Order of Preliminary Approval and Publishing of Notice of Final Approval Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel and counsel for Defendant shall jointly submit this Settlement Agreement to the Court, and Interim Lead Counsel will file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form substantially similar to Exhibit C in both terms and cost, requesting, inter alia:
a) certification of the Class for settlement purposes only pursuant to ¶ 2.6;
b) preliminary approval of the Settlement Agreement as set forth herein;
c) appointment of Interim Lead Counsel as Class Counsel;
d) appointment of Plaintiffs as Class Representatives;
e) approval of the Short Notice to be emailed or mailed to Class Members in a form substantially similar to the one attached as Exhibit D this Settlement Agreement;
f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached as Exhibit B to this Settlement Agreement, which, together with the Short Notice, shall include a fair summary of the Parties’ respective litigation positions, statements that the settlement and notice of settlement are legitimate and that the Class Members are entitled to benefits under the settlement, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, instructions for how to obtain the benefits from the Settlement, the process and instructions for making claims, and the date, time and place of the Final Approval Hearing;
g) approval of a Claim Form to be used by Class Members to make a claim in a form substantially similar to the one attached as Exhibit A to this Settlement Agreement; and
h) appointment of P&N as the Settlement Administrator. The Short Notice, Long Notice, and Claim Form have been reviewed and approved by the Settlement Administrator but may be revised as agreed upon by the Settling Parties prior to submission to the Court for approval. Immaterial revisions to these documents may also be made prior to dissemination of notice.
