Settlement Approval. The approval of the Master Servicer need not be requested for disposition of insurance loss settlements and the Servicer may disburse the loss proceeds as provided herein.
Settlement Approval. The approval of the Master Servicer need not be requested for disposition of insurance loss settlements where property damage is $10,000 or less, and the Servicer may disburse the loss proceeds as provided herein. The Master Servicer must be notified before disposition of any insurance loss settlement involving property damage over $10,000.
Settlement Approval. 61. Upon execution of this Agreement by all Parties, Class Counsel shall promptly move the Court for a Preliminary Approval Order. The proposed Preliminary Approval Order shall be attached to the motion, or otherwise filed with the Court, and shall be in a form agreed to by Class Counsel and Defendant. The Motion for Preliminary Approval shall, among other things, request that the Court: (1) preliminarily approve the terms of the Settlement as being within the range of fair, adequate, and reasonable; (2) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23, for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the Notices of the Settlement; (4) approve the procedures set forth herein for Settlement Class members to exclude themselves from the Settlement Class or for Settlement Class Members to object to the Settlement; (5) stay the Action pending Final Approval of the Settlement; and (6) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for Defendant, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, and costs and for a Service Award to the Class Representatives.
Settlement Approval. The indemnifying party may not enter into any settlement agreement without the indemnified party’s written consent.
Settlement Approval. 113. Upon execution of this Agreement by all Parties, Settlement Class Counsel shall promptly move for an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice of the proposed Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be attached to the motion shall be in a form agreed upon by Settlement Class Counsel and TD Bank. The motion for preliminary approval shall request that the Court: (1) find that it is likely to approve the terms of the Settlement under Rule 23(e)(2); (2) find that it will likely be able to certify the Settlement Classes for purposes of judgment on the Settlement for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the Notices of the Settlement; (4) approve the procedures set forth in Section VIII hereof and in the Notice Program for Members of the Settlement Classes to exclude themselves from the Settlement Class or to object to the Settlement; (5) appoint as Class Counsel and as Settlement Class Counsel the law firms and attorneys listed in Section II of this Agreement, and appoint the Plaintiffs listed in the Settlement as representatives of the Settlement Class; (6) stay the Action pending Final Approval of the Settlement; and (7) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel and counsel for TD Bank, at which the Court will conduct an inquiry to determine whether the proposed Settlement is fair, reasonable and adequate after considering the factors listed in Rule 23(e)(2), and whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, and expenses and for Service Awards to Plaintiffs.
Settlement Approval. The Settlement Agreement, including the Long-Form Notice, Postcard Notice and Claim Form attached to the Settlement Agreement as Exhibits 2-4 are preliminarily approved.
Settlement Approval. 13.1. Plaintiff shall apply to the Court for entry of the proposed Preliminary Approval Order and setting of a Final Approval Hearing.
13.2. Not later than seven (7) Days before the Final Approval Motion Deadline, the Settlement Administrator will provide the Parties with a declaration that the Class Notice has been disseminated in accordance with the Preliminary Approval Order and identifying the number of Requests for Exclusion to the Settlement, along with the number of claims received to date.
Settlement Approval. Within thirty (30) days of full execution of this Agreement by Plaintiff and Allstate, Plaintiff shall apply to the Court for entry of the proposed Preliminary Approval Order and setting of a Final Approval Hearing. Not less than thirty (30) Days before the Final Approval Motion Deadline, the Administrator will provide Class Counsel and Allstate’s Counsel with an affidavit or declaration by a competent affiant or declarant, attesting that the Class Notice has been disseminated in accordance with the Preliminary Approval Order and identifying the individuals who submitted Requests for Exclusion. Not less than ten (10) Days before the Final Approval Hearing, Class Counsel shall file the affidavit(s) or declaration(s) with the Court. By the Final Approval Motion Deadline, Class Counsel will file a motion seeking the Court’s Final Approval of the Settlement and entry of the Final Approval Order, requesting that the preliminary certification of the Class for settlement purposes only be made final, and requesting the Court to enter a Final Approval Order in the form and content attached as Exhibit F-1, without alteration, which provides for:
(a) Approving the Settlement without alteration, and directing the Parties and counsel to comply with and consummate the terms of this Agreement;
(b) Confirming certification of the Class for settlement purposes only;
(c) Finding that Class Counsel and Plaintiff have adequately represented and protected the interests of the Class;
(d) Finding that the terms of this Agreement are fair, reasonable, and adequate to the Class, and in the best interests of the Class;
(e) Providing that each Settlement Class Member who was not granted exclusion by the Court shall be bound by the provisions of this Agreement and the Final Approval Order, including the Releases set forth in Section 10;
(f) Finding that the Email Notice, Mail Notice, the Settlement Website, and the Publication Notice were reasonable, the best practicable notice under the circumstances, and satisfy the requirements of the Federal Rules of Civil Procedure and the requirements of due process under the United States Constitution, and the requirements of any other applicable rules or law;
(g) Finding that all notices concerning the Settlement required by the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1715, et seq., have been sent and that Allstate has fully complied with the notice requirements under that Act;
(h) Dismissing all claims in the Litigation by Plaintiff ...
Settlement Approval. Subject to the discretion of the Court regarding the approval process, the Parties propose to seek the orders contemplated in this Settlement Agreement as follows. The Parties agree that the applications contemplated in this article may be conducted by videoconference, or by teleconference, as directed by the Court, in consideration inter alia of the COVID-19 pandemic.
Settlement Approval. No later than the thirtieth (30th) business day after the Effective Date, Purchaser shall file an action against Company in the United States District Court or state court of trial jurisdiction in the State of Florida (the “Action”) seeking collection of the Claim. Purchaser shall seek to settle the Action on terms acceptable to Purchaser in its sole discretion find, by appropriate motion or other pleading, shall seek approval from the Court of such settlement.
