Common use of Preliminary and Final Approval of the Settlement Clause in Contracts

Preliminary and Final Approval of the Settlement. 5.1 Plaintiffs shall file the Agreement in the Court and move for preliminary approval of the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit E, or an order substantially similar to such form, which shall, inter alia: (a) Stay all proceedings in the Court other than those related to approval of the settlement; (b) Preliminarily certify the Settlement Class for settlement purposes only and preliminarily approve this Agreement for purposes of issuing the Class Notice; (c) Appoint Named Plaintiffs as the Class Representatives for settlement purposes only; (d) Appoint Class Counsel as counsel of the Settlement Class, for settlement purposes only; (e) Approve the Notice Program; (f) Approve the form and contents of a long-form notice (the “Long Notice”) to be posted on the settlement website substantially similar to the one attached hereto as Exhibit B, and a short-form, summary notice to be emailed or mailed to Settlement Class Members (the “Summary Notice”) substantially similar to the one attached hereto as Exhibit C, which together shall include a fair summary of the Settling Parties’ respective litigation positions, the general terms of the settlement set forth in this Agreement, instructions for how to object to or submit a Request for Exclusion from the settlement, the process and instructions for making Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (g) Approve a Claim Form substantially similar to that attached hereto as Exhibit A; (h) Appoint the Settlement Administrator; (i) Schedule an appropriate Opt Out Deadline, Objection Deadline, and other settlement-related dates and deadlines to be included in the Class Notice; and (j) Schedule the Final Approval Hearing. 5.2 Defendants will not oppose entry of the Preliminary Approval Order so long as it is substantially in the form attached to this Agreement as Exhibit E and is otherwise consistent with this Agreement.

Preliminary and Final Approval of the Settlement. 5.1 Plaintiffs shall file the Amended Settlement Agreement in the Court and move for preliminary approval of the settlement, requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit E3, or an order substantially similar to such form, which shall, inter alia: (a) Stay all proceedings in the Court Court, including the five-year deadline set by Code of Civil Procedure Section 583.310, other than those related to approval of the settlement; (b) Preliminarily certify the Settlement Class for settlement purposes only and preliminarily approve this Agreement for purposes of issuing the Class Notice; (c) Appoint Named Plaintiffs as the Class Representatives for settlement purposes only; (d) Appoint Class Counsel as counsel of the Settlement Class, for settlement purposes only; (e) Approve the Notice Program; (f) Approve the form and contents of a long-form notice (the “Long Notice”) to be posted on the settlement website Settlement Website substantially similar to the one attached hereto as Exhibit B1, and a short-form, summary notice to be emailed or where possible and mailed to Settlement Class Members (the “Summary Notice”) substantially similar to the one attached hereto as Exhibit C2, which together shall include a fair summary of the Settling Parties’ respective litigation positions, the general terms of the settlement set forth in this Agreement, instructions for how to object to or submit a Request for Exclusion from the settlement, the process and instructions for making Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (g) Approve a Claim Form substantially similar to that attached hereto as Exhibit A; (h) Appoint the Settlement Administrator; (ih) Schedule an appropriate Opt Opt-Out Deadline, Objection Deadline, and other settlement-related dates and deadlines to be included in the Class Notice; and (ji) Schedule the Final Approval Hearing. 5.2 Defendants Defendant will not oppose entry of the Preliminary Approval Order so long as it is substantially in the form attached to this Agreement as Exhibit E 3 and is otherwise consistent with this Agreement.