhibit B, and which publication shall run, if approved by the Court, in a range of consumer magazines, newspapers, and/or newspaper supplements to be designated by the Notice Specialist and approved by the Court. The Claims Administrator shall establish a dedicated settlement website, website and toll-free number and shall maintain and update the website throughout the Claim Period, with the forms of Summary Notice, Notice, and Proofs of Claim Form approved by the Court, as well as this Settlement Agreement. The Claims Settlement Administrator also will provide copies of the forms of Summary Notice, Notice, and Proofs of Claim approved by the Court, as well as this Settlement Agreement, upon request. Prior to the Final Fairness Hearing, the Settlement Class Co-Lead Counsel and TJX shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. At a minimum, Notice shall be provided in English, Spanish or French as appropriate for TJX locations in accordance with the language used in TJX’s usual course of business advertising, promotions and in-store displays. 3.3 The Settlement Class Co-Lead Counsel and TJX shall request that after notice is given, the Court hold a hearing (the “Final Fairness Hearing”) and grant final approval of the settlement set forth herein. 3.4 The Settlement Class Co-Lead Counsel and TJX further agree that the proposed Order of Preliminary Approval and Publishing of Notice of a Final Fairness Hearing shall provide, subject to Court approval, that, pending the final determination of the fairness, reasonableness, and adequacy of the settlement set forth in the Settlement Agreement, no Settlement Class Member, either directly, representatively, or in any other capacity, shall institute, commence, or prosecute against the Released Persons any of the Released Claims in any action or proceeding in any court or tribunal.of