Common use of PRELIMINARY APPROVAL AND NOTICE OF FAIRNESS HEARING Clause in Contracts

PRELIMINARY APPROVAL AND NOTICE OF FAIRNESS HEARING. 5.1 Within 14 days after the execution of the Settlement Agreement, Class Counsel shall prepare a Motion for Preliminary Approval and provide it to Defendants’ Counsel for review. No later than ten business days after that, Class Counsel shall file a Motion for Preliminary Approval of Class Action Settlement, including the Settlement Agreement, with the Court requesting, among other things: (a) certification of the Settlement Class for settlement purposes only; (b) preliminary approval of the Settlement Agreement as set forth herein; (c) appointment of Proposed Class Counsel; (d) appointment of Plaintiffs as the Class Representatives; (e) appointment of the Settlement Administrator; (f) as soon as practicable, the Settlement Administrator shall establish the Settlement Website. The Parties shall meet and confer and choose a mutually acceptable URL for the Settlement Website; and (g) approval of a Claim Form substantially similar to that attached hereto as Exhibit A. The Short Notice, Long Notice, and Claim Form shall be reviewed by the Settlement Administrator and may be revised as agreed upon by the Settling Parties before such submission to the Court for approval. The Parties agree, along with consultation with the Settlement Administrator, that the Notice Plan will provide adequate notice to the Class under the circumstances of this case. 5.2 The cost of notice to the Settlement Class in accordance with the Preliminary Approval Order, together with the Costs of Settlement Administration, shall be paid from the Qualified Settlement Fund. Attorneys’ fees, costs, and expenses of Class Counsel shall also be paid from the Qualified Settlement Fund. Notice shall be provided to Settlement Class Members by a nationally recognized notice provider and in a manner that satisfies constitutional requirements and due process. The notice plan shall be subject to approval by the Court as meeting the requirements of Fed. R. Civ. P. 23 and constitutional due process requirements. The Settlement Administrator shall establish a dedicated Settlement Website and shall maintain and update the website throughout the claim period, with the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with a reasonable number of live operators shall be made available to address Settlement Class Members’ inquiries (with the cost of any such help line and live operators to be paid from the Qualified Settlement Fund). The Settlement Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Before the Final Fairness Hearing, Proposed Class Counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Settlement Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and necessary and not inconsistent with such approval. The Notice shall commence within 30 days of the entry of the Preliminary Approval Order and shall be substantially completed within 15 days of the Notice Date.

PRELIMINARY APPROVAL AND NOTICE OF FAIRNESS HEARING. 5.1 Within 14 days after the execution of the Settlement Agreement, Class Counsel shall prepare a Motion for Preliminary Approval and provide it to Defendants’ Counsel for review. No later than ten five business days after that, Class Counsel shall file a Motion for Preliminary Approval of Class Action Settlement, including the Settlement Agreement, with the Court requesting, among other things: (a) certification of the Settlement Class for settlement purposes only; (b) preliminary approval of the Settlement Agreement as set forth herein; (c) appointment of Proposed Class Counsel; (d) appointment of Plaintiffs as the Class Representatives; (e) appointment of the Settlement Administrator; (f) as soon as practicable, the Settlement Administrator shall establish the Settlement Website. The Parties shall meet and confer and choose a mutually acceptable URL for the Settlement Website; and (g) approval of a Claim Form substantially similar to that attached hereto as Exhibit A. The Short Notice, Long Notice, and Claim Form shall be reviewed by the Settlement Administrator and may be revised as agreed upon by the Settling Parties before prior to such submission to the Court for approval. The Parties agree, along with consultation with the Settlement Administrator, that the Notice Plan will provide adequate notice to the Class under the circumstances of this case. 5.2 The cost of notice to the Settlement Class in accordance with the Preliminary Approval Order, together with the Costs of Settlement Administration, shall be paid from the Qualified Settlement Fund. Attorneys’ fees, costs, and expenses of Class Counsel shall also be paid from the Qualified Settlement Fund. Notice shall be provided to Settlement Class Members by a nationally recognized notice provider and in a manner that satisfies constitutional requirements and due process. The notice plan shall be subject to approval by the Court as meeting the requirements of Fed. R. Civ. P. 23 and constitutional due process requirements. The Settlement Administrator shall establish a dedicated Settlement Website and shall maintain and update the website throughout the claim period, with the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with a reasonable number of live operators shall be made available to address Settlement Class Members’ inquiries (with the cost of any such help line and live operators to be paid from the Qualified Settlement Fund). The Settlement Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Before Prior to the Final Fairness Hearing, Proposed Class Counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Settlement Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and necessary and not inconsistent with such approval. The Notice shall commence within 30 days of the entry of the Preliminary Approval Order and shall be substantially completed within 15 days of the Notice Date. 5.3 Class Counsel and Counsel shall request the Court hold the Final Approval Hearing after Notice is completed and grant final approval of the Settlement set forth herein. The requested date for the Final Approval hearing shall be approximately six months from the date of preliminary approval.

PRELIMINARY APPROVAL AND NOTICE OF FAIRNESS HEARING. 5.1 Within 14 days after the execution of the Settlement Agreement, Class Counsel shall prepare a Motion for Preliminary Approval and provide it to Defendants’ Defendant’s Counsel for review. No later than ten five business days after that, Class Counsel shall file a Motion for Preliminary Approval of Class Action Settlement, including the Settlement Agreement, with the Court requesting, among other things: (a) certification of the Settlement Class for settlement purposes only; (b) preliminary approval of the Settlement Agreement as set forth herein; (c) appointment of Proposed Class Counsel; (d) appointment of Plaintiffs as the Class Representatives; (e) appointment of the Settlement Administrator; (f) as soon as practicable, the Settlement Administrator shall establish the Settlement Website. The Parties shall meet and confer and choose a mutually acceptable URL for the Settlement Website; and (g) approval of a Claim Form substantially similar to that attached hereto as Exhibit A. The Short Notice, Long Notice, and Claim Form shall be reviewed by the Settlement Administrator and may be revised as agreed upon by the Settling Parties before prior to such submission to the Court for approval. The Parties agree, along with consultation with the Settlement Administrator, that the Notice Plan will provide adequate notice to the Class under the circumstances of this case. 5.2 The cost of notice to the Settlement Class in accordance with the Preliminary Approval Order, together with the Costs of Settlement Administration, shall be paid from the Qualified Settlement Fund. Attorneys’ fees, costs, and expenses of Class Counsel shall also be paid from the Qualified Settlement Fund. Notice shall be provided to Settlement Class Members by a nationally recognized notice provider and in a manner that satisfies constitutional requirements and due process. The notice plan shall be subject to approval by the Court as meeting the requirements of Fed. R. Civ. P. 23 and constitutional due process requirements. The Settlement Administrator shall establish a dedicated Settlement Website and shall maintain and update the website throughout the claim period, with the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with a reasonable number of live operators shall be made available to address Settlement Class Members’ inquiries (with the cost of any such help line and live operators to be paid from the Qualified Settlement Fund). The Settlement Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Before Prior to the Final Fairness Hearing, Proposed Class Counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Settlement Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and necessary and not inconsistent with such approval. The Notice shall commence within 30 days of the entry of the Preliminary Approval Order and shall be substantially completed within 15 days of the Notice Date. 5.3 Class Counsel and Defendant’s Counsel shall request the Court hold the Final Approval Hearing after Notice is completed and grant final approval of the Settlement set forth herein. The requested date for the Final Approval hearing shall be approximately six months from the date of preliminary approval.

PRELIMINARY APPROVAL AND NOTICE OF FAIRNESS HEARING. 5.1 Within 14 days 4.1 As soon as practicable after the execution of the Settlement Agreement, Class Plaintiffs’ Counsel and Xxxxxxxxxx’x Counsel shall prepare a Motion for Preliminary Approval jointly submit this Settlement Agreement to the Court, and provide it to DefendantsPlaintiffs’ Counsel for review. No later than ten business days after that, Class Counsel shall will file a Motion motion for Preliminary Approval preliminary approval of Class Action Settlement, including the Settlement Agreement, 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 in both terms and cost, requesting, among other thingsinter alia: (a) certification of the Settlement Class for settlement purposes onlyonly pursuant to ¶ 3.11; (b) preliminary approval of the Settlement Agreement as set forth herein; (c) appointment of Proposed Xxxxxxxx Xxxxx of Xxxxx LLP and Xxxxxxxx X. Xxxxx of Xxxx & Xxxxx LLC as Co-lead Class Counsel; (d) appointment of Plaintiffs as the Class Representatives; (e) approval of a customary form of Short Notice to be mailed by U.S. mail to Contactable Class Members in a form substantially similar to Exhibit A, attached hereto; f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit B, attached hereto, which, together with the Short Notice, shall include a fair summary of the Settling 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 claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing; g) approval of the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, in a form substantially similar to Exhibit C, attached hereto; and h) appointment of the Settlement Claims Administrator; (f) as soon as practicable, the Settlement Administrator shall establish the Settlement Website. The Parties shall meet and confer and choose a mutually acceptable URL for the Settlement Website; and (g) approval of a Claim Form substantially similar to that attached hereto as Exhibit A. The Short Notice, Long Notice, and Claim Form shall be reviewed by the Settlement Claims Administrator and may be revised as agreed upon by the Settling Parties before such submission submissions to the Court for approval. The Parties agree, along with consultation with the Settlement Administrator, that the Notice Plan will provide adequate notice to the Class under the circumstances of this case. 5.2 The cost 4.2 Within ten (10) days of notice to the Settlement Class in accordance with the Preliminary Approval Order, Defendant shall deposit or cause to be deposited the total sum of Two Hundred Thousand Dollars and Zero Cents ($200,000.00) into an interest-bearing account established and administered by the Settlement Administrator at a financial institution agreed upon by the Settlement Administrator and Defendant. Thereafter, and within ten (10) days after the Judgment of the Court is Final, Defendant shall deposit or cause to be deposited an additional Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000.00) into an interest-bearing account established and administered by the Settlement Administrator at a financial institution agreed upon by the Settlement Administrator and Defendant. The costs of notice, together with the Costs of Settlement Claims Administration, shall be paid from the Qualified Settlement Fund. Attorneysany attorneys’ fees, costs, and expenses of Plaintiffs’ Counsel, and a service award to the Class Counsel Representatives, as approved by the Court, shall also be paid from the Qualified Settlement Fund. Notice shall be provided to Settlement Class Members by a nationally recognized notice provider and the Claims Administrator in a manner that satisfies constitutional requirements and due process. The notice plan shall be subject to approval by the Court as meeting the requirements of Fed. R. Civ. P. 23 Missouri Rule of Civil Procedure 52.08 and constitutional due process requirements. The Settlement Administrator At a minimum, the notice program shall establish a dedicated Settlement Website and shall maintain and update include the website throughout following: sending the claim periodShort Notice to the approximately 58,411 persons to whom Xxxxxxxxxx initially mailed notification of the Data Security Incident (i.e., with the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with a reasonable number of live operators shall be made available to address Settlement Contactable Class Members’ inquiries (with the cost of any such help line and live operators to be paid from the Qualified Settlement Fund). The Settlement Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, ; issuing a one page press release upon request. Before the Final Fairness Hearing, Proposed Class Counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Settlement Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and necessary and not inconsistent with such approval. The Notice shall commence within 30 days of the entry of the Preliminary Approval Order Order; and shall be substantially completed within 15 days of the Notice Date.purchasing appropriate social media banner and other online advertisements to target

PRELIMINARY APPROVAL AND NOTICE OF FAIRNESS HEARING. 5.1 Within 14 days 3.1. As soon as practicable after the execution of the Settlement Agreement, Class Proposed Co- Lead Counsel and counsel for AENT shall prepare a Motion for Preliminary Approval jointly submit this Settlement Agreement to the Court, and provide it to Defendants’ Proposed Co-Lead Counsel for review. No later than ten business days after that, Class Counsel shall will file a Motion motion for Preliminary Approval preliminary approval of Class Action Settlement, including the Settlement Agreement, 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 in both terms and cost, requesting, among other thingsinter alia: (a) certification of the Settlement Class for settlement purposes onlyonly pursuant to ¶ 2.7; (b) preliminary approval of the Settlement Agreement as set forth herein; (c) appointment of Proposed Xxxxxxxx & Xxxxxxxx, Xxxxx LLP, and Xxxxxx, Xxxxxxxx, Xxxxxxxxxx & Xxxxxxxx LLP as Class Counsel; (d) appointment of Plaintiffs as the Class Representatives; (e) approval of a customary form of Short Notice to be mailed by U.S. mail to Settlement Class Members in a form substantially similar to Exhibit A, attached hereto. f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to Exhibit B, attached hereto, which, together with the Short Notice, shall include a fair summary of the Settling 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 claims to the extent contemplated herein, the requested attorneys’ fees, and the date, time and place of the Final Fairness Hearing; g) approval of the Claim Form to be available on the Settlement Website for submitting claims and available, upon request, in a form substantially similar to Exhibit C, attached hereto; and h) appointment of the Settlement Claims Administrator; (f) as soon as practicable, the Settlement Administrator shall establish the Settlement Website. The Parties shall meet and confer and choose a mutually acceptable URL for the Settlement Website; and (g) approval of a Claim Form substantially similar to that attached hereto as Exhibit A. The Short Notice, Long Notice, and Claim Form shall be reviewed by the Settlement Claims Administrator and may be revised as agreed upon by the Settling Parties before such submission submissions to the Court for approval. The Parties agree, along with consultation with the Settlement Administrator, that the Notice Plan will provide adequate notice to the Class under the circumstances of this case. 5.2 The cost of notice to the Settlement Class in accordance with the Preliminary Approval Order, together with the Costs of Settlement Administration, shall be paid from the Qualified Settlement Fund. Attorneys’ fees, costs, and expenses of Class Counsel shall also be paid from the Qualified Settlement Fund. Notice shall be provided to Settlement Class Members by a nationally recognized notice provider and in a manner that satisfies constitutional requirements and due process. The notice plan shall be subject to approval by the Court as meeting the requirements of Fed. R. Civ. P. 23 and constitutional due process requirements. The Settlement Administrator shall establish a dedicated Settlement Website and shall maintain and update the website throughout the claim period, with the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement. A toll-free help line staffed with a reasonable number of live operators shall be made available to address Settlement Class Members’ inquiries (with the cost of any such help line and live operators to be paid from the Qualified Settlement Fund). The Settlement Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. Before the Final Fairness Hearing, Proposed Class Counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Settlement Administrator, respectively, in consultation and agreement with the Settling Parties, as may be reasonable and necessary and not inconsistent with such approval. The Notice shall commence within 30 days of the entry of the Preliminary Approval Order and shall be substantially completed within 15 days of the Notice Date.