Preliminary Settlement Approval and Final Approval Sample Clauses
Preliminary Settlement Approval and Final Approval. 3.1 As soon as practicable after the execution of the Class Settlement Agreement, Settlement Class Counsel shall file a motion seeking entry of a Preliminary Approval Order. A proposed Preliminary Approval Order shall be submitted with the motion and shall be substantially in the form set forth in Exhibit D. The motion for Preliminary Approval shall request that the Court, inter alia:
(a) Stay all proceedings in the Litigation other than those related to approval of the Class Settlement Agreement;
(b) Stay and/or enjoin, pending Final Approval of the Class Settlement Agreement, any actions brought by Settlement Class Members concerning the Released Claims;
(c) Preliminarily certify the Settlement Class and the California Settlement Subclass for settlement purposes only;
(d) Preliminarily approve the terms of the Class Settlement Agreement as fair, adequate, and reasonable;
(e) Appoint Representative Plaintiffs as the Settlement Class representatives for settlement purposes only;
(f) Appoint Settlement Class Counsel as counsel for the Settlement Class for settlement purposes only;
(g) Approve the notice program, as set forth in Paragraph 4 herein and set the dates for the Claims Deadline, Opt-Out Deadline, and Objection Deadline;
(h) Approve the form and contents of a long form notice (“Long Notice”) to be posted on the settlement website substantially similar to the one attached hereto as Exhibit B, and a Summary Notice to be sent via First Class Mail to Settlement Class Members(“Summary Notice”), substantially similar to the one attached hereto as Exhibit C, which together shall include a fair summary of the Settling Parties’ respective litigation positions, the general terms of the settlement set forth in the Class Settlement Agreement, instructions for how to object to or submit a Request for Exclusion from the settlement, the process and instructions for filing a Claim Form, and the date, time and place of the Final Approval Hearing;
(i) Approve a Claim Form substantially similar to that attached hereto as Exhibit A;
(j) Appoint a Claims Administrator; and
(k) Schedule the Final Approval Hearing.
3.2 CaptureRx will consent to the entry of the Preliminary Approval Order so long as it is substantially in the form attached to this Class Settlement Agreement as Exhibit D and is otherwise consistent with this Class Settlement Agreement.
Preliminary Settlement Approval and Final Approval. As soon as practicable after the execution of the Settlement Agreement, 24 Settlement Class Counsel shall file a motion seeking entry of a Preliminary Approval Order
Preliminary Settlement Approval and Final Approval