Common use of Pursuant to Fed Clause in Contracts

Pursuant to Fed. R. Civ. P. 23(e), the terms of the Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the Class Representative and Class Counsel have adequately represented the class; (B) the Settlement was negotiated at arm’s length; (C) the relief provided for the Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the Class, including the method of processing Class-Member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the Settlement treats Class Members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Pursuant to Fed. R. Civ. P. 23(e), the terms of the Agreement Settlement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the Class Representative class representatives and Class Counsel class counsel have adequately represented the classSettlement Class; (B) the Settlement proposal was negotiated at arm’s length; (C) the relief provided for the Class class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the Classclass, including the method of processing Classclass-Member member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the Settlement proposal treats Class Members class members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Pursuant to Fed. R. Civ. P. 23(e), the terms of the Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the Class Representative Representatives and Class Counsel have adequately represented the class; (B) the Settlement was negotiated at arm’s length; (C) the relief provided for the Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the Class, including the method of processing Class-Member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the Settlement treats Class Members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Appears in 1 contract

Samples: Settlement Agreement

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Pursuant to Fed. R. Civ. P. 23(e), the terms of the Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the Class Representative Representatives and Class Counsel have adequately represented the class; (B) the Settlement was negotiated at arm’s length; (C) the relief provided for the Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal;appeal;‌ (ii) the effectiveness of any proposed method of distributing relief to the Class, including the method of processing Class-Member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the Settlement treats Class Members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Appears in 1 contract

Samples: Settlement Agreement

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