Common use of PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER Clause in Contracts

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement. 61. Plaintiff, 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, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 62. 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 at least 150 days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 63. At least fourteen days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6057. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6158. Plaintiff, 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 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6259. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6360. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement. 61. Plaintiff, through 8 8.1 Class Counsel, Counsel shall submit this Settlement Agreement, Agreement together with its exhibits, Exhibits to the Court 9 and shall move the Court for Preliminary Approval of an order preliminarily approving the Settlement set forth in this Settlement 10 Agreement, certification of the Settlement ClassClass for settlement purposes only, appointment of 11 Class Counsel and the Class Representative, and entry approval for the dissemination of the Notice and 12 Summary Notice. The order granting Preliminary Approval Ordershall authorize the Parties, substantially without 13 further approval from the Court, to agree to and adopt such amendments, modifications, and 14 expansions of the Agreement and its implementing documents (including all Exhibits to this 15 Agreement) within one hundred eighty (180) days of final approval so long as they are consistent 16 in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance all material respects with the Notice Planorder granting Preliminary Approval and do not limit the rights of 17 the Settlement Class. 62. 18 8.2 At the time of the submission of this Settlement Agreement to the Court as described abovein Section 8.1, the Parties Class Counsel shall request 19 that, after Notice is given, the Court hold a the Final Approval Hearing at least 150 no earlier than ninety (90) 20 days after entry of the Preliminary Approval Order CAFA notice is served, or such other time as the Court shall set, and finally 21 approve the settlement of the Litigation Action as set forth hereinin this Agreement. 63. At least fourteen days prior to 22 8.3 After Notice is given, the Final Approval Hearing, or by some other date if so directed by Parties shall request and obtain from the Court, Plaintiff 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 Court a Final Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.Final

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6047. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement. 6148. Plaintiff, 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 settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, appointment of JND as Settlement Administrator, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB hereto, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with this Agreement. Defendant shall not oppose Plaintiff’s motion for preliminary approval of the Notice PlanSettlement, and shall take all steps reasonably necessary to secure preliminary approval of the Settlement. 6249. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6350. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order and Judgment identical in all material respects to the proposed Final Approval OrderOrder and Judgment attached hereto as Exhibit C, and file a memorandum in support of the motion for final approval. Defendant shall not oppose Plaintiff’s motion for final approval of the Settlement, and shall take all steps reasonably necessary to secure final approval of the Settlement.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6056. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendants shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6157. Plaintiff, 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 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 62. FILED DATE: 11/18/2019 1:44 PM 2019CH08517 58. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 63. At least fourteen days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6049. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House The Parties shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement AgreementSettlement. 6150. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Planplan. 6251. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Underlying Action as set forth herein. 6352. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for for: (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order and Judgment identical in all material respects to the proposed Final Approval OrderOrder and Judgment attached hereto as Exhibit C, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6072. This Settlement Agreement shall be subject to and conditioned on final approval of by the Court. As set forth in Section VXIV, Xxxxxxx House either Party shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6173. PlaintiffPlaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EA, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6274. 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 at least 150 days approximately one week after entry of the Preliminary Approval Order Claims Deadline, and approve the settlement of the Litigation as set forth herein. 63. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so so, directed by the Court, Plaintiff Plaintiffs will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment consistent with Section XIII below, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6064. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House either Party shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6165. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6266. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6367. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6078. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6179. PlaintiffPlaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, conditional certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Planapplicable notice provisions of this Agreement. Defendant shall not oppose the Motion for Preliminary Approval. 6280. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the Unopposed Motion for Preliminary Approval. 81. Should the Court decline to preliminarily approve any material aspect of the Settlement Agreement, the Settlement Agreement will be null and void, and the Parties will have no further obligations under the Agreement, and the Parties will revert to their prior positions in the Litigation as if the Settlement had not occurred. 82. 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 at least 150 approximately one hundred twenty (120) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6383. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for for: (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6068. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6169. PlaintiffPlaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6270. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6371. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiffs will move for (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6053. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section Vthis Agreement, Xxxxxxx House Defendants shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement, which include, but are not limited to, the scope of the release and amounts under the Agreement. 6154. Plaintiff, 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, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with the Notice Planprovisions in Paragraph 48 and elsewhere in this Agreement. 6255. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Settlement as set forth herein. 6356. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiff, through Class Counsel, will move for for: (1a) final approval Final Approval of the SettlementSettlement Agreement; (2b) final Final appointment of the Class Representatives Representative and Class Counsel; and (3c) final Final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approvalFinal Approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6055. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section Vthis Agreement, Xxxxxxx House Defendants shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement, which include, but are not limited to, the scope of the release and amounts under the Agreement. 6156. Plaintiff, 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, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with the Notice Planprovisions in Paragraph 50 and elsewhere in this Agreement. 6257. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Settlement as set forth herein. 6358. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiff, through Class Counsel, will move for for: (1a) final approval Final Approval of the SettlementSettlement Agreement; (2b) final Final appointment of the Class Representatives Representative and Class Counsel; and (3c) final Final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approvalFinal Approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 61. Plaintiff, 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 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 62. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 63. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. 7.1 This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V12, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 61. Plaintiff7.2 Plaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval preliminary approval of the Settlement settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EC, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Planapplicable notice provisions of this Settlement Agreement. 62. 7.3 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, that the Court hold a Final Approval Hearing at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 63. 7.4 At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiffs will move for for: (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand final judgment, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6062. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Counter-Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6163. PlaintiffCounter-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 settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with the Notice Planplan. 6264. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Consolidated Actions as set forth herein. 6365. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Counter-Plaintiffs, through Class Counsel, will move for for: (1a) final approval Final Approval of the SettlementSettlement Agreement; (2b) final Final appointment of the Class Representatives and Class Counsel; and (3c) final Final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approvalFinal Approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6055. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXII, Xxxxxxx House the Facility Defendants shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6156. PlaintiffPlaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with Agreement and its exhibits, Exhibits to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit ED, which order shall seek set a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice PlanNotices. 6257. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6358. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiffs will move for for: (1a) final approval of the SettlementSettlement Agreement; (2b) final appointment of the Class Representatives and Class Counsel; and (3c) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval OrderOrder attached hereto as Exhibit E, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6059. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIII, Xxxxxxx House Counter-Defendants shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6160. PlaintiffCounter-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 settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with the Notice Planplan. 6261. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Consolidated Actions as set forth herein. 6362. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Counter-Plaintiffs, through Class Counsel, will move for for: (1a) final approval Final Approval of the SettlementSettlement Agreement; (2b) final Final appointment of the Class Representatives and Class Counsel; and (3c) final Final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approvalFinal Approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6081. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXV, Xxxxxxx House either Party shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6182. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement 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, substantially in the form of Exhibit EA, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6283. 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 at least 150 days approximately one week after entry of the Preliminary Approval Order Claims Deadline, and approve the settlement of the Litigation as set forth herein. 63. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment consistent with Section XIV below, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 60. 7.1 This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 61. 7.2 Plaintiff, 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 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, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with the Notice Planplan. 62. 7.3 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Action as set forth herein. 63. 7.4 At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiff, through Class Counsel, will move for for: (1a) final approval Final Approval of the SettlementSettlement Agreement; (2b) final Final appointment of the Class Representatives Representative and Class Counsel; and (3c) final Final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approvalFinal Approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6048. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement. 6149. Plaintiff, 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 settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, appointment of JND Settlement Administrator as Settlement Administrator, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB hereto, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with this Agreement. Defendant shall not oppose Plaintiff’s motion for preliminary approval of the Notice PlanSettlement, and shall take all steps reasonably necessary to secure preliminary approval of the Settlement. 6250. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6351. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order and Judgment identical in all material respects to the proposed Final Approval OrderOrder and Judgment attached hereto as Exhibit C, and file a memorandum in support of the motion for final approval. Defendant shall not oppose Plaintiff’s motion for final approval of the Settlement, and shall take all steps reasonably necessary to secure final approval of the Settlement.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6051. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House The Parties shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement AgreementSettlement. 6152. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6253. 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 at least 150 approximately eighty (80) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6354. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6058. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement AgreementSettlement. 6159. Plaintiff, 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 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, substantially in the form of Exhibit EExhibit2, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6260. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6361. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6054. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section Vthis Agreement, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement, which include, but are not limited to, the scope of the release and amounts under the Agreement. 6155. PlaintiffPlaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibit, 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 RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit E, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with the Notice Planprovisions in Paragraph 48 and elsewhere in this Agreement. 6256. 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 at least 150 approximately 90 days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Settlement as set forth herein. 6357. At least fourteen seven days prior to the Final Approval Hearing, or by some other date if so directed by the CourtPlaintiffs, Plaintiff through Class Counsel, will move for for: (1a) final approval Final Approval of the SettlementSettlement Agreement; (2b) final Final appointment of the Class Representatives Representative and Class Counsel; and (3c) final Final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approvalFinal Approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6068. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6169. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, conditional certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Planapplicable notice provisions of this Agreement. Defendant shall not oppose the Motion for Preliminary Approval. 6270. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the Unopposed Motion for Preliminary Approval. 71. Should the Court decline to preliminarily approve any material aspect of the Settlement Agreement, the Settlement Agreement will be null and void, the Parties will have no further obligations under the Agreement, and the Parties will revert to their prior positions in the Litigation as if the Settlement had not occurred. 72. 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 at least 150 approximately one hundred ten (110) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6373. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for for: (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6048. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House The Parties shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement AgreementSettlement. 6149. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6250. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation Underlying Action as set forth herein. 6351. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order and Judgment identical in all material respects to the proposed Final Approval OrderOrder and Judgment attached hereto as Exhibit C, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6077. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendants each shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6178. PlaintiffPlaintiffs, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class RepresentativeRepresentatives, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Planapplicable notice provisions of this Agreement. 6279. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6380. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff Plaintiffs will move for for: (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approval.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6059. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement AgreementSettlement. 6160. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement 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, substantially in the form of Exhibit EC, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Plan. 6261. 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 at least 150 approximately eighty (80) days after entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6362. At least fourteen seven (7) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6077. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXVI, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6178. Plaintiff, through Class Counsel, shall submit this Settlement Agreement, together with its exhibitsExhibits, to the Court and shall move the Court for Preliminary Approval of the Settlement settlement set forth in this Settlement Agreement, conditional certification of the Settlement Class, appointment of Class Counsel and the Class Representative, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form for dissemination in accordance with the Notice Planapplicable notice provisions of this Agreement. Defendant shall not oppose the Motion for Preliminary Approval. 6279. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear and support the granting of the Unopposed Motion for Preliminary Approval. 80. Should the Court decline to preliminarily approve any material aspect of the Settlement Agreement, the Settlement Agreement will be null and void, the Parties will have no further obligations under the Agreement, and the Parties will revert to their prior positions in the Litigation as if the Settlement had not occurred. 81. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6382. At least fourteen ten (10) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for for: (1i) 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 Approval Order identical in all material respects to the proposed Final Approval Order, and file a memorandum in support of the motion for final approval.;

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6048. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section V, Xxxxxxx House shall have the right to withdraw from the Settlement Agreement if the Court does not approve any material aspects of the Settlement Agreement. 6149. Plaintiff, 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 settlement set forth in this Settlement Agreement, certification of the Settlement Class, appointment of Class Counsel and the Class Representative, appointment of JND as Settlement Administrator, and entry of the Preliminary Approval Order, substantially in the form of Exhibit EB hereto, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Form Notice for dissemination in accordance with this Agreement. Defendant shall not oppose Plaintiff’s motion for preliminary approval of the Notice PlanSettlement, and shall take all steps reasonably necessary to secure preliminary approval of the Settlement. 6250. 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 at least 150 approximately ninety (90) days after entry of the Preliminary Approval Order and approve the settlement Settlement of the Litigation as set forth herein. 6351. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for (1i) final approval of the Settlement; (2ii) final appointment of the Class Representatives Representative and Class Counsel; and (3iii) final certification of the Settlement Class, including for the entry of a Final Approval Order and Judgment identical in all material respects to the proposed Final Approval OrderOrder and Judgment attached hereto as Exhibit C, and file a memorandum in support of the motion for final approval. Defendant shall not oppose Plaintiff’s motion for final approval of the Settlement and shall take all steps reasonably necessary to secure final approval of the Settlement.

PRELIMINARY APPROVAL ORDER AND FINAL APPROVAL ORDER. 6052. This Settlement Agreement shall be subject to approval of the Court. As set forth in Section VXIV, Xxxxxxx House Defendant shall have the right to withdraw from the Settlement Agreement if the Court does not approve any the material aspects of the Settlement Agreement. 6153. Plaintiff, 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 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, substantially in the form of Exhibit EB, which order shall seek a Final Approval Hearing date and approve the Notices and Claim Dark Web Monitoring Election Form for dissemination in accordance with the Notice Plan. 6254. 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 at least 150 within approximately ninety (90) days after of entry of the Preliminary Approval Order and approve the settlement of the Litigation as set forth herein. 6355. At least fourteen (14) days prior to the Final Approval Hearing, or by some other date if so directed by the Court, Plaintiff will move for for: (1a) final approval of the SettlementSettlement Agreement; (2b) final appointment of the Class Representatives Representative and Class Counsel; and (3c) final certification of the Settlement Class, including for the entry of a Final Approval Order identical in all material respects to the proposed Final Approval Orderand Judgment, and file a memorandum in support of the motion for final approval.