Common use of Settlement Approval Clause in Contracts

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.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Settlement Approval. 11349. Upon execution of this Agreement by counsel for all Parties, Settlement Class Counsel shall promptly move submit for the Court’s consideration a motion seeking an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice for Preliminary Approval of the proposed Settlement (“and entry of a Preliminary Approval Order”). 50. 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 Preliminary Approval shall request that the Court: (1) find that it is likely to approve the terms of the Settlement under Rule Fed. R. Civ. P. 23(e)(2); (2) find that it will likely be able to conditionally certify the Settlement Classes Class for purposes of judgment on the Settlement for settlement purposes onlysettlement; (3) designate Plaintiffs as the representatives of the Settlement Class; (4) appoint Class Counsel; (5) approve the Notice Program set forth herein and approve the form and content of the Notices of the Settlement; (46) approve the procedures set forth in Section VIII VII hereof and in the Notice Program for Settlement Class Members of the Settlement Classes to exclude themselves from the Settlement Class or for Participating Settlement Class Members 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; (67) stay the Action pending Final Approval of the Settlement; and (7) 8) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel Counsel, and counsel for TD Bank, at which the Court will conduct an inquiry to determine whether the proposed Settlement is fair, reasonable reasonable, and adequate after considering the factors listed in Rule Fed. R. Civ. P. 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.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Settlement Approval. 11374. Upon execution of this Agreement by all Parties, Settlement Class Counsel shall promptly Plaintiff will jointly move the Court for an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice granting Preliminary Approval of the proposed this Settlement (“Preliminary Approval Order”). The proposed motion for 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)as within the range of fair, adequate and reasonable; (2) find that it will likely be able to certify the Settlement Classes for purposes Class pursuant to Federal Rule of judgment on the Settlement Civil Procedure 23 for settlement purposes only; (3) appoint Class Counsel as counsel for the Settlement Class; (4) appoint Plaintiff as Class Representative of the Settlement Class; (5) approve the Notice Program set forth herein and approve the form and content of the Notices of the Settlement; (46) approve the procedures set forth in Section VIII hereof and in the Notice Program herein below for Members of the Settlement Classes Class members 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; (67) stay the Action pending Final Approval of the Settlement; and (7) 8) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel and counsel for TD BankAllstate, at which the Court will conduct an inquiry to into the fairness of the Settlement, determine whether the proposed Settlement is fair, reasonable and adequate after considering the factors listed it was made in Rule 23(e)(2)good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, costs and expenses and for a Service Awards Award to Plaintiffsthe Class Representative (“Final Approval Hearing”). 75. Upon filing of the motion requesting issuance of the Preliminary Approval Order, Allstate will provide timely notice of such motion as required by the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. Within a reasonable time thereafter, Allstate will file with the Court a certification of the date(s) on which the CAFA Notice was served.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Approval. 11390. Upon execution Within ten (10) business days of this Settlement Agreement by all Partiesbeing executed, Settlement Class Counsel shall promptly Plaintiffs will move the Court for an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice granting Preliminary Approval of the proposed this Settlement (“Preliminary Approval Order”). The proposed motion for 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)as being within the range of fair, adequate, and reasonable; (2) find that it will likely be able to conditionally certify the Settlement Classes for purposes Class pursuant to Federal Rule of judgment on the Settlement Civil Procedure 23 for settlement purposes only; (3) appoint Class Counsel as counsel for the Settlement Class; (4) appoint the Named Plaintiffs as Class Representatives of the Settlement Class; (5) approve the Notice Program set forth herein and approve the form and content of the Notices of the Settlement; (46) approve the Claim Form; (7) approve the procedures set forth in Section VIII hereof and in the Notice Program herein below for Settlement Class 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) 8) stay the Action Litigation pending Final Approval of the Settlement; and (79) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel Counsel, and counsel for TD BankAMM’s Counsel, at which time the Court will conduct an inquiry to into the fairness of the Settlement, determine whether the proposed Settlement is fair, reasonable and adequate after considering the factors listed it was made in Rule 23(e)(2)good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, and expenses and for Service Awards to Plaintiffsthe Class Representatives (the Final Approval Hearing). 91. Upon the filing of the motion requesting issuance of the Preliminary Approval Order, AMM will provide timely notice of such motion as required by the Class Action Fairness Act, 28 U.S.C. § 1711 et seq. Within a reasonable time thereafter, AMM will file with the Court a certification of the date(s) on which the CAFA Notice(s) were served.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Approval. 11359. Upon execution of this Agreement by all Parties, Settlement Class Counsel shall promptly move file a Motion for an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice of the proposed Settlement (“Preliminary Approval Order”)Approval. 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 Bankthe Parties. The motion Motion for preliminary approval shall Preliminary Approval shall, among other things, request that the Court: (1) find that it is likely to approve the terms of the Settlement under Rule 23(e)(2)as within the range of fair, adequate, and reasonable; (2) find that it will likely be able to provisionally certify the Settlement Classes for purposes of judgment on the Settlement Class pursuant to Fed. R. Civ. P. 23(a) and (b)(3) 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 herein below for Accountholders in the Notice Program for Members of the Settlement Classes Class to exclude themselves opt-out from the Settlement Class or for Settlement Class Members to object to the SettlementSettlement and/or the Application for Attorneys’ Fees, Costs, and Service Award; (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 (76) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel Counsel, and counsel for TD BankDefendant’s Counsel, at which the Court will conduct an inquiry to into the fairness of the Settlement, determine whether the proposed Settlement is fair, reasonable and adequate after considering the factors listed it was made in Rule 23(e)(2)good faith, and determine whether to approve the Settlement and Class Counsel’s application Application for attorneysAttorneysfeesFees, costs, Costs and expenses and for Service Awards to PlaintiffsAward.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Approval. 11345. Upon execution of this Agreement by all Parties, Settlement Class Counsel shall promptly move the Court for an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice of the proposed Settlement (“order granting Preliminary Approval Order”)of this Settlement. 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 BankDefendant. The motion for preliminary approval shall Preliminary Approval shall, among other things, request that the Court: (1) find that it is likely to approve the terms of the Settlement under Rule 23(e)(2)as within the range of fair, adequate, and reasonable; (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; (43) approve the procedures set forth in Section VIII hereof and in the Notice Program herein for Members of the Settlement Classes Class members to exclude themselves opt-out from the Settlement Class Classes, 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; (64) stay the Action pending Final Approval of the Settlement; (5) schedule a hearing for a date and time mutually convenient for the Court, Class Counsel, and counsel for Defendant, at which time the Court will conduct an inquiry with respect to any questions it might have related to the Preliminary Approval of this Settlement; and (76) schedule a Final Approval Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel Counsel, and counsel for TD BankDefendant, at which the Court will conduct an inquiry to into the fairness of the Settlement, determine whether the proposed Settlement is fair, reasonable and adequate after considering the factors listed it was made in Rule 23(e)(2)good faith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, fees and expenses costs and for the Service Awards Award to Plaintiffsthe Class Representative.

Appears in 1 contract

Samples: Settlement Agreement

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Settlement Approval. 113. Upon execution 10 2.1 The Parties shall cooperate in good faith, and agree, subject to their fiduciary and 11 other legal obligations, to take all reasonably necessary steps to obtain the Court’s approval of the 12 terms of this Settlement Agreement. The Parties agree to coordinate proceedings for the approval 13 of the terms of this Settlement Agreement by all Partieswith proceedings for the approval of settlements with 14 other named defendants in the Lawsuit and also with defendants in the Related Lawsuits. 15 2.2 For the purposes of settlement only and the proceedings contemplated herein for 16 effectuating the Settlement Agreement, Plaintiffs shall move the Court to certify the Settlement 17 Class Counsel pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure and this 18 Court’s Procedural Guidance for Class Action Settlements. 19 2.3 Plaintiffs shall promptly move the Court to: (1) designate themselves as Class 20 Representatives and appoint Lieff Cabraser Xxxxxxx & Xxxxxxxxx LLP and Xxxxxx Xxxxx & 21 Xxxxxxx, PLLC as Class Counsel; (2) approve the form and manner of notice to the Settlement 22 Class Members; (3) appoint a Class Settlement Administrator to implement the notice plan and 23 serve as escrow agent as set forth herein; (4) schedule a fairness/final approval hearing to 24 consider the fairness of the Settlement (including as to attorneys’ fees and expenses); and (5) 25 approve a procedure for determining Class Counsel’s request for an Order pursuant award of reasonable 26 attorneys’ fees and expenses subsequent to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice the Court’s consideration of the proposed Settlement (“Preliminary Final Approval Order”). . 27 2.4 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 Parties shall request that the Court: (1) find Final Approval Order be entered as a separate 28 judgment pursuant to Federal Rule of Civil Procedure 54(b). The Parties shall request that it is likely the 3 2.5 The Parties shall request that the Order on Attorneys’ Fees be entered as a separate 4 judgment pursuant to approve Federal Rule of Civil Procedure 54(b). The Parties shall request that the terms 6 subsequent to the Court considering Plaintiffs’ motion for entry 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 PlaintiffsOrder.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Settlement Approval. 1131. Upon Within forty (40) days following the execution of this Settlement Agreement by all Parties, Settlement Class Counsel shall promptly will move the Court for an Order pursuant to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice granting preliminary approval of the proposed this Settlement (“Preliminary Approval Order”). The proposed motion for 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: (1i) find that it is likely to preliminarily approve the terms of the Settlement under Rule 23(e)(2)as within the range of fair, adequate, and reasonable terms; (2ii) find that it will likely be able to provisionally certify the Settlement Classes for purposes of judgment on the Settlement Class for settlement purposes only; (3iii) approve the Notice Program set forth herein and approve the form and content of the Notices of the Settlementattached hereto as Exhibits B-D; (4iv) approve the procedures set forth in Section VIII hereof herein and in the Notice Program for by which Settlement Class Members of the Settlement Classes to may exclude themselves from the Settlement Class or to object to the Settlement; (5v) appoint as Class Counsel and as Settlement Class Counsel the law firms and attorneys listed in Section II of this AgreementSettlement as Class Counsel, and appoint Named Plaintiff as the Plaintiffs listed in the Settlement as representatives Class Representative of the Settlement Class; (6vi) stay the Action pending Final Approval of the Settlementappoint a Settlement Administrator; and (7vii) schedule a Final Approval Hearing hearing for a time and date mutually convenient for the Court and the Parties (“Final Approval Hearing”). The Preliminary Approval Order shall also authorize the Parties, without further approval from the Court, to agree to and adopt such amendments, modifications and expansions of the Settlement Agreement and its implementing documents (including all exhibits) so long as they are consistent in all material respects with the terms of the Settlement Agreement and do not limit or impair the rights of the Settlement Class Counsel or materially expand the obligations of CTBI. FILED DATE: 8/8/2024 8:04 AM 2022CH11832 2. At the hearing on the Motion for Preliminary Approval, the Parties will jointly appear and counsel support the granting of the Motion for TD BankPreliminary Approval. 3. After Notice is given, at which the Parties shall request and seek to obtain from the Court will conduct an inquiry a Final Approval Judgment, which will, inter alia: a. Find that the Court has personal jurisdiction over the Settlement Class Members; b. Find that the Court has subject matter jurisdiction to determine whether the proposed approve this Settlement is Agreement, including any and all Exhibits hereto; c. Approve this Settlement Agreement as fair, reasonable, and adequate as to, and in the best interests of, the Settlement Class Members within the meaning of 735 ILCS 5/2-801; d. Direct the Parties and their respective counsel to implement and consummate this Settlement Agreement according to its terms and provisions; e. Declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Named Plaintiff and Releasing Parties; f. Find that the Notice implemented pursuant to this Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise the Settlement Class of the pendency of the Action, their right to object or exclude themselves from the Settlement Agreement, and to appear at the Final Approval Hearing; (iii) is reasonable and adequate after considering the factors listed in Rule 23(e)(2)constitutes due, adequate, and whether sufficient notice to approve all Persons entitled to receive Notice; and (iv) meets all applicable requirements of the Illinois Code of Civil Procedure, the Due Process Clause of the United States and Illinois Constitutions, and the rules of the Court; FILED DATE: 8/8/2024 8:04 AM 2022CH11832 g. Find that the prerequisites for a class action under ILCS 735 5/2-801 have been satisfied for settlement purposes for the Settlement Class; h. Dismiss the Action (including all individual claims and Settlement Class Counsel’s application for attorneys’ feesClaims presented thereby) on the merits and with prejudice, costswithout fees or costs to any party except as provided in this Settlement Agreement; i. Approve the release of the Released Claims provided herein, and expenses deem the Releasing Parties’ Released Claims against the Released Parties irrevocably effective as of the Effective Date, and forever discharge the Released Parties as set forth herein. j. Permanently bar and enjoin all Settlement Class Members who did not validly and timely exclude themselves from the Settlement from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any lawsuit or other action in any jurisdiction based on the Released Claims against the Released Parties; k. Without affecting the finality of the Final Approval Judgment for purposes of appeal, the Court shall retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Settlement Agreement and the Final Approval Judgment, and for Service Awards to Plaintiffsany other necessary purpose; l. Close the Action; and m. Incorporate any other provisions as the Court deems necessary and just, provided that such other provisions do not materially abridge, enlarge or modify any rights or responsibilities of the Released Parties or Settlement Class Members under this Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Approval. 113. Upon execution 12 2.1 The Parties shall cooperate in good faith, and agree, subject to their fiduciary and 13 other legal obligations, to take all reasonably necessary steps to obtain the Court’s approval of the 14 terms of this Settlement Agreement. The Parties agree to coordinate proceedings for the approval 15 of the terms of this Settlement Agreement by all Partieswith proceedings for the approval of settlements with 16 other named defendants in the Lawsuit and also with defendants in the Related Lawsuits. 17 2.2 For the purposes of settlement only and the proceedings contemplated herein for 18 effectuating the Settlement Agreement, Plaintiffs shall move the Court to certify the Settlement 19 Class Counsel pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure and this 20 Court’s Procedural Guidance for Class Action Settlements. 21 2.3 Plaintiffs shall promptly move the Court to: (1) designate themselves as Class 22 Representatives and appoint Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP and Xxxxxx Xxxxx & 23 Xxxxxxx, PLLC as Class Counsel; (2) approve the form and manner of notice to the Settlement 24 Class Members; (3) appoint a Settlement Administrator to implement the notice plan and serve as 25 escrow agent as set forth herein; (4) schedule a fairness/final approval hearing to consider the 26 fairness of the settlement (including as to attorneys’ fees and expenses); and (5) approve a 27 procedure for determining Class Counsel’s request for an Order pursuant award of reasonable attorneys’ fees and 28 expenses subsequent to Fed. R. Civ. P. (“Rule”) 23(e)(1) authorizing Notice the Court’s consideration of the proposed Settlement (“Preliminary Final Approval Order”). . 1 2.4 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 Parties shall request that the Court: (1) find Final Approval Order be entered as a separate 2 judgment pursuant to Federal Rule of Civil Procedure 54(b). The Parties shall request that it is likely the 5 2.5 The Parties shall request that the Order on Attorneys’ Fees be entered as a separate 6 judgment pursuant to approve Federal Rule of Civil Procedure 54(b). The Parties shall request that the terms 8 subsequent to the Court considering Plaintiffs’ motion for entry 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 PlaintiffsOrder.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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