PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT Sample Clauses

PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 5.1 On or before December 10, 2019, this Settlement Agreement shall be signed by all Parties and, no later than December 13, 2019, the Parties shall submit this Settlement Agreement to the Court for preliminary approval. The Settlement Agreement shall be submitted by filing a Joint Motion for Preliminary Approval of Proposed Settlement signed by or on behalf of the Class, Plaintiffs and BBUSA, with a proposed form of order attached thereto that will include the Court’s preliminary approval of the Settlement Agreement and a determination that the settlement is fair, reasonable and adequate. 5.2 At the preliminary approval hearing, BBUSA shall not object to the appointment of Plaintiffs as Class Representatives and the appointment of Xxx X. Xxxxxx Xxxx of Xxxxx & Associates and Xxxxx X. Xxxxxxxxxxx and Xxxxxx X. Xxxxxxx of Xxxxxxxxxx Xxxxxx & Xxxxx LLP as Class Counsel.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 18 8. The Court has reviewed the Settlement Agreement and the proposed Class Notice, 19 which is attached as an exhibit to the Settlement Agreement. The Court finds, on a preliminary 20 basis, that the Settlement Agreement appears to be within the range of reasonableness of a 21 settlement that could ultimately be given final approval by this Court. It appears to the Court on a 22 preliminary basis that: 23 a. The settlement amount is fair and reasonable to all Class Members when 24 balanced against the probable outcome of further litigation relating to liability and damages issues; 25 b. Extensive and costly investigation and research have been conducted such 26 that counsel for the parties at this time are reasonably able to evaluate their respective positions; 27 c. Settlement at this time will avoid additional substantial costs, such as those 28 that have already been incurred by both parties, as well as avoid the delay and risks that would be 1 presented by the further prosecution of this litigation; and 2 d. The proposed settlement has been reached as the result of intensive, serious, 3 and non-collusive arm’s-length negotiations. 4 9. The Court further approves the following representative group of employees as 5 governed by the Settlement Agreement with respect to the PAGA Claim:
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. A. Unless otherwise provided herein, the terms used in this Order are defined in accordance with the definitions of such terms set forth in the Settlement Agreement. B. The terms of the Settlement Agreement are hereby preliminarily approved, subject to further consideration at the Final Approval Hearing provided for herein. The Court finds that the Settlement encompassed by the Settlement Agreement is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class, raises no obvious reasons to doubt its fairness, and raises a reasonable basis for presuming that the Settlement and its terms satisfy the requirements of Federal Rules of Civil Procedure 23(c)(2) and 23(e) and due process so that Notice of the Settlement should be given.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 9 1. The Court has reviewed the Settlement Agreement, pleadings, and proceedings to 10 date in this matter. The definitions in the Settlement Agreement are hereby incorporated as though 11 fully set forth in this Order, and capitalized terms shall have the meanings attributed to them in the
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. AND ESTABLISHING NOTICE PROCEDURES PURSUANT TO RULE 7023 This matter comes before the Court on the Motion of Plaintiffs, Obasi Investment Limited, Jingli (Jude) Xxxx, Xxxxx Xxxxxxx Xxxxxxx, Xxxxx Xx, and Xxxxx Xxxxxx (collectively, the “Obasi Group” and the “Lead Plaintiffs”), individually and on behalf of others that are similarly- situated, by counsel, for Entry of An Order Granting Preliminary Approval of the Settlement Agreement and Establishing Notice Procedures pursuant to Rule 7023 (the “Motion”), and the Xxxxxx X. Xxxxxxxx, III, Esq. (VSB No. 31698) Xxxxxxxx X. Xxxx, Esq. (VSB No. 47522) Xxxxx X. Xxxxxxxxx, Esq. (VSB No. 80307) Xxxxxx Xxxx PC 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 7.1 On or before October _, 2022, this Settlement Agreement shall be signed by all Parties and the Parties shall submit this Settlement Agreement to the Court for preliminary approval. This submission shall be made by means of a Joint Motion for Preliminary Approval of Proposed Settlement signed by or on behalf of the Class, the Plaintiffs, and BCBSLA with a proposed form Preliminary Approval Order attached thereto, which order of preliminary approval will include the Court’s preliminary approval of the Settlement Agreement, a preliminary determination that the settlement set forth therein is fair, reasonable, and adequate, and provisions specifying notice to the Class as contemplated by La. C.C.P. art. 594. The Preliminary Approval Order shall be substantially in the form attached hereto as Exhibit 2.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 1. The Court preliminarily approves the proposed Settlement Agreement, including the Allocation Decision, because the Parties have shown, and the Court concludes, that, pursuant to Federal Rule of Civil Procedure 23(e)(1)(B)(i), the Court will likely be able to grant final approval and find that the Settlement Agreement is fair, reasonable, and adequate, including that (i) Plaintiffs and Plaintiffs’ Class Counsel have adequately represented the Class, (ii) the Subclass representatives and Allocation Counsel have adequately represented their respective Subclasses, (iii) the Settlement Agreement was entered into in good faith, free of collusion, through significant arm’s-length negotiations assisted by the experienced Court-Appointed Economic Loss Settlement Mediator; (iv) the Allocation Decision was reached through arm’s-length negotiations and presentations from Allocation Counsel and then determined by the Court-Appointed Economic Loss Settlement Mediator; (v) the relief provided for the Class and each Subclass is adequate taking into account the costs, risks, and delay of trial and appeal and the effectiveness of distributing relief; and (vi) the Settlement Agreement and Allocation Decision treat Class Members equitably relative to each other. 2. The Court authorizes establishment of the Common Fund in accordance with the terms of the Qualified Settlement Fund Trust Agreement, which is attached to the Settlement Agreement as Exhibit 7. The Common Fund is established as a “qualified settlement fund” within the meaning of Section 468B of the Internal Revenue Code and the Treasury Regulations thereunder. The Common Fund shall be operated in a manner consistent with the rules of Treasury Regulation Section 1.468B-1, et seq. The Court shall retain continuing jurisdiction and supervision over the Common Fund, in accordance with the terms of the Qualified Settlement Fund Trust Agreement. The Court appoints Flora Bian of JND Legal Administration as Qualified Settlement Fund Administrator and Trustee to carry out all duties and responsibilities of the Qualified Settlement Fund Administrator and Trustee as specified in the Settlement Agreement, the Qualified Settlement Fund Trust Agreement and herein.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. The Court hereby grants the parties’ joint motion for preliminary approval.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. The Court preliminarily finds that the settlement of the Action, on the terms and conditions set forth in the Settlement Agreement, is in all respects fundamentally fair, reasonable, adequate, and in the best interest of the Settlement Class Members, especially in light of the benefits to the Settlement Class Members; the strength of the parties’ cases; the complexity, expense, and probable duration of further litigation; the risk and delay inherent in possible appeals; the risk of collecting any judgment obtained on behalf of the Settlement Class; the appropriateness of the releases from the Class Representatives and Settlement Class Members; and the limited amount of any potential total recovery for Settlement Class Members if the Action continued.
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Related to PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT

  • 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.

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

  • 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 Settlement Statement Seller and Buyer shall execute and deliver the Preliminary Settlement Statement.

  • MOTION FOR PRELIMINARY APPROVAL The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • Sale Order The Sale Order shall, among other things, (a) approve, pursuant to sections 105, 363 and 365 of the Bankruptcy Code, (i) the execution, delivery and performance by Sellers of this Agreement, (ii) the sale of the Acquired Assets to Buyer on the terms set forth herein and free and clear of all Encumbrances (other than Permitted Encumbrances), and (iii) the performance by Sellers of their obligations under this Agreement, (b) authorize and empower Sellers to assume and assign to Buyer the Transferred Contracts, (c) find that Buyer is a “good faith” purchaser within the meaning of section 363(m) of the Bankruptcy Code, find that Buyer is not a successor to any Seller, and grant Buyer the protections of section 363(m) of the Bankruptcy Code, (d) find that Buyer shall have no Liability or responsibility for any Liability or other obligation of any Seller arising under or related to the Acquired Assets other than as expressly set forth in this Agreement, including successor or vicarious Liabilities of any kind or character, including any theory of antitrust, environmental, successor, or transferee Liability, labor law, de facto merger, or substantial continuity, (e) find that Buyer has provided adequate assurance (as that term is used in section 365 of the Bankruptcy Code) of future performance in connection with the assumption of the Transferred Contracts, (f) find that Buyer shall have no Liability for any Excluded Liability, (g) find that the consideration provided by Buyer pursuant to this Agreement constitutes reasonably equivalent value and fair consideration for the Acquired Assets, (h) find that Buyer and Sellers did not engage in any conduct which would allow this Agreement to be set aside pursuant to section 363(n) of the Bankruptcy Code and (i) order that, notwithstanding the provisions of the Federal Rules of Bankruptcy Procedures 6004(h) and 6006(d), the Sale Order is not stayed and is effective immediately upon entry. Buyer agrees that it will promptly take such actions as are reasonably requested by any Seller to assist in obtaining Bankruptcy Court approval of the Sale Order, including furnishing affidavits or other documents or information for filing with the Bankruptcy Court for purposes, among others, of (A) demonstrating that Buyer is a “good faith” purchaser under section 363(m) of the Bankruptcy Code and (B) establishing adequate assurance of future performance within the meaning of section 365 of the Bankruptcy Code.

  • Support Agreement CFSC will not terminate, or make any amendment or modification to, the Support Agreement which, in the determination of the Agent, adversely affects the Banks’ interests pursuant to this Agreement, without giving the Agent and the Banks at least thirty (30) days prior written notice and obtaining the written consent of the Majority Banks.

  • State Approval of Replacement Personnel The Engineer may not replace the project manager or key personnel without prior consent of the State. The State must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the State determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the State within forty-five (45) days.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • NON-ACCEPTANCE OF SETTLEMENT AGREEMENT If, for any reason whatsoever, this Settlement Agreement is not accepted by the Hearing Panel or an Order in the form attached as Schedule “A” is not made by the Hearing Panel, each of Staff and the Respondent will be entitled to any available proceedings, remedies and challenges, including proceeding to a disciplinary hearing pursuant to sections 20 and 24 of By- law No. 1, unaffected by this Settlement Agreement or the settlement negotiations.

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