Common use of Preliminary Approval Clause in Contracts

Preliminary Approval. 9.2.1. Within ten (10) calendar days after the Settlement Date, Class Counsel shall submit to the Court a motion, which shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking entry of the Order Granting Preliminary Approval in the form of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretion. The motion shall seek (a) preliminary certification, for settlement purposes only, of the Settlement Class; (b) Preliminary Approval of the Settlement; (c) approval of the form of Notice (attached as Exhibit E); (d) approval of the Notice Plan (attached as Exhibit G); (e) appointment of Class Counsel; (f) appointment of Class Representatives; (g) appointment of the Notice Administrator; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedings. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibits.

Preliminary Approval. 9.2.1. Within ten (10) calendar days 2.01 As soon as possible after the Settlement Dateexecution of this Agreement, and in no event later than _______________, 2007 (unless the date is extended by agreement or Court order), Class Counsel shall submit to move the Court a motion, which shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking entry of the Order Granting Preliminary Approval for an order substantially in the form of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretion. The motion shall seek D hereto (a) preliminary certificationpreliminarily approving the Settlement memorialized in this Agreement as fair, reasonable and adequate, including the material terms of this Agreement; (b) certifying the Class for settlement purposes only, and as defined herein; (c) setting a date for a final approval hearing (“Fairness Hearing”); (d) approving the proposed Class Notice that is attached as Exhibit B, and authorizing its dissemination as set forth in the Agreement; (e) approving the proposed form of Publication Notice that is attached as Exhibit E, and authorizing its publication as set forth in this Agreement; (f) approving the requirement that Class Members file a claim form in order to obtain a Settlement Benefit, and the form of Claim Form attached as Exhibit A; (g) setting deadlines consistent with this Agreement for mailing of the Settlement Class; (b) Preliminary Approval Class Notices, publication of the Publication Notice, submission of Claim Forms, filing of objections, filing of motions to intervene, opting out of the Settlement, filing papers in connection with the Fairness Hearing, and the consideration of the approval or disapproval of the Settlement; (ch) approval confirming the appointment of Xxxxx X. and Xxxxx X. XxXxxx and Xxxxx X. and Xxxxxxx X. Xxxxx as class representatives and Class Counsel as counsel for the Class; and (i) appointing the Settlement Administrator. First Horizon will not oppose the entry of the Preliminary Approval order, provided that it is substantially in the form of Notice Exhibit D hereto. 2.02 The Parties will propose that the Fairness Hearing be held no less than ninety (attached as Exhibit E); (d90) approval days of the Notice Plan (attached as Exhibit G); (e) appointment of Class Counsel; (f) appointment of Class Representatives; (g) appointment deadline established in paragraph 2.06 for the mailing of the Notice Administrator; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedingsClass Notice. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibits.

Preliminary Approval. 9.2.1As soon as reasonably possible and subject to any relevant Court Order, upon the full execution of this Settlement Agreement by the Settling Parties, the Class Representative, through Class Counsel, shall file with the Court motions seeking preliminary approval of this Settlement Agreement and for entry of the Preliminary Approval Order in substantially the form attached hereto as Exhibit C. Defendants will not object to these motions, provided that Class Counsel provides drafts to Defendants’ Counsel reasonably ahead of the filing date for their review and approval. Within ten The Preliminary Approval Order to be presented to the Court shall, among other things: 2.2.1. Certify the Settlement Class for settlement purposes only under Fed. R. Civ. P. 23(b)(1); 2.2.2. Approve the text of the Settlement Notice for mailing to Class Members; 2.2.3. Determine that under Fed. R. Civ. P. 23(c)(2), the Settlement Notice constitutes appropriate notice under the circumstances, provides due and sufficient notice of the Fairness Hearing and of the rights of all Class Members, and complies fully with the requirements of Fed. R. Civ. P. 23, the Constitution of the United States, and any other applicable law; 2.2.4. Cause the Settlement Administrator to send by first-class mail the Settlement Notice to each Class Member identified by the Settlement Administrator based upon the data provided by the Plans’ Recordkeeper; 2.2.5. Provide that, pending final determination of whether the Settlement Agreement should be approved, no Class Member may directly, through Representatives, or in any other capacity, commence any action or proceeding in any court or tribunal asserting any of the Released Claims against Defendants, the Released Parties, and/or the Plans; 2.2.6. Set the Fairness Hearing for no sooner than one hundred twenty (10120) calendar days after the Settlement Date, Class Counsel shall submit to date on which the Court a motion, which shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking entry of the Order Granting Preliminary Approval Order is issued, in the form of Exhibit A, with any modifications acceptable order to all Class Representatives and Settling Defendants in their individual discretion. The motion shall seek determine whether (a) preliminary certification, for settlement purposes only, of the Court should approve the Settlement Classas fair, reasonable, and adequate; (b) Preliminary Approval of the SettlementCourt should enter the Final Order; and (c) approval the Court should approve the application for Attorneys’ Fees and Costs, Class Representative’s Case Contribution Award, Administrative Expenses incurred to date, and a reserve for anticipated future Administrative Expenses; 2.2.7. Provide that any objections to any aspect of the Settlement Agreement shall be heard, and any papers submitted in support of said objections shall be considered, by the Court at the Fairness Hearing if they have been filed validly with the Clerk of the Court and copies provided to Class Counsel and Defense Counsel. To be filed validly, the objection and any notice of intent to participate or supporting documents must be filed at least twenty-one (21) calendar days prior to the scheduled Fairness Hearing. Any Person wishing to speak at the Fairness Hearing shall file and serve a notice of intent to participate within the time limitation set forth above; 2.2.8. Provide that any party may file a response to an objection by a Class Member at least seven (7) calendar days before the Fairness Hearing; 2.2.9. Provide that the Fairness Hearing may, without further direct notice to the Class Members, other than by notice to Class Counsel, be adjourned or continued by order of the Court; and 2.2.10. Approve the form of Notice (attached as Exhibit E); (d) approval of the Notice Plan (attached as Exhibit G); (e) appointment of Class Counsel; (f) appointment of Class Representatives; (g) appointment of the Notice Administrator; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedings. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the CAFA Notice attached as Exhibit EE and order that upon mailing of the CAFA Notices, or any other attached ExhibitsDefendants shall have fulfilled their obligations under CAFA.

Preliminary Approval. 9.2.1(a) Immediately after the Examination and Approval Authority issues the preliminary approval related to this Contract and the Articles of Association and any of their attachments or appendixes with respect to the Application (the “Preliminary Approval”), DDI shall notify MNGA of the same by facsimile with a copy of the Preliminary Approval to MNGA simultaneously, and MNGA will pass them to the HyFuels. (b) If the Examination and Approval Authority requires any amendments to this Contract or the Articles of Association or any of their attachments or appendices with respect to the Application, the Parties shall promptly consult with each other and decide whether to make such amendments as required by the Examination and Approval Authority. Within ten If the Parties agree to make such amendment as required, they shall execute an amended version of the relevant document, reflecting the amendments agreed by the Parties within sixty (1060) calendar days after the Settlement Datereceipt of the Examination and Approval Authority’s notice of amendment, Class Counsel and DDI shall submit apply to the Court a motion, which shall be consistent with this Settlement Agreement Examination and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking entry of Approval Authority for the Order Granting Preliminary Approval in thereof within five (5) days after the form execution of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretionsuch amended version of such document. The motion Parties shall seek (a) preliminary certification, for settlement purposes only, of try their best to agree with each other about the Settlement Class; (b) Preliminary Approval of the Settlement; amendments. (c) approval If the Parties accept both the format and content prescribed in the Preliminary Approval, DDI shall, within seven (7) days after issuance of the form Preliminary Approval, apply to the Examination and Approval Authority for issuance of Notice (attached as Exhibit E); (d) approval a Certificate of the Notice Plan (attached as Exhibit G); (e) appointment Approval for Establishment of Class Counsel; (f) appointment of Class Representatives; (g) appointment of the Notice Administrator; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons Enterprises with Foreign Investment in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against PRC (the filing “Certificate of any new such proceedingsApproval”). 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibits.

Preliminary Approval. 9.2.1. Within ten As soon as practicable, but no later than seven (107) calendar days after following the full execution of this Agreement by all Parties provided that the Obligation to Meet and Xxxxxx set forth in paragraph 13.7 below is satisfied, Settlement Date, Class Counsel shall submit promptly move the Court for entry of a Preliminary Approval Order. A proposed Preliminary Approval Order shall be attached to the Court a motion, which motion and shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking entry of the Order Granting Preliminary Approval substantially in the form of set forth in Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretion. E. The motion for Preliminary Approval shall seek (a) preliminary certificationrequest that the Court, among other things: 5.1.1 Preliminary approval of the terms of the Settlement as fair, adequate, and reasonable; 5.1.2 Provisionally certify the Settlement Class pursuant to FED. R. CIV. P. 23 for settlement purposes only, appoint Plaintiffs as the Settlement Class Representatives of the Settlement Class and appoint Settlement Class Counsel as counsel for the Settlement Class; ; 5.1.3 Approve the Notice Program set forth in Paragraph 7 and provide that following the Preliminary Approval Order the Settlement Administrator shall cause the Notice to be provided in accordance with the procedures set forth in Paragraph 7.1 within twenty-one (b21) Preliminary days of preliminary approval; 5.1.4 Approve the procedures set forth in Paragraph 7.10 and Paragraph 7.11 for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement or Fee Application; 5.1.5 Find that the Court will retain jurisdiction over all claims relating to this Agreement; 5.1.6 Stay the Action pending Final Approval of the Settlement; (c) approval of the form of Notice (attached as Exhibit E); (d) approval of the Notice Plan (attached as Exhibit G); (e) appointment of Class Counsel; (f) appointment of Class Representatives; (g) appointment of the Notice Administrator; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedings. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibits.;

Preliminary Approval. 9.2.1Plaintiff and Defendants shall use their best efforts to effectuate this Agreement. Within ten (10) calendar days after the Settlement Date, Class Counsel The Plaintiff shall submit file an unopposed motion to the Court a motionfor preliminary approval of the settlement and certification for settlement purposes only of the Indirect Purchaser Class sought pursuant to Section C above. The Parties will further present to the Court the proposed Preliminary Approval Order attached as Ex. A hereto, which shall be consistent will provide for, by, or in connection with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to opposeAgreement, seeking entry of the Order Granting Preliminary Approval in the form of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretion. The motion shall seek inter alia: (a) preliminary certification, for settlement purposes only, approval of the Settlement Classsettlement; (b) Preliminary Approval of the Settlement; (c) approval of the form of Notice (attached as Exhibit E); (d) approval of the Notice Plan (attached as Exhibit G); (e) appointment of Class Counsel; (fb) appointment Certification of an Indirect Purchaser Class Representativesfor settlement purposes only; (gd) appointment dissemination of the Settlement Notice Administratorand Summary Notice; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (ne) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Action against Defendants, and an ; (f) a preliminary injunction against Plaintiffs and Indirect Purchaser Class Members for commencing or proceeding with any action that includes allegations or claims within the scope of the Release as described in Section E below prior to the Effective Date; (g) specifying the terms for objections; and (h) setting a date for a fairness hearing to determine whether to finally approve the settlement. Within ten (10) days of the filing of any new such proceedings. 9.2.2the Motion for Preliminary Approval, the Administrator shall, on behalf of all Parties to this Agreement, notify federal and state officials as specified in 28 U.S.C. §§ 1715(a) & (b). The Parties agree to take all actions reasonably necessary cooperate to obtain Preliminary Approval; provided, however, that no Party shall be required attempt to agree to any modification provide reasonable estimates of the numbers of Indirect Purchaser Class Members residing in each State, to the extent feasible, pursuant to 28 U.S.C. §1715(b)(7)(A) and (B). The Parties will also provide the Court the proposed Final Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibitsand Judgment.

Preliminary Approval. 9.2.1. Within ten (10) calendar days after The Parties will use their best efforts to obtain Preliminary Approval from the Court of the Settlement, certification of the Settlement DateClass as agreed upon, Class Counsel shall submit and approval of the forms and methods for providing notice to the Settlement Class, by entry of an order (the “Preliminary Approval Order”) by applying to the Court a motion, which shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking for entry of the Order Granting Preliminary Approval in Order, which will provide for, among other things: 1. Preliminarily approving the form of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretionSettlement;‌ 2. The motion shall seek (a) preliminary certificationConditionally certifying, for settlement purposes of the Settlement only, the Settlement Class as agreed upon herein; 3. Setting a hearing (the “Fairness Hearing”), upon notice to members of the Settlement Class; , to determine whether the proposed Settlement should be approved as fair, reasonable, and adequate to the members of the Settlement Class and the Action dismissed on its merits and with prejudice; 4. Prescribing the method of giving notice to members of the Settlement Class; 5. Approving the form of notice to members of the Settlement Class (bthe “Class Notice”); 6. Prescribing a period of time during which the Settlement Class Members may file Exclusion Requests; 7. Prescribing a period of time during which the Settlement Class Members may serve written objections to the Settlement and/or the application of an award of attorneys’ fees and/or reimbursement of expenses by Class Counsel; 8. Prescribing periods of time during which the Settlement Class Members must obtain the eighteen months of free Credit Watch Gold as provided by this Settlement Agreement; 9. Providing that, pending final determination of whether the Settlement should be approved, neither Xx. Xxxxxxxxx, Xx. Xxxxxxxxxxx, Xx. Xxxx, nor any member of the Settlement Class either directly, representatively, or in any other capacity, shall commence or prosecute any action or proceeding in any court or tribunal asserting any of the Released Claims against Equifax and any other of the Released Parties (as those persons and entities have been defined herein) Preliminary Approval unless such person has Opted-Out of this Action according to the terms of this Settlement;‌ 10. Providing that any objections to (i) the Settlement; (cii) approval entry of a judgment approving the Settlement; and/or (iii) Class Counsel’s award of attorneys’ fees and reimbursement of expenses shall be heard (and any papers submitted in support of said objection(s) shall be considered by the Court at the Fairness Hearing) only if, on or before a date to be specified in the Preliminary Approval Order, such person(s) making such objection(s) shall file and serve notice of his or her intention to appear (which shall set forth briefly each objection and all reasons and substantiation therefore) and copies of any papers in support of such person(s’) position(s) as set forth in the Preliminary Approval Order; and 11. Upon the Effective Date of the form of Notice Settlement (attached as Exhibit Edefined above); (d) approval , any member of the Notice Plan (attached as Exhibit G); (e) appointment of Settlement Class Counsel; (f) appointment of who does not properly and timely request exclusion from the Settlement Class Representatives; (g) appointment of the Notice Administrator; (h) appointment of the Claims Administrator; (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedings. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required bound by any and all judgments and settlements entered or approved by the Court whether favorable or unfavorable to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached ExhibitsSettlement Class.

Preliminary Approval. 9.2.111.1. Within ten sixty (1060) calendar days after of the Settlement Dateexecution of this Agreement by all Parties, Class Plaintiffs and Plaintiffs’ Counsel shall submit to move the Court a motion, which shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking for entry of the Order Granting a Preliminary Approval Order substantially in the form of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretion. The motion shall seek B hereto (a) preliminary certificationpreliminarily approving the Settlement Case 8:16-cv-01626-DOC-KES Document 32-1 Filed 10/10/17 Page 13 of 53 Page ID #:155 memorialized in this Agreement as fair, reasonable, and adequate; (b) certifying the Class for settlement purposes only, ; (c) setting a date for the Final Approval Hearing; (d) approving and authorizing the dissemination of the Settlement Classproposed Class Notice that is attached as Exhibit A; (be) Preliminary approving the requirement that Class Members may submit a Claim Form, and the form of Claim Form included in the Class Notice attached as Exhibit A; (f) setting deadlines for providing the Class Notices, submission of Claim Forms, filing of objections, filing of motions to intervene, opting out of the Settlement, and filing papers in connection with the Final Approval Hearing and the consideration of the approval or disapproval of the Settlement; (c) approval of the form of Notice (attached as Exhibit E); (d) approval of the Notice Plan (attached as Exhibit G); (e) appointment of Class Counsel; (f) appointment of Class Representatives; (g) appointment of appointing the Notice AdministratorPlaintiffs as Class Representatives and Class Counsel as counsel for the settlement Class; (h) appointment of appointing the Claims Settlement Administrator; and (i) appointment of the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) entering a stay of all proceedings brought by Releasing Persons the Action. 11.2. OCO will not oppose the entry of a Preliminary Approval Order in the MDL and form of Exhibit B hereto (or in other Litigation in any forum as a form otherwise agreed to Settling Defendantsby all of the Parties), and Plaintiffs will file an injunction against the filing unopposed motion in support of any new such proceedings. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibits.

Preliminary Approval. 9.2.1. Within ten (10) calendar days after The Parties shall jointly request Preliminary Approval of the Settlement Date, Class Counsel shall submit to the Court a motion, which shall be consistent with this Settlement Agreement and which Settling Defendants shall have a reasonable right to review but agree not to oppose, seeking through entry of the Order Granting Preliminary Approval an order in the form of Exhibit A, with any modifications acceptable to all Class Representatives and Settling Defendants in their individual discretionA. Plaintiff shall file a motion for Preliminary Approval as soon as practicable after execution of this Agreement. The motion shall seek Preliminary Approval Order submitted to the Court shall: (a) preliminary certificationamend the prior certification order as shown in Exhibit A to, for settlement purposes onlyinter alia, provide that the class includes only Vested Participants and Beneficiaries of Vested Participants who are currently entitled to benefits and that the Settlement Class; certified claims include all claims that were or could have been brought in the Litigation; (b) Preliminary Approval preliminarily approve the Settlement Agreement as fair, reasonable and adequate and in the best interests of the Settlement; Plaintiff and the Class; (c) approval of approve as the best notice practicable and as due and sufficient notice the form of Notice (attached as Exhibit E); 1 to the Preliminary Approval Order; (d) approval stay all proceedings in the Litigation other than proceedings necessary for the presentation of the Notice Plan (attached as Exhibit G); Settlement Agreement at the Fairness Hearing; (e) approve the appointment of Class Counsel; Rust Consulting, Inc. as Settlement Administrator, to assist the Parties in the administration of the Settlement; (f) appointment of establish dates for (i) filing the Fee and Expense Application; (ii) filing objections to the Settlement Agreement or Class RepresentativesCounsel’s Fee and Expense Application; (iii) filing responses to any such objections; and (iv) the Fairness Hearing; and (g) appointment preliminarily enjoin Plaintiff and the Class from commencing or prosecuting, except through the Litigation, any of the Notice Administrator; (h) appointment Released Claims, in further aid of the Claims Administrator; (i) appointment of Court’s jurisdiction to implement and enforce the Special Master; (j) appointment of the Escrow Agent; (k) approval of the Escrow Agreement; (l) establishment of the Qualified Settlement Fund; (m) scheduling of the Final Fairness Hearing, and (n) a stay of all proceedings brought by Releasing Persons in the MDL and in other Litigation in any forum as to Settling Defendants, and an injunction against the filing of any new such proceedingsSettlement. 9.2.2. The Parties agree to take all actions reasonably necessary to obtain Preliminary Approval; provided, however, that no Party shall be required to agree to any modification of the Order Granting Preliminary Approval attached as Exhibit A, the Notice attached as Exhibit E, or any other attached Exhibits.