Common use of Application for Preliminary Order Clause in Contracts

Application for Preliminary Order. Within ten (10) business days after the execution and delivery of this Stipulation by all Parties hereto, the Parties shall jointly submit this Stipulation together with its Exhibits to the Court and the Parties shall apply for entry of an order (the “Preliminary Order”): (a) Preliminarily finding this Stipulation and the Settlement set forth herein to be fair, reasonable and adequate to Nominal Defendants Partners Fund and Partners Fund II; (b) Approving the Partners Fund Notice substantially in the form attached as Exhibit B; (c) Approving the Partners Fund II Notice substantially in the form attached as Exhibit C; (d) Setting forth the method for providing notice to Partners Fund and Partners Fund II shareholders of the Settlement and Settlement Hearing; (e) Finding that the methods of providing notice set forth in the Preliminary Order constitute the best notice practicable under the circumstances and meet all requirements of the New York Business Corporations Law and Civil Practice Law and Rules; and (f) Setting a date for the Settlement Hearing to determine whether the Settlement should be approved as reasonable, adequate and in the best interests of Partners Fund and Partners Fund II.