PROCEDURES FOR SETTLEMENT APPROVAL Sample Clauses

PROCEDURES FOR SETTLEMENT APPROVAL. A. The Parties shall use their best efforts to effectuate this Agreement, including cooperating in drafting the preliminary approval documents and securing the prompt, complete, and final dismissal, with prejudice, of the Lawsuit. B. Preliminary Approval 1. As soon as practicable, the Parties shall jointly move the Court for preliminary approval of the Settlement; for authorization to publish the Publication Notice and to disseminate the Summary Notice contemplated by this Agreement to all members of the Settlement Class; and for a stay of all proceedings in the consolidated Lawsuit, except in connection with this Agreement as set forth herein (the “Motion”). The Motion shall include the proposed Preliminary Approval Order, proposed forms of the Summary Notice, Publication Notice, and Claim Form, and the methods and proposed dates of their dissemination to the Settlement Class, and the proposed schedule through final approval of the Agreement. 2. The deadlines established in the proposed Preliminary Approval Order are as follows: a. 42 days after entry of the Preliminary Approval Order: The Settlement Administrator shall begin emailing and then mailing the Summary Notice. b. 49 days after entry of the Preliminary Approval Order: The Settlement Administrator shall publish the Publication Notice. c. 56 days after entry of the Preliminary Approval Order: Class Counsel shall file their Fee Petition, which shall also be posted on the Settlement Website. d. 63 days after entry of the Preliminary Approval Order: The Settlement Administrator shall file with the Court a declaration of compliance with the notice requirements, including a statement of the number of persons to whom the Summary Notice was emailed and mailed. e. 91 days after entry of the Preliminary Approval Order: Any objectors shall file objections, together with all supporting memoranda and other material, with the Court, and serve that filing on Class Counsel and counsel for Defendant. This includes objections to: certification of the Settlement Class, the designation of Plaintiffs as Class Representatives, the appointment of Class Counsel, the Settlement, the Agreement, and Class Counsel’s Fee Petition. Objections must comply with Section VII of this Agreement to be valid. f. 91 days after entry of the Preliminary Approval Order: Requests by Settlement Class Members to be excluded from the Settlement must be either postmarked by the U.S. Postal Service (in the case of mailed exclusions) or actuall...

PROCEDURES FOR SETTLEMENT APPROVAL. This Agreement and the Settlement embodied herein are subject to Final Approval by the Court, substantially in the form of the proposed Final Approval Order and Judgment attached hereto as Exhibit G. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Viridian with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order and Judgment entered by the Court. 1. If no Party timely elects to terminate, then the Parties shall remain bound to the Settlement as so modified. For purposes of this paragraph, a “material modification” is one that significantly affects the rights or obligations of one or more of the Parties. Without limiting the foregoing and by way of illustration only, material modifications include but are not limited to: (1) any change to the scope of the Released Claims set forth in this Settlement Agreement; (2) any material change to the Final Approval Order and Judgment, which limits or reduces any of the protections afforded to Viridian, (3) any increase in the cost of the settlement to be borne by Viridian to be determined at the sole discretion of Viridian; (4) any material change to the benefits; and/or (5) any material change to the forms of the Class Notice, notice plan, claim process, or Claim Form available to Settlement Class Members. No order or action of the Court pertaining to attorneys’ fees or expenses shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of settlement to be borne by Viridian, and does not require that Viridian do anything not specifically set forth herein, or is one that significantly affects the rights or obligations of one or more of the Parties. Similarly, no order, action, or modification of the Court pertaining to the Named Plaintiff Service Awards shall be considered to constitute a material modification so long as such order, action, or modification does not increase the cost of Settlement to be borne by Viridian, and does not require that Viridian do anything not specifically set forth herein. Any dispute as to the materiality of any modification or proposed modification of this Agreement, other than those specific items listed in (1) through (5) above, shall be resolved by the Court.

PROCEDURES FOR SETTLEMENT APPROVAL. Electronically Filed - ▇▇▇▇▇▇ - December 12, 2017 - 12:08 PM

PROCEDURES FOR SETTLEMENT APPROVAL. 4.1. The Parties shall use their best efforts to effectuate this Master Settlement Agreement, including cooperating in drafting the preliminary approval documents and securing the prompt, complete, and final dismissal, with prejudice, of the Lawsuit.

PROCEDURES FOR SETTLEMENT APPROVAL. 11.1 This Agreement and the Settlement embodied herein are subject to Final Approval by the Court. If the Settlement is approved, the Court will enter a judgment dismissing the claims against Defendant with prejudice. The Parties waive any right to appeal or collaterally attack a Final Approval Order and Judgment entered by the Court. 11.2 If this Agreement or any part of it is materially modified by the Court or is materially modified upon appeal or remand, any of the Parties may terminate this Agreement pursuant to Paragraph 16. 1. If no Party timely elects to terminate then the Parties shall remain bound to the Settlement as so modified. For purposes of this paragraph, a “material 11.3 No order or action of the Court pertaining to Attorneys’ Fees and Costs shall be considered to constitute a material modification so long as such order, action, or modification does not require that Defendant do anything not specifically set forth herein, or is one that significantly affects the rights or obligations of one or more of the Parties.

PROCEDURES FOR SETTLEMENT APPROVAL. 20 A. The Parties shall use their best efforts to effectuate this Agreement, 21 including cooperating in drafting the preliminary approval documents 22 and securing the prompt, complete, and final judgment of the Lawsuit 23 that incorporates the terms of this Agreement as set forth in the attached 24 proposed order and judgment.

PROCEDURES FOR SETTLEMENT APPROVAL