Common use of Preliminary Approval and Final Approval Clause in Contracts

Preliminary Approval and Final Approval. 4.1 This Agreement shall be subject to approval of the Court. As set forth in Section 14, Defendant shall have the right to terminate this Agreement if the Court does not approve all material aspects of this Agreement. 4.2 Plaintiffs, through Class Counsel, shall file an unopposed motion for entry of an Order conditionally certifying the Settlement Class, granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, approving the Class Notice and Claim Form, appointing Class Counsel and Plaintiffs as the Class Representatives, and for entry of the Preliminary Approval Order. The Preliminary Approval Order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Program set forth in Section 6.3. 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 this 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 Order and Judgment set forth below and do not limit or impair the rights of the Class. 4.3 The Parties shall request that the Final Approval Hearing be scheduled approximately one hundred twenty-five (125) Days after entry of the Preliminary Approval Order and that the Court approve the Settlement of the Google Photos BIPA Cases as set forth herein. 4.4 Within fourteen (14) Days after the Objection and Exclusion Deadline, or by another date if directed by the Court, Plaintiffs shall: (a) move for final approval of the Settlement;

Preliminary Approval and Final Approval. 4.1 This 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 be subject to move the Court for preliminary approval of the Court. As settlement set forth in Section 14, Defendant shall have the right to terminate this Agreement if the Court does not approve all material aspects of this Agreement. 4.2 Plaintiffs, through Class Counsel, shall file an unopposed motion for by entry of an Order conditionally certifying the Settlement Class, granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, approving the Class Notice and Claim Form, appointing Class Counsel and Plaintiffs as the Class Representatives, and for entry of the Preliminary Approval Order. The Preliminary Approval Order shall seek 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 and approve the Notices and Claim Form for dissemination in accordance with the Notice Program set forth in Section 6.3. 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 this 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 Judgment set forth below and do not limit or impair the rights of the Settlement Class. 4.3 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 actions, their right to object to the Settlement or exclude themselves from the Settlement Class, and to appear at the Final Approval Hearing; (iii) constituted notice that failure to exclude themselves from the Settlement Class will result in a release of any of their claims under the Action, the Related Actions, and the Xxxxxxx and Xxxxxxxxx actions; (iv) was reasonable and constituted due, adequate, and sufficient notice to all Persons entitled to receive notice; and (v) met all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court; (d) Find that the Class Representatives and Class Counsel adequately represented the Class for purposes of entering into and implementing the Settlement Agreement; (e) Dismiss the Action on the merits and with prejudice, without fees or costs to any party except as provided in the Settlement Agreement; (f) Incorporate the releases set forth in this Agreement, make such releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; (g) Permanently bar and enjoin all Settlement Class Members who have not properly sought exclusion from the Settlement Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims; (h) Without affecting the finality of the Final Approval Order or the Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Approval Order, and for any other necessary purpose; and (i) Incorporate any other provisions, as the Court deems necessary and just. 7.4 The Parties shall request that the Court schedule the Final Approval Hearing be scheduled approximately one hundred twenty-five (125) Days after entry for a date that is in compliance with the provisions of the Preliminary Approval Order and that the Court approve the Settlement of the Google Photos BIPA Cases as set forth herein28 U.S.C. §1715(d). 4.4 Within fourteen (14) Days after 7.5 The Parties shall, in good faith, cooperate, assist and undertake all reasonable actions and steps in order to accomplish these required events on the Objection and Exclusion Deadline, or by another date if directed schedule set by the Court, Plaintiffs shall: (a) move for final approval subject to the terms of the Settlement;this Settlement Agreement.

Preliminary Approval and Final Approval. 4.1 This 3.1. As soon as practicable after the execution of the Settlement Agreement, Class Counsel shall submit this Settlement Agreement shall be subject to the Court and file a motion for preliminary approval of the Court. As Settlement Agreement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit E requesting, inter alia: (a) certification of the Class for settlement purposes only; (b) preliminary approval of the Settlement Agreement; (c) appointment of Xxxxx X. Xxxxx and Xxxx X. Xxxxxxx of Xxxxxxx Xxxxxxx Xxxxxx Xxxxxxxx Xxxxxxxx, PLLC as Class Counsel; (d) appointment of the Representative Plaintiffs as Class representatives; (e) approval of the Notice Program, including the Publication Plan set forth in Section 14the Declaration of Xxxxxxxx X. Xxxx attached hereto as Exhibit F; (f) approval of a publication notice form (“Publication Notice”) attached hereto as Exhibit B and long form notice (“Long Notice”) attached hereto as Exhibit C, Defendant shall have the right which together are intended to terminate this Agreement if the Court does not approve all material aspects of this Agreement. 4.2 Plaintiffs, through Class Counsel, shall file an unopposed motion for entry of an Order conditionally certifying the Settlement Class, granting Preliminary Approval include a fair summary of the SettlementParties’ respective litigation positions, setting a date for the Final Approval Hearing, approving the Class Notice and Claim Form, appointing Class Counsel and Plaintiffs as the Class Representatives, and for entry general terms of the Preliminary Approval Order. The Preliminary Approval Order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Program settlement set forth in Section 6.3. The Preliminary Approval Order shall also authorize the PartiesSettlement Agreement, without further 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 from hearing; (g) approval of the Court, to agree to and adopt such amendments, modifications and expansions Opt-Out Procedures set forth in ¶ 5 of this Agreement and its implementing documents (including all exhibits to the Objection Procedures set forth in ¶ 6 of this Agreement; (h) so long appointment of the Settlement Administrator; and (i) approval of a Claim Form attached hereto as they are consistent in all material respects Exhibit A. 3.2. The proposed Judgment that shall be filed with the terms of the Final Order and Judgment set forth below and do not limit or impair the rights of the Class. 4.3 The Parties motion for final approval shall request that the Final Approval Hearing be scheduled approximately one hundred twenty-five (125) Days after entry of the Preliminary Approval Order and that the Court approve the Settlement of the Google Photos BIPA Cases in a form as set forth herein.in Exhibit D. Such proposed Judgment shall, inter alia: 4.4 Within fourteen (14) Days after the Objection and Exclusion Deadline, or by another date if directed by the Court, Plaintiffs shall: (a) move Determine that the Settlement Agreement is fair, adequate, and reasonable; (b) Finally certify the Settlement Class for final approval settlement purposes only; (c) Determine that the Notice Program satisfies due process requirements; (d) Dismiss all claims in the Second Amended Complaint with prejudice; (e) Bar and enjoin the Settlement Class Members from asserting any of the Settlement;Released Claims; and (f) Release and forever discharge Aveanna and the other Released Persons from the Released Claims.

Preliminary Approval and Final Approval. 4.1 This Agreement shall be subject to approval of the Court. As set forth in Section 14, Defendant Shutterfly shall have the right to terminate this the Agreement if the Court does not approve all the material aspects of this the Agreement. 4.2 Plaintiffs, through Class Counsel, shall file an unopposed motion for entry of an Order conditionally certifying Conditionally Certifying the Settlement Class, granting Preliminary Approval of the Settlement, setting a date for the Final Approval Hearing, approving the Class Notice and Claim Form, appointing Class Counsel and Plaintiffs as the Class Representatives, and for entry of the Preliminary Approval Order. The Preliminary Approval Order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Program set forth in Section 6.36.1. 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 this 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 Order and Judgment set forth below and do not limit or impair the rights of the Class. 4.3 The Parties shall request that the Final Approval Hearing be scheduled approximately one hundred twenty-five (125) Days after entry of the Preliminary Approval Order and that the Court approve the Settlement of the Google Photos BIPA Cases as set forth herein.at least 4.4 Within At least fourteen (14) Days after days before the Objection and Exclusion DeadlineFinal Approval Hearing, or by another date if directed by the Court, Plaintiffs shallshall move for: (a) move for final approval of the Settlement;; (b) final appointment of the Class Representatives and Class Counsel; and (c) final certification of the Settlement Class, including for the entry of a Final Approval Order, and file a memorandum in support of the motion for final approval. 4.5 Defendant may file a separate brief in support of the Court’s entry of the Preliminary Approval Order or the Final Order and Judgment, but is not obligated to do so.