Preliminary Fairness Hearing definition

Preliminary Fairness Hearing means the hearing at which the Court shall: (1) determine whether to grant the Motion for Preliminary Approval of this Settlement pursuant to the terms of this Agreement, and with an Order in substantially the form of Exhibit D to this Agreement; (2) approve the proposed plan to provide Notice to the Class; (3) appoint the Settlement Administrator; (4) establish the Objection Deadline and requirements for the filing of Objections to the Settlement; (5) establish the Exclusion Deadline and requirements for the filing of Requests for Exclusion from the Class; (6) establish a date for the Final Fairness Hearing; (7) appoint Class Counsel as counsel for the Class; and (8) preliminarily enjoin any Class Member who does not file a complete and valid Request for Exclusion by the Exclusion Deadline from filing suit or asserting any claim, demand, and/or counterclaim with respect to matters released in Section 15 of this Agreement.
Preliminary Fairness Hearing means the preliminary hearing(s) to be held by the Court to consider and determine whether the Agreement should be approved as fair, reasonable, and adequate, and whether the Preliminary Approval Order approving the Agreement should be entered.
Preliminary Fairness Hearing refers to the hearing at which the Court shall: (a) determine whether to grant preliminary approval to this Settlement; and, if such approval is granted (b) approve the Notice and Notice Plan (as set out in Section 10, below) for the Settlement; (c) establish a date for the Final Fairness Hearing; (d) establish the Objection and Exclusion Deadlines; (e) appoint the Settlement Administrator; (f) appoint Class Counsel and Class Representatives for the Settlement Class; and (g) preliminarily enjoin any member of the Settlement Class who does not file a complete and valid Request for Exclusion by the Exclusion Deadline from filing suit or asserting any claim, demand, and/or counterclaim with respect to matters released in Section 14 of this Agreement.

Examples of Preliminary Fairness Hearing in a sentence

  • The Court scheduled the Preliminary Fairness Hearing on the Class Settlement for July 24, 2013, and set an abbreviated briefing schedule.

  • Within ten (10) days of execution of this Consent Decree, the Parties shall jointly request a Preliminary Fairness Hearing and shall jointly move for an order granting preliminary approval to this Consent Decree.

  • The Court has held a Preliminary Fairness Hearing and a Final Approval Hearing.


More Definitions of Preliminary Fairness Hearing

Preliminary Fairness Hearing refers to the hearing at which the Court shall: (a) determine whether to grant preliminary approval to this Settlement; and, if such approval is granted (b) approve the Notice and Notice Plan (as set out in Section 10, below) for the Settlement; (c) establish a date for the Final Fairness Hearing; (d) establish the Objection and Exclusion Deadlines; (e) appoint the Settlement Administrator; and (f) preliminarily enjoin all Settlement Class Members who have not first filed a complete and valid Request for Exclusion by the Exclusion Deadline from filing or participating in or benefitting from, as class members or named parties, in any separate suit or proceeding asserting any claims, demands, and/or counterclaims with respect to matters released in Section 14 of this Agreement.
Preliminary Fairness Hearing refers to the hearing at which the Court shall: (a) determine whether to grant the Motion for Preliminary Approval of this Settlement; and, if such approval is granted, whether to (b) preliminarily approve the Settlement under the terms of this Agreement; (c) approve the proposed Notice and Notice Plan (as set out in Section 11, below); (d) appoint the Settlement Administrator; (e) establish the Objection Deadline and requirements for the filing of Objections to the Settlement; (f) establish the Exclusion Deadline and requirements for the filing of Requests for Exclusion from the Class; (g) establish a date for the Final Fairness Hearing; (h) preliminarily appoint Class Counsel as counsel for the Class; and (i) preliminarily enjoin any member of the Class who does not file a complete and valid Request for Exclusion by the Exclusion Deadline from filing suit or asserting any claim, demand, and/or counterclaim with respect to matters released in Section 16 of this Agreement.

Related to Preliminary Fairness Hearing

  • Fairness Hearing means a hearing on the settlement proposed in this Settlement Agreement held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court.

  • Preliminary Offering Circular means any preliminary offering circular or memorandum, if any, or any other written preliminary materials authorized by the Issuer to be used in connection with such an Offering. As used herein, the terms “Offering Circular” and “Preliminary Offering Circular” include the material, if any, incorporated by reference therein. We will either, as soon as practicable after the later of the date of the Invitation Wire or the date made available to us by the Issuer, furnish to you (or make available for your review) a copy of any Preliminary Offering Circular or any proof or draft of the Offering Circular. In any event, in any Offering involving an Offering Circular, the Manager will furnish, make available to you, or make arrangements for you to obtain, as soon as practicable after sufficient quantities thereof are made available by the Issuer, copies (which may, to the extent permitted by law, be in electronic form) of the Preliminary Offering Circular and Offering Circular, as amended or supplemented, if applicable (but excluding, for this purpose, documents incorporated therein by reference).

  • Preliminary Approval Date means the date on which the Court enters the Preliminary Approval Order.

  • Final Offering Circular means the final offering circular relating to the public offering of the Shares as filed with the Commission pursuant to Regulation A of the Rules and Regulations;

  • Preliminary Official Statement means the Preliminary Official Statement relating to

  • Rule 462(b) Registration Statement means a registration statement and any amendments thereto filed pursuant to Rule 462(b) relating to the offering covered by the registration statement referred to in Section 1(a) hereof.

  • Preliminary Approval means the Court’s Order Granting Preliminary Approval of the Settlement.

  • Preliminary Approval Order means the order preliminarily approving the Settlement Agreement, certifying the Settlement Class for settlement purposes, and directing notice thereof to the Settlement Class, which will be agreed upon by the Parties and submitted to the Court in conjunction with Plaintiffs’ motion for preliminary approval of the Agreement.