Common use of Preliminary Approval and Final Approval Clause in Contracts

Preliminary Approval and Final Approval. 6.01 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 A, or an order substantially similar to such form, requesting, inter alia: (i) certification of the Settlement Class for settlement purposes only; (ii) preliminary approval of the Settlement Agreement as being within the range of reasonableness such that notice of the Settlement should be provided pursuant to this Agreement; (iii) the scheduling of a Final Approval Hearing; (iv) appointment of Xxxx Xxxxxxx and Xxxxxxx X. Xxxx of Xxxxxx & Xxxxxxx, PC, Xxxx Xxxxxx Xxxxxx of Xxxxxx & Xxxxxx, and Xxxxx Xxxxxxxxxxx and Xxxxx X. Xxxx, Esq. of Xxxxxxxxx Law Group, APC as Class Counsel; (v) appointment of the Representative Plaintiffs as settlement class representatives; (vi) approval of the Notice Program; (vii) approval of a publication notice form (“Publication Notice”) 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, 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 Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (viii) appointment of the Settlement Administrator; and (ix) approval of a claim form substantially similar to that attached hereto as Exhibit D.

Preliminary Approval and Final Approval. 6.01 3.1. 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 Settlement Agreement with the Court requesting entry of a Preliminary Approval Order in the form attached hereto as Exhibit AE, or an order substantially similar to such form, requesting, inter alia: (ia) certification of the Settlement Class for settlement purposes only; (iib) preliminary approval of the Settlement Agreement as being within the range of reasonableness such that notice of the Settlement should be provided pursuant to this Agreement; (iii) the scheduling of a Final Approval Hearing; (ivc) appointment of Xxx X. Xxxxxx, Xxxx X. Xxxxx and X. Xxxxxxx Xxxxxxx of Xxxxxx Law Group, LLC and Xxxxxx X. Xxxxx and Xxxxxxx X. Xxxx of Xxxxxx & Xxxxxxx, PC, Xxxx Xxxxxx Xxxxxx Xxxxx of Xxxxxx & Xxxxxx, LLP as Lead Counsel; (d) appointment of Xxxx X. Xxxxxxxxx and Xxxxxx Xxxxxxxx of Xxxxxx & Xxxxxx Complex Litigation Group, and Xxxxx X. Xxxxxxxxxxx and Xxxxx X. XxxxXxxxxx of Xxxxxxxxxxx Xxxxxx LLP, Esq. of Xxxxxxxxx Law Grouptogether with Lead Counsel, APC as Class Counsel; (ve) appointment of the Representative Plaintiffs as settlement class Class representatives; (vif) approval of the Notice Program, including the Publication Plan set forth in the Declaration of Xxxxx Peak of KCC attached hereto as Exhibit D; (viig) approval of a publication notice form (“Publication Notice”) 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, 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 Settlementsettlement, the process and instructions for making Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearingfinal approval hearing; (viiih) appointment of the Settlement Administrator; and (ixi) approval of a claim form Claim Form substantially similar to that attached hereto as Exhibit D.A. 3.2. 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 Xxxx’s and Class Counsel. Such proposed Judgment shall, among other things: (a) Determine that the Settlement Agreement is fair, adequate, and reasonable; (b) Finally certify the Settlement Class for settlement purposes only; (c) Determine that the Notice Program satisfies due process requirements; (d) Dismiss all claims in the Complaint with prejudice; (e) Bar and enjoin the Settlement Class Members from asserting any of the Released Claims; and (f) Release and forever discharge Xxxx’s and the other Released Persons from the Released Claims, as provided for in this Settlement Agreement.

Preliminary Approval and Final Approval. 6.01 As soon as practicable after the execution of the Settlement Agreement, Class Plaintiffs’ 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 A, or an order substantially similar to such form, requesting, inter alia: (i) certification of the Settlement Class for settlement purposes only; (ii) preliminary approval of the Settlement Agreement as being within the range of reasonableness such that notice of the Settlement should be provided pursuant to this Agreement; (iii) the scheduling appointment of a Final Approval HearingXxxx X. Xxxxxxxxx and Xxxx X. XxXxx of Xxxxxx & Xxxxxx Complex Litigation Group, Xxxxxxx X. Xxxxxx and Xxxx Xxxxxxxxx of Xxxx Xxxxxxxxxxx Xxxxx Xxxxxxx & Xxxx, LLP, Xxxx X. Xxxxx and Xxxxxxxx Xxxxxxxxx of Xxxx & Xxxxxxxxx, LLP, and Xxxxx X. Xxxxx of Xxxxx Xxxxx Xxxxxx Xxxxxxxxxxx Xxxxx & Xxxxxxxx, LLP, as Class Counsel; (iv) appointment of Xxxx Xxxxxxx and Xxxxxxx X. Xxxx of Xxxxxx & Xxxxxxx, PC, Xxxx Xxxxxx Xxxxxx of Xxxxxx & Xxxxxx, and Xxxxx Xxxxxxxxxxx and Xxxxx X. Xxxx, Esq. of Xxxxxxxxx Law Group, APC the Plaintiffs as Settlement Class Counselrepresentatives; (v) appointment of the Representative Plaintiffs as settlement class representatives; (vi) approval of the Notice Program, including the Notice Plan set forth in the Declaration of Xxxxxxx Xxxxxxxx Regarding Proposed Notice Program; (viivi) approval of a publication notice form (“Publication Notice”) 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, 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 Settlementsettlement, the process and instructions for making Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearingfinal fairness and approval hearing; (viiivii) appointment of the a Settlement Administrator; and (ixviii) approval of a claim form substantially similar to that attached hereto as Exhibit D. 6.02 The proposed Judgment that shall be filed with the motion for final approval shall be in a form as set forth below and as agreed upon by Xxxx Enterprises and Class Counsel. Such proposed Judgment shall, among other things: (i) Determine that the Settlement Agreement is fair, adequate, and reasonable; (ii) Finally certify the Settlement Class for settlement purposes only; (iii) Determine that the Notice Program satisfies due process requirements; (iv) Dismiss all claims in the Complaint with prejudice; (v) Bar and enjoin the any Settlement Class Members who did not timely opt out in accordance with the requirements of the Settlement Agreement from asserting any of the Released Claims; and (vi) Release and forever discharge Xxxx Enterprises and the Released Persons from the Released Claims, as provided for in this Settlement Agreement.

Preliminary Approval and Final Approval. 6.01 As soon as practicable after 3.1. Within 30 days of the execution of the Settlement Agreement, Class Counsel shall submit this Settlement Agreement to the Court and file a as part of an unopposed motion for preliminary approval of the settlement with the Court requesting Settlement Agreement. The motion for preliminary approval shall request entry of a Preliminary Approval Order in the form attached hereto as Exhibit AE, or an order substantially similar to such form, requesting, inter alia: (ia) conditional certification of the Settlement Class for settlement purposes only; (iib) preliminary approval of the Settlement Agreement as being within the range of reasonableness such that notice of the Settlement should be provided pursuant to this Agreement; (iii) the scheduling of a Final Approval Hearing; (ivc) appointment of Xxxx Xxxxxxx and Xxxxxxx X. Xxxx of Xxxxxx & Xxxxxxx, PC, Xxxx Xxxxxx Xxxxxx Xxxxx of Xxxxxx & Xxxxxx, LLP and Xxxxx Xxxxxxxxxxx and Xxxxx X. Xxxx, Esq. Xxxxxx Xxxxxxx of Xxxxxxxxx Law Group, APC Xxxxxxxxxx Xxxxxxx LLP as Settlement Class Counsel; (vd) appointment of the Representative Plaintiffs as settlement class representativesClass Representatives; (vie) 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 ProgramProgram 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; (viig) approval of a publication notice form press release (“Publication NoticePress 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, which together 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 Settlementsettlement, the process and instructions for making Settlement Claims to the extent contemplated herein, and the date, time and place of the Final Approval Hearing; (viiih) appointment of the Settlement Administrator; and (ixi) approval of a claim form 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 D.F as agreed upon by Defendants and Class Counsel. Such proposed Judgment shall, among other things: (a) Determine that the Settlement Agreement is fair, adequate, and reasonable; (b) Finally certify the Settlement Class for settlement purposes only; (c) Determine that the Notice Program satisfies due process requirements; (d) Dismiss all claims in the Complaint with prejudice; (e) Bar and finally enjoin the Settlement 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; and (f) Release and forever discharge Defendants and the other Released Persons from the Released Claims, as provided for in this Settlement Agreement. 3.3. The Final Approval Hearing will be held at least one hundred and sixty-two (162) days after the Preliminary Approval Date.