Common use of Class Notice Clause in Contracts

Class Notice. The Court finds that the dissemination of the Class Notice, the publication of the Summary Settlement Notice, the establishment of a website containing settlement-related materials, the establishment of a toll-free telephone number, and all other notice methods set forth in the Settlement Agreement and the Notice Administrator’s Declaration and the notice dissemination methodology implemented pursuant to the Settlement Agreement and this Court’s Preliminary Approval Order, as described in the Notice Administrator’s Declaration, a copy of which is incorporated herein and made a part hereof: a. constituted the best practicable notice to Class Members under the circumstances of the Action; b. constituted notice that was reasonably calculated, under the circumstances, to apprise Class Members of: (i) the pendency of this action; (ii) the terms of the proposed settlement; (iii) their rights under the proposed settlement; (iv) their right to exclude themselves from the Class and the proposed settlement; (v) their right to object to any aspect of the proposed settlement (including, but not limited to, final certification of the settlement class, the fairness, reasonableness, or adequacy of the proposed settlement, the adequacy of the Class’s representation by Plaintiff or Class Counsel, and/or the award of attorneys’ fees); (vi) their right to appear at the Fairness Hearing – either on their own or through counsel hired at their own expense – if they did not exclude themselves from the Class; and (vii) the binding effect of the Orders and Judgment in this action, whether favorable or unfavorable, on all persons who did not request exclusion from the Class; c. constituted notice that was reasonable, due, adequate, and sufficient notice to all persons and entities entitled to be provided with notice; and d. constituted notice that met all applicable requirements of the Federal Rules of Civil Procedure, 28 U.S.C. § 1715, the Due Process Clause of the United States Constitution, and any other applicable law, as well as complied with the Federal Judicial Center’s illustrative class action notices.

Class Notice. The Court finds that the dissemination of the Class Notice, the publication of the Summary Settlement Notice, the establishment of a website containing settlement-related materials, the establishment of a toll-free telephone number, Mail Notice and all other notice methods set forth in its distribution to the Settlement Agreement and the Notice Administrator’s Declaration and the notice dissemination methodology Class as implemented pursuant to the Settlement Agreement and this Court’s the Preliminary Approval Order, as described in the Notice Administrator’s Declaration, a copy of which is incorporated herein and made a part hereof: a. constituted Constituted the best practicable notice to the members of the Settlement Class Members under the circumstances of the Actionthis Litigation; b. constituted Constituted notice that was reasonably calculated, under the circumstances, to apprise the members of the Settlement Class Members of: of (i) the pendency of this action; Litigation and the proposed Settlement, (ii) the terms of the proposed settlement; (iii) their rights under the proposed settlement; (iv) their right to exclude themselves from the Settlement Class and the proposed settlement; Settlement, (viii) their right to object to any aspect of the proposed settlement Settlement (including, but not limited to, the following: final certification of the settlement class, Settlement Class; the fairness, reasonableness, reasonableness or adequacy of the proposed settlement, Settlement as proposed; the adequacy of the ClassPlaintiff ▇▇▇▇▇ ▇▇▇▇▇▇▇’ and/or Class Counsel’s representation by Plaintiff or Class Counselof the Settlement Class; the proposed awards of attorney’s fees and expenses; and the proposed incentive award), and/or the award of attorneys’ fees); (viiv) their right to appear at the Fairness Hearing – either on their own or through counsel hired at their own expense – if they did not exclude themselves from the Settlement Class; , and (viiv) the binding effect of the Orders and Judgment in this action, whether favorable or unfavorable, the Litigation on all persons members of the Settlement Class who did not request exclusion from the Classexclusion; c. constituted Constituted notice that was reasonable, reasonable and constituted due, adequate, adequate and sufficient notice to all persons and entities entitled to be provided with notice; and d. constituted Constituted notice that met all applicable fully satisfied the requirements of the Federal Rules of Civil ProcedureRule 23, 28 U.S.C. § 1715, the Due Process Clause of the United States Constitutiondue process, and any other applicable law, as well as complied with the Federal Judicial Center’s illustrative class action notices.

Class Notice. The Court finds that the dissemination of the Class Notice, Notice in accordance with the publication terms of the Summary Settlement Notice, the establishment of a website containing settlement-related materials, the establishment of a toll-free telephone number, and all other notice methods set forth in the Settlement Agreement and the Notice Administrator’s Declaration and the notice dissemination methodology implemented pursuant to the Settlement Agreement and this Court’s Preliminary Approval Order, as described in the Fenwick Decl. at ¶¶ 5-9 and in the Declaration of ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ of ▇▇▇▇▇ Notice Administrator’s DeclarationMedia Solutions (“▇▇▇▇▇▇▇ Decl.”) at ¶¶ 3-17 filed before the Final Approval Hearing, a copy of which is incorporated herein and made a part hereof: a. constituted the best practicable notice to Class Members under the circumstances of the Action; b. constituted notice that was reasonably calculated, under the circumstances, to apprise Class Members of: of (i) the pendency of this class action; (ii) the terms of the proposed settlementSettlement; (iii) their rights under the proposed settlementSettlement; (iv) their right to exclude themselves from the Class and the proposed settlementSettlement; (v) their right to object to any aspect of the proposed settlement Settlement (including, but not limited to, final certification of the settlement classClass, the fairness, reasonableness, reasonableness or adequacy of the proposed settlementSettlement, the adequacy of the Class’s ’ representation by Plaintiff Plaintiffs or Class Plaintiffs’ Counsel, and/or the award of attorneys’ feesfees and expenses and representative awards); (vi) their right to appear at the Fairness Hearing – Final Approval Hearing— either on their own or through counsel hired at their own expense – expense—if they did not exclude themselves from the Class; and (vii) the binding effect of the Orders Final Order and Judgment in this actionAction, whether favorable or unfavorable, on all persons who did not request exclusion from the Class; c. constituted notice that was reasonable, due, adequate, and sufficient notice to inform all persons and entities entitled to be provided with notice; and d. constituted notice that met fully satisfied all applicable requirements of the Federal Rules of Civil Procedure, 28 U.S.C. § 1715including Rule 23(c)(2) and (e) of the Federal Rules of Civil Procedure, the United States Constitution (including the Due Process Clause Clause), the Rules of the United States Constitutionthis Court, and any other applicable law, as well as and that complied with the Federal Judicial Center’s illustrative class action notices.

Class Notice. The Court finds that the dissemination of Class Mail Notice and its distribution to the ▇▇▇▇▇▇▇ Settlement Class Notice, the publication of the Summary Settlement Notice, the establishment of a website containing settlement-related materials, the establishment of a toll-free telephone number, and all other notice methods set forth in the Settlement Agreement and the Notice Administrator’s Declaration and the notice dissemination methodology as implemented pursuant to the Settlement Agreement and this Court’s the Preliminary Approval Order, as described in the Notice Administrator’s Declaration, a copy of which is incorporated herein and made a part hereof: a. constituted Constituted the best practicable notice to the members of the ▇▇▇▇▇▇▇ Settlement Class Members under the circumstances of the Actionthis Litigation; b. constituted Constituted notice that was reasonably calculated, under the circumstances, to apprise the members of the ▇▇▇▇▇▇▇ Settlement Class Members of: of (i) the pendency of this action; the Bankruptcy Cases and the proposed Settlement, (ii) the terms nature of the proposed settlement; action, (iii) their rights under the proposed settlement; definition of the ▇▇▇▇▇▇▇ Settlement Class, (iv) the class claims, issues or defenses, (v) that a ▇▇▇▇▇▇▇ Class Member may enter an appearance through an attorney if the ▇▇▇▇▇▇▇ Class Member so desires, (vi) their right to opt out and exclude themselves from the Class proposed Settlement and the proposed settlement; time and manner for doing so, (vvii) their right to object to any aspect of the proposed settlement Settlement and the time and manner for doing so (including, but not limited to, the following: final certification of the settlement class, ▇▇▇▇▇▇▇ Settlement Class; the fairness, reasonableness, reasonableness or adequacy of the proposed settlement, Settlement as proposed; the adequacy of the Named Plaintiffs and/or Class Counsels’ representation of the ▇▇▇▇▇▇▇ Settlement Class; the proposed awards of attorney’s representation by Plaintiff or Class Counselfees and expenses; and the proposed incentive awards), and/or the award of attorneys’ fees); (viviii) their right to appear at the Fairness Hearing – either on their own or through counsel hired at their own expense – if they did not exclude themselves from the ▇▇▇▇▇▇▇ Settlement Class; , and (viiix) the binding effect of the Orders and Judgment Order in this action, whether favorable or unfavorable, the Bankruptcy Cases on all persons members of the ▇▇▇▇▇▇▇ Settlement Class who did not request exclusion from the Classexclusion; c. constituted Constituted notice that was reasonable, reasonable and constituted due, adequate, adequate and sufficient notice to all persons and entities entitled to be provided with notice; and d. constituted Constituted notice that met all applicable fully satisfied the requirements of the Federal Rules of Civil ProcedureBankruptcy Rule 7023 and Rule 23, 28 U.S.C. § 1715, the Due Process Clause of the United States Constitutiondue process, and any other applicable law, as well as complied with the Federal Judicial Center’s illustrative class action notices.

Class Notice. The Court finds that the dissemination of the Class Notice, the publication of the Summary Settlement Notice, the establishment of a website containing settlement-related materials, including the establishment of a toll-free telephone numberClass Notice, and all other notice methods set forth in the Settlement Agreement and the Notice Administrator’s Declaration and the notice dissemination methodology implemented pursuant to the Settlement Agreement and this Court’s Preliminary Approval Order, as described in the Notice Declaration of the Settlement Administrator’s Declaration, a copy of which is incorporated herein and made a part hereof: a. constituted the best practicable notice to Class Members under the circumstances of the Action; b. constituted notice that was reasonably calculated, under the circumstances, to apprise Class Members of: of (i) the pendency of this action; (ii) the terms of the proposed settlementSettlement; (iii) their rights under the proposed settlementSettlement; (iv) their right to exclude themselves from the Class and the proposed settlementSettlement; (v) their right to object to any aspect of the proposed settlement Settlement (including, but not limited to, final certification of the settlement classClass, the fairness, reasonableness, or adequacy of the proposed settlementSettlement, the adequacy of the Class’s representation by Plaintiff Plaintiffs or Class Counsel, and/or the award of attorneys’ fees); (vi) their right to appear at the Fairness Final Approval Hearing – either on their own or through counsel hired at their own expense – if they did not exclude themselves from the Class; and (vii) the binding effect of the Orders and Judgment in this action, whether favorable or unfavorable, on all persons who did not request exclusion from the Class; c. constituted notice that was reasonable, due, adequate, and sufficient notice to all persons and entities entitled to be provided with notice; and d. constituted notice that met all applicable requirements of the Federal Rules of Civil Procedure, 28 U.S.C. § 1715, the Due Process Clause of the United States Constitution, and any other applicable law, as well as complied with the Federal Judicial Center’s illustrative class action notices.