Common use of Preliminary Approval Order and Settlement Hearing Clause in Contracts

Preliminary Approval Order and Settlement Hearing. 5.1. Within fifteen (15) calendar days of the execution of this Stipulation, Lead Counsel shall submit this Stipulation and its exhibits to the Court and shall apply for preliminary approval of the Settlement set forth in this Stipulation, entry of the Preliminary Approval Order, approval for the dissemination of notice, and the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions of the Plan of Allocation and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated or otherwise provided to Settlement Class Members. Defendants shall not object to, or have any responsibility for, Lead Counsel’s proposed Plan of Allocation. 5.2. At the time of the submission described in ¶ 5.1 hereof, Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, after the Notice is provided and the Settlement Class Members are notified of the Settlement, the Court hold the Settlement Hearing and (i) approve the Settlement as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”). At least seven (7) calendar days before the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with the Court an affidavit or declaration regarding compliance with the CAFA notice requirements.

Preliminary Approval Order and Settlement Hearing. 5.1. Within fifteen (15) calendar days 5.1 Promptly after execution of the execution of this Stipulation, Lead Counsel the Settling Parties shall submit this the Stipulation and together with its exhibits Exhibits to the Court and shall apply for entry of an order (the “Preliminary Approval Order”), in the form of Exhibit A hereto, requesting, inter alia, certification of the settlement class, preliminary approval of the Settlement set forth in this the Stipulation, entry of the Preliminary Approval Order, and approval for distributing the dissemination Notice of notice, Pendency and Proposed Settlement of Class Action (the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits substantially “Notice”) in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); Exhibits A-1 and (iii) Summary Notice (Exhibit A-3)A-3 hereto. The Notice shall include the general terms of the Settlement set forth in the Stipulation, the proposed Plan of Allocation, the general terms of the Fee and Expense Application and the provisions date of the Settlement Hearing. 5.2 Lead Counsel shall request that after notice is given, the Court hold a hearing (the “Settlement Hearing”) and approve the settlement of the Litigation as set forth herein. At or after the Settlement Hearing, Lead Counsel also will request that the Court approve the Plan of Allocation and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date Fee and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated or otherwise provided to Settlement Class Members. Defendants shall not object to, or have any responsibility for, Lead Counsel’s proposed Plan of AllocationExpense Application. 5.2. 5.3 At the time of the submission described in ¶ 5.1 hereof, Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, after the Notice is provided and the Settlement Class Members are notified of the Settlement, the Court hold the Settlement Hearing and (i) approve the Settlement as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”). At least seven (7) calendar days before the Settlement Hearing, Defendants the Settling Parties shall cause jointly request entry of a Judgment, in the form attached hereto as Exhibit B: (a) finally approving the settlement as fair, reasonable, and adequate, within the meaning of Rule 23 of the Federal Rules of Civil Procedure, and directing its consummation pursuant to its terms; (b) directing that the Litigation be served on dismissed without costs and with prejudice, and releasing, as against the Released Persons, the Released Claims; (c) permanently barring and enjoining the institution and prosecution, by Lead Counsel Plaintiff, the Class Members, or any of their Related Parties, of any other action against the Released Persons in any court or any other forum or proceeding asserting any Released Claims; (d) reserving jurisdiction over the Litigation, including all future proceedings concerning the administration, consummation and filed enforcement of this Stipulation; and (e) containing such other and further provisions consistent with the Court an affidavit or declaration regarding compliance with terms of this Stipulation to which the CAFA notice requirementsSettling Parties expressly consent in writing.

Preliminary Approval Order and Settlement Hearing. 5.14.1. Within fifteen (15) calendar days of the Promptly after execution of this Stipulation, Lead Counsel shall submit this Stipulation and together with its exhibits Exhibits to the Court and shall apply for preliminary approval entry of an order (the “Preliminary Approval Order”), substantially in the form of Exhibit A attached hereto, requesting, 4.2. Defendants shall provide to the Claims Administrator, at no cost to Lead Plaintiff or the Settlement set forth in this StipulationClass, within ten (10) business days of entry of the Preliminary Approval Order, approval for transfer records in electronic searchable form, such as Excel, containing the dissemination names and addresses of noticePersons who purchased or otherwise acquired HCSG publicly traded common stock during the Settlement Class Period. 4.3. It shall be solely Lead Counsel’s responsibility to disseminate the Notice and Summary Notice to the Class in accordance with this Stipulation and as ordered by the Court. Settlement Class Members shall have no recourse as to the Released Persons with respect to any claims they may have that arise from any failure of the notice process. 4.4. Lead Counsel shall request that after notice is given, and not earlier than ninety (90) days after the scheduling later of the dates on which the appropriate Federal official and the appropriate State officials are provided with notice pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. 1715, et seq. (CAFA) (“CAFA Notice”), that the Court hold a hearing for final approval (the “Settlement Hearing”) and approve the Settlement of the SettlementAction as set forth herein. The Preliminary Approval Order to be submitted to At or after the Settlement Hearing, Lead Counsel also will request that the Court shall contain approve the exhibits substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions of the proposed Plan of Allocation and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date Fee and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated or otherwise provided to Settlement Class Members. Defendants shall not object to, or have any responsibility for, Lead Counsel’s proposed Plan of AllocationExpense Application. 5.24.5. At Defendants, via the time of the submission described in ¶ 5.1 hereofClaims Administrator, Lead Counsel shall requestshall, with the consent of Defendants and on behalf of all Parties, that, after the Notice is provided and the Settlement Class Members are notified of the Settlement, the Court hold the Settlement Hearing and (i) approve the Settlement as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No no later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause serve upon the Claims Administrator to serve, on behalf appropriate State official of all Defendants each state in which a Settlement Class Member resides and the Attorney General of the United States a notice required under of the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”). At least seven (7) calendar days before the proposed Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with the Court an affidavit or declaration regarding in compliance with the requirements of CAFA. The costs of the CAFA notice requirementsNotice and administering the CAFA Notice will be paid by Defendants separate from the payment of the Settlement Amount as set forth in ¶ 3.1 above.

Preliminary Approval Order and Settlement Hearing. 5.16.1. Within fifteen (15) calendar days of the execution of this Stipulation, Lead Counsel shall submit this the Stipulation and its exhibits to the Court and shall apply for entry of the Preliminary Approval Order in the form of Exhibit A attached hereto, requesting, inter alia, the preliminary approval of the Settlement set forth in the Stipulation. Though the parties agree that it is not practical to establish a timeline or to create the detailed contents of a Notice at this Stipulationtime, entry the eventual Notice, to also be approved by the Court prior to distribution, will set forth a summary of the Preliminary Approval Order, approval for the dissemination of notice, and the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions Stipulation (including a description of the Released Class Claims); the proposed Plan of Allocation and shall set forth Lead Counsel’s request for attorneys’ fees, costs and expenses; the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing Hearing; the right to object to the Settlement, proposed Plan of Allocation, or request for fees and expenses; the right to appear at the Settlement Hearing; and the right to request exclusion from the Settlement Class. 6.2. It shall be added the Claims Administrator’s responsibility, under supervision of Lead Counsel, to disseminate the Long Notice and Summary Notice before they are disseminated or otherwise provided to in accordance with this Stipulation and as ordered by the Court. Settlement Class Members. Defendants Members shall not object tohave no recourse as to the Released Alcon Parties, or counsel for Alcon, Plaintiffs, and Plaintiffs’ Counsel with respect to any claims they may have that arise from any responsibility for, Lead Counsel’s proposed Plan failure of Allocationthe notice process. 5.26.3. At the time of the submission described in ¶ 5.1 hereof, Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, request that after the Notice notice is provided and given to the Settlement Class Members are notified of the SettlementClass, the Court hold a hearing (the “Settlement Hearing Hearing”) and (i) approve the Settlement of the Action as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”)herein. At least seven (7) calendar days before or after the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with also shall request that the Court an affidavit or declaration regarding compliance with approve the CAFA notice requirementsproposed Plan of Allocation and the Fee and Expense Award and, if requested, the Plaintiffs’ Service Award.

Preliminary Approval Order and Settlement Hearing. 5.1. Within fifteen As soon as practicable after execution of this Stipulation, and no later than five (155) calendar days of Business Days after the execution of this the Stipulation, Lead Counsel shall submit this Stipulation and its exhibits to the Court and shall apply for preliminary approval of the Settlement set forth in this Stipulation, entry of the Preliminary Approval Order, a preliminary approval for the dissemination of notice, and the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits order substantially in the form set forth in: (i) of Exhibit A, and approval for the Long mailing and dissemination of notice and Proof of Claim form substantially in the form of Exhibits A-1, A-2, and A-3. The mailed Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions of the Plan of Allocation Allocation, and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated it is mailed or otherwise provided to Potential Settlement Class MembersMembers (defined below). Defendants shall not object to, or and Defendants and the other Defendants’ Releasees shall not have any responsibility for, Lead Counsel’s Counsel’s‌ proposed Plan of Allocation. 5.2. At the time of the submission described in ¶ 5.1 hereof, Lead Counsel Plaintiff, through its counsel, shall request, with the consent of Defendants and on behalf of all Parties, request that, after the Notice is provided and the Settlement Class Members are notified of the Settlementprovided, the Court hold the Settlement Hearing and (i) approve the Settlement as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, Judgment as promptly after the Settlement Hearing as possible. 5.3. No later The Judgment shall contain a bar order (“Bar Order”) substantially in the form set forth in Exhibit B that shall, upon the Effective Date, to the fullest extent provided by law, bar all future claims and claims over by any individual or entity against any of the Defendants’ Releasees, and by the Defendants’ Releasees against any individual or entity, for (a) contribution or indemnity (or any other similar claims or claims over, however denominated on whatsoever theory) arising out of or related to, or premised on the factual allegations underlying the claims asserted by Lead Plaintiff in the Action, or (b) any other claim of any type arising out of, related to, or premised on the factual allegations underlying the claims asserted by Lead Plaintiff in the Action, whether arising under state, federal, common, or foreign law, for which the injury claimed is that person’s or entity’s actual or threatened liability to Lead Plaintiff and/or members of the Settlement Class; provided, however, the Bar Order shall not release nor bar any of the Excluded Plaintiffs’ Claims or claims for contribution or indemnity (or any other similar claims or claims over however denominated on whatsoever theory) arising out of, related to, or premised on the factual allegations underlying the Excluded Plaintiffs’ Claims. The Bar Order shall also provide that any final verdict or judgment to which the Bar Order applies (i.e., any final verdict or judgment pertaining to a claim against an individual or entity other than ten Defendants’ Releasees arising out of or related to, or premised on the factual allegations underlying the claims asserted by Lead Plaintiff in the Action) that may be obtained by or on behalf of the Settlement Class or a Settlement Class Member against any individual or entity subject to the Bar Order (10i.e., to whom the Bar Order applies) calendar days following shall be reduced by the filing greater of: (a) an amount that corresponds to the percentage of responsibility of Defendants for common damages; or (b) the amount paid by or on behalf of Defendants to the Settlement Class or Settlement Class Member for common damages. Inclusion of the Bar Order in the Judgment is material to the Parties’ decision to participate in this Stipulation. If the Judgment fails to include the Bar Order, or if appellate review of the Bar Order is sought and on such review the Bar Order is vacated, modified, or reversed, then the conditions of this Stipulation with shall not be met and any of the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”). At least seven (7) calendar days before Settling Parties may terminate the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed consistent with the Court an affidavit or declaration regarding compliance with the CAFA notice requirements¶ 10 below.

Preliminary Approval Order and Settlement Hearing. 5.16.1. Within fifteen (15) calendar days of the execution of this Stipulation, Lead Counsel shall submit this the Stipulation and its exhibits to the Court and shall apply for entry of the Preliminary Approval Order in the form of Exhibit A attached hereto, requesting, inter alia, the preliminary approval of the Settlement set forth in the Stipulation. Though the parties agree that it is not practical to establish a timeline or to create the detailed contents of a Notice at this Stipulationtime, entry the eventual Notice, to also be approved by the Court prior to distribution, will set forth a summary of the Preliminary Approval Order, approval for the dissemination of notice, and the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions Stipulation (including a description of the Released Class Claims); the proposed Plan of Allocation and shall set forth Lead Counsel’s request for attorneys’ fees, costs and expenses; the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing Hearing; the right to object to the Settlement, proposed Plan of Allocation, or request for fees and expenses; the right to appear at the Settlement Hearing; and the right to request exclusion from the Settlement Class. 6.2. It shall be added the Claims Administrator’s responsibility, under supervision of Lead Counsel, to disseminate the Long Notice and Summary Notice before they are disseminated or otherwise provided to in accordance with this Stipulation and as ordered by the Court. Settlement Class Members. Defendants Members shall not object tohave no recourse as to the Released JJVCI Parties, or counsel for JJVCI, Plaintiffs, and Plaintiffs’ Counsel with respect to any claims they may have that arise from any responsibility for, Lead Counsel’s proposed Plan failure of Allocationthe notice process. 5.26.3. At the time of the submission described in ¶ 5.1 hereof, Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, request that after the Notice notice is provided and given to the Settlement Class Members are notified of the SettlementClass, the Court hold a hearing (the “Settlement Hearing Hearing”) and (i) approve the Settlement of the Action as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”)herein. At least seven (7) calendar days before or after the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with also shall request that the Court an affidavit or declaration regarding compliance with approve the CAFA notice requirementsproposed Plan of Allocation and the Fee and Expense Award and, if requested, the Plaintiffs’ Service Award.

Preliminary Approval Order and Settlement Hearing. 5.1. Within fifteen (15) calendar days 3.1 Promptly after execution of the execution of this StipulationSettlement Agreement, Lead Counsel the Parties shall submit this Stipulation and the Settlement Agreement together with its exhibits Exhibits to the Court and shall apply for preliminary approval of the Settlement set forth in this Stipulation, entry of the Preliminary Approval Order, approval for substantially in the dissemination form of noticeExhibit A hereto, and the scheduling of a hearing for final requesting, inter alia, (1) preliminary approval of the Settlement. The Preliminary Approval Order to be submitted to , (2) approval of the Court shall contain the exhibits Notice for mailing, substantially in the form set forth in: of Exhibit A-1 hereto, (i3) the Long Notice (Exhibit A-1); (ii) approval of the Proof of Claim form to be executed by Class Members in making a claim under the Settlement, substantially in the form of Exhibit A-2 hereto; (4) approval of a form of Summary Notice for publication, substantially in the form of Exhibit A-2); A-3 hereto, and (iii5) Summary Notice (Exhibit A-3)that a Settlement Hearing be set for the Court’s final consideration of approval of the Settlement, the Plan of Allocation, and the Fee and Expense Application. The Notice shall include the general terms of the Settlement and the provisions of the Plan of Allocation and shall as set forth in this Settlement Agreement, the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated or otherwise provided to Settlement Class Members. Defendants shall not object to, or have any responsibility for, Lead Counsel’s proposed Plan of Allocation, the general terms of the Fee and Expense Application and the date of the Settlement Hearing. 5.2. At the time of the submission described in ¶ 5.1 hereof, 3.2 Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, request that after the Notice notice is provided and the Settlement Class Members are notified of the Settlementgiven, the Court hold the Settlement Hearing and (i) approve the Settlement as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”)herein. At least seven (7) calendar days before or after the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with also will request that the Court an affidavit or declaration regarding compliance with approve the CAFA notice requirementsproposed Plan of Allocation and the Fee and Expense Application. 3.3 The Parties will request that the Court schedule the Settlement Hearing on a date: (a) after Class Members have received notice; and

Preliminary Approval Order and Settlement Hearing. 5.16.1. Within fifteen (15) calendar days of the execution of this Stipulation, Lead Counsel shall submit this the Stipulation and its exhibits to the Court and shall apply for entry of the Preliminary Approval Order in the form of Exhibit A attached hereto, requesting, inter alia, the preliminary approval of the Settlement set forth in the Stipulation. Though the parties agree that it is not practical to establish a timeline or to create the detailed contents of a Notice at this Stipulationtime, entry the eventual Notice, to also be approved by the Court prior to distribution, will set forth a summary of the Preliminary Approval Order, approval for the dissemination of notice, and the scheduling of a hearing for final approval of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof of Claim (Exhibit A-2); and (iii) Summary Notice (Exhibit A-3). The Notice shall include the general terms of the Settlement and the provisions Stipulation (including a description of the Released Class Claims); the proposed Plan of Allocation and shall set forth Lead Counsel’s request for attorneys’ fees, costs and expenses; the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date and time of the Settlement Hearing Hearing; the right to object to the Settlement, proposed Plan of Allocation, or request for fees and expenses; the right to appear at the Settlement Hearing; and the right to request exclusion from the Settlement Class. 6.2. It shall be added the Claims Administrator’s responsibility, under supervision of Lead Counsel, to disseminate the Long Notice and Summary Notice before they are disseminated or otherwise provided to in accordance with this Stipulation and as ordered by the Court. Settlement Class Members. Defendants Members shall not object tohave no recourse as to the Released ABB Parties, or counsel for ABB, Plaintiffs, and Plaintiffs’ Counsel with respect to any claims they may have that arise from any responsibility for, Lead Counsel’s proposed Plan failure of Allocationthe notice process. 5.26.3. At the time of the submission described in ¶ 5.1 hereof, Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, request that after the Notice notice is provided and given to the Settlement Class Members are notified of the SettlementClass, the Court hold a hearing (the “Settlement Hearing Hearing”) and (i) approve the Settlement of the Action as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”)herein. At least seven (7) calendar days before or after the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with also shall request that the Court an affidavit or declaration regarding compliance with approve the CAFA notice requirementsproposed Plan of Allocation and the Fee and Expense Award and, if requested, the Plaintiffs’ Service Award.

Preliminary Approval Order and Settlement Hearing. 5.1. Within fifteen (15) calendar days of the 3.1 Immediately following execution of this Stipulation, Lead Counsel shall submit this Stipulation and together with its exhibits Exhibits to the Court and shall apply for entry of an order (the “Preliminary Approval Order”), substantially in the form of Exhibit A attached hereto, requesting, inter alia, certification of the Settlement Class for settlement purposes, the preliminary approval of the Settlement set forth in this Stipulation, entry of the Preliminary Approval Order, and approval for the dissemination of notice, and the scheduling mailing of a hearing for final approval settlement notice (the “Notice”) and publication of the Settlement. The Preliminary Approval Order to be submitted to the Court shall contain the exhibits a summary notice (“Summary Notice”), substantially in the form set forth in: (i) the Long Notice (Exhibit A-1); (ii) the Proof forms of Claim (Exhibit A-2); Exhibits A-1 and (iii) Summary Notice (Exhibit A-3)A-3 attached hereto. The Notice shall include the general terms of the Settlement set forth in this Stipulation, the proposed Plan of Allocation, the general terms of the Fee and Expense Application, as defined in ¶6.1 hereof, and the provisions date of the Settlement Hearing, as defined below. 3.2 Within ten (10) business days after entry of the Preliminary Approval Order, Graña y Xxxxxxx shall provide to the Claims Administrator, at no cost to Plaintiffs or the Settlement Class, reasonably available transfer records in electronic searchable form, such as Excel, containing the names and addresses of Persons who purchased or otherwise acquired Graña y Xxxxxxx ADS during the Class Period. It shall be solely Lead Counsel’s responsibility to disseminate the Notice and Summary Notice to the Settlement Class in accordance with this Stipulation and as ordered by the Court. Settlement Class Members shall have no recourse as to the Released Defendant Parties with respect to any claims they may have that arise from any failure of the notice process. Copies of all requests for exclusion from the Settlement Class and/or objections received by the Claims Administrator (or other person designated to receive exclusion requests) shall be provided to Defendants’ Counsel on a rolling basis within five (5) business days of receipt and no later than fourteen (14) calendar days prior to the Settlement Hearing. 3.3 Lead Counsel shall request that, after notice is given and not earlier than ninety (90) calendar days after the later of the dates on which the appropriate Federal official and the appropriate State officials are provided with notice pursuant to the CAFA, 28 U.S.C. §1715 et seq., the Court hold a hearing (the “Settlement Hearing”) and approve the Settlement of the Litigation as set forth herein. At or after the Settlement Hearing, Lead Counsel also will request that the Court approve the proposed Plan of Allocation and shall set forth the procedure by which recipients of the Notice may object to the Settlement or the Plan of Allocation or request to be excluded from the Settlement Class. The date Fee and time of the Settlement Hearing shall be added to the Long Notice and Summary Notice before they are disseminated or otherwise provided to Settlement Class Members. Defendants shall not object to, or have any responsibility for, Lead Counsel’s proposed Plan of AllocationExpense Application. 5.2. At the time of the submission described in ¶ 5.1 hereof, Lead Counsel shall request, with the consent of Defendants and on behalf of all Parties, that, after the Notice is provided and the Settlement Class Members are notified of the Settlement, the Court hold the Settlement Hearing and (i) approve the Settlement as set forth herein and (ii) enter a final order and judgment substantially in the form of Exhibit B hereto, as promptly after the Settlement Hearing as possible. 5.3. No later than ten (10) calendar days following the filing of this Stipulation with the Court, Defendants shall serve, or cause the Claims Administrator to serve, on behalf of all Defendants the notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 et seq. (“CAFA”). At least seven (7) calendar days before the Settlement Hearing, Defendants shall cause to be served on Lead Counsel and filed with the Court an affidavit or declaration regarding compliance with the CAFA notice requirements.