Preliminary Approval and Final Approval Sample Clauses

Preliminary Approval and Final Approval. 7.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for preliminary approval of the settlement set forth in this Agreement by entry of a Preliminary Approval Order substantially in the form of Exhibit D, which order shall, inter alia, (a) Preliminarily approve the Settlement Agreement; (b) Appoint Xxxx Xxxxxxx of Xxxxxx & Xxxxxxx, PC and Xxxx X. Xxxxxxxx of Cotchett, Pitre, & XxXxxxxx LLP as Class Counsel; (c) Appoint Plaintiffs as Settlement Class representatives; (d) Approve the Notice Program, including the Notice Plan and forms of Notice; (e) Approve the Claim Form; (f) Approve the Claim Deadline and Objection and Exclusion Deadline; (g) Appoint a Settlement Administrator; and (h) Set a Final Approval Hearing date. 7.2 The Preliminary Approval Order shall also authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits to this Agreement) so long as they are consistent in all material respects with the terms of the Final Approval Order and do not limit or impair the rights of the Settlement Class. 7.3 After Notice is given, the Parties shall request and seek to obtain from the Court a Final Approval Order, which will (among other things): (a) Find that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve the Settlement Agreement, including all exhibits thereto; (b) Approve the Settlement Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Settlement Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims; (c) Find that the Notice implemented pursuant to the Agreement (i) constituted the best practicable notice under the circumstances; (ii) constituted notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action, the Related Actions, and the Xxxxxxx and Xxxxxxxxx ac...
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Preliminary Approval and Final Approval. As soon as practicable after the execution of the Settlement Agreement, Class Counsel shall submit this Settlement Agreement to the Court and file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit D, or an order substantially similar to such form, requesting, inter alia:
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Preliminary Approval and Final Approval. 3.1. Within 30 days of the execution of the Settlement Agreement, Class Counsel shall submit this Settlement Agreement to the Court as part of an unopposed motion for preliminary approval of the Settlement Agreement. The motion for preliminary approval shall request entry of a Preliminary Approval Order in the form attached hereto as Exhibit E, or an order substantially similar to such form, requesting, inter alia: (a) conditional certification of the Class for settlement purposes only; (b) preliminary approval of the Settlement Agreement; (c) appointment of Xxxxxxx X. Xxxxx of Xxxxxx & Xxxxxx, LLP and Xxxxxx Xxxxxxx of Xxxxxxxxxx Xxxxxxx LLP as Settlement Class Counsel; (d) appointment of the Representative Plaintiffs as Class Representatives; (e) a preliminary injunction prohibiting the Class from filing, prosecuting, continuing, intervening in, or participating (as class members or otherwise) in any other lawsuit or proceeding arising out of the Released Claims pending final approval of the Settlement Agreement; (f) approval of and direction to conduct the Notice Program to be initiated within sixty (60) days of the date of Preliminary Approval, including the notice plan set forth in the Declaration of Xxxxxxx X. Xxxxxxx of Analytics Consulting LLC attached hereto as Exhibit D as the best notice practicable as required by Rule 23; (g) approval of a press release (“Press Release”) substantially similar to the one attached hereto as Exhibit B and long form notice (“Long Notice”) substantially similar to the one attached hereto as Exhibit C. The Long Notice 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 Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (h) appointment of the Settlement Administrator; and (i) approval of a Claim Form substantially similar to that attached hereto as Exhibits A-1 and A-2. 3.2. Within ninety-nine (99) days after the date Preliminary Approval is granted, Class Counsel shall submit motions for final approval and for attorneys’ fees, costs and plaintiffs’ service awards. The proposed Judgment that shall be filed with the motion for final approval shall be in a form as set forth in Exhibit F as agreed upon by Defendants and Class Counsel. Such proposed Judgment s...
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Preliminary Approval and Final Approval. 70. Plaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibits, to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 71. At the time of the submission of this Settlement Agreement to the Court as described above, the Parties shall request that, after Notice is given, the Court hold a Final Approval Hearing approximately 160 days after entry of the Preliminary Approval Order and approve the settlement of the Action as set forth herein. 72. At least fourteen days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiffs will move for (1) final approval of the Settlement; (2) final appointment of the Class Representatives and Class Counsel; and (3) final certification of the Settlement Class, including for the entry of a Final Order and Judgment identical in all material respects to the proposed Final Order and Judgment, and file a memorandum in support of the motion for final approval.
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Preliminary Approval and Final Approval. 3 1. On April 22, 2021, the Named Plaintiffs shall submit to the Court a Motion 4 5 Approval Motion shall seek the setting of dates for opt-outs, objections, and a Fairness Hearing 6 and shall present this Agreement and all Exhibits thereto, including the [Proposed] Order 7 Granting Preliminary Approval attached hereto as Exhibit E. 8 2. The Parties, through their respective counsel, agree to use their best efforts 9 on a joint basis to obtain prompt entry of the Preliminary Approval Order. The Parties, through 10 their respective counsel, also agree to recommend to the Court on a joint basis that, in their 11 respective professional opinions, the Settlement Agreement is reasonable and appropriate, in the 12 best interests of justice, that the Parties have bargained for the terms in the Settlement Agreement, 13 and that no section or subsection of this Settlement Agreement should be modified or stricken. 14 3. If Preliminary Approval is granted, a briefing schedule and Final Approval 15 Hearing date will be set, and the Parties will propose that the Court hold the Final Approval 16 Hearing approximately 90 days after Preliminary Approval is granted. 17 4. The Named Plaintiffs shall file a Motion for Final Approval and for 18 Certification of the Settlement Class. The Motion will be due fifteen (15) days before the close of 19 the Objection Period and Opt-Out Period, and the Named Plaintiffs may file reply briefing in 20 support of Final Approval one week after the close of the Objection Period and Opt-Out Period.
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Preliminary Approval and Final Approval. 6.1 Promptly after the execution of this Settlement Agreement, Class Counsel shall submit this Settlement Agreement together with its Exhibits to the Court and shall move the Court for preliminary approval of the settlement set forth in this Settlement Agreement by entry of a Preliminary Approval Order substantially in the form of Exhibit 2, which order shall, inter alia, (a) Preliminarily approve the Settlement Agreement; (b) Appoint Xxxx Xxxxx Xxxxxx of Cotchett, Pitre, & XxXxxxxx LLP and Xxxxxxx
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Preliminary Approval and Final Approval 
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Related to Preliminary Approval and Final Approval

  • Preliminary Approval A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Final Approval After Acceptance, Engineer shall perform any required modifications, changes, alterations, corrections, redesigns, and additional work necessary to receive Final Approval by the County. "Final Approval" in this sense shall mean formal recognition that the Engineering Services have been fully carried out.

  • PRELIMINARY APPROVAL OF SETTLEMENT Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A.

  • Authorization, Approval, etc No authorization, approval, or other action by, and no notice to or filing with, any governmental authority, regulatory body or any other Person is required either (a) for the pledge by the Pledgor of any Collateral pursuant to this Pledge Agreement or for the execution, delivery, and performance of this Pledge Agreement by the Pledgor, or (b) for the exercise by the Collateral Agent of the voting or other rights provided for in this Pledge Agreement, or, except with respect to any Pledged Shares, as may be required in connection with a disposition of such Pledged Shares by laws affecting the offering and sale of securities generally, the remedies in respect of the Collateral pursuant to this Pledge Agreement.

  • Approval and Completion If any dispute regarding the design of the Tenant Improvements is not settled within 10 business days after notice of such dispute is delivered by one party to the other, Tenant may make the final decision regarding the design of the Tenant Improvements, provided (i) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such dispute, (ii) that all costs and expenses resulting from any such decision by Tenant shall be payable out of the TI Fund (as defined in Section 5(d) below), and (iii) Tenant’s decision will not affect the base Building, structural components of the Building or any Building systems (in which case Landlord shall make the final decision). Any changes to the TI Construction Drawings following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as provided in Section 4 hereof.

  • Regulatory Approval 25.1 The Parties understand and agree that this Agreement and any amendment or modification hereto will be filed with the Commission for approval in accordance with Section 252 of the Act and may thereafter be filed with the FCC. The Parties believe in good faith and agree that the services to be provided under this Agreement are in the public interest. Each Party covenants and agrees to fully support approval of this Agreement by the Commission or the FCC under Section 252 of the Act without modification.

  • Required Regulatory Approvals (a) The obligations of each Party under this Agreement are expressly contingent upon (i) each Party receiving all licenses, permits, permissions, certificates, approvals, authorizations, consents, franchises and releases from any local, state, or federal regulatory agency or other governmental agency or authority (which may include, without limitation and as applicable, the NYISO and the PSC) or any other third party that may be required for such Party in connection with the performance of such Party’s obligations under or in connection with this Agreement (the “Required Approvals”), (ii) each Required Approval being granted without the imposition of any modification or condition of the terms of this Agreement or the subject transactions, unless such modification(s) or condition(s) are agreed to by both Parties in their respective sole discretion, and (iii) all applicable appeal periods with respect to the Required Approvals having expired without any appeal having been made or, if such an appeal has been made, a full, final and non-appealable determination having been made regarding same by a court or other administrative body of competent jurisdiction, which determination disposes of or otherwise resolves such appeal (or appeals) to the satisfaction of both Parties in their respective sole discretion. (b) If any application or request is made in connection with seeking any Required Approval and is denied, or is granted in a form, or subject to conditions, that either Party rejects, in its sole discretion, as unacceptable, this Agreement shall terminate as of the date that a Party notifies the other Party of such denial or rejection, in which event the obligations of the Parties under this Agreement shall cease as of such date and this Agreement shall terminate, subject to NYSEG’s obligation to pay National Grid in accordance with the terms of this Agreement (including, without limitation, Section 10.3 above) for all Reimbursable Costs. All of National Grid’s actual costs in connection with seeking Required Approvals shall be included within the meaning of the term Reimbursable Costs and shall be paid for by NYSEG.

  • City Approval All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.

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