Common use of – CONDITIONS TO FINALITY OF SETTLEMENT Clause in Contracts

– CONDITIONS TO FINALITY OF SETTLEMENT. The Settlement shall be final and unconditional when each of the following conditions in Sections 2.1 through 2.4 has been satisfied. The Parties will use reasonable good faith efforts to cause each of the conditions to occur within the times indicated. 2.1. Condition #1: Court Approval. The Settlement shall have been approved by the Court in accordance with the following steps: 2.1.1. Motion for Preliminary Approval of Settlement and of Notices. On or before April 20, 2020, Plaintiff will file a motion (“Preliminary Approval Motion”) with the Court for entry of the Preliminary Approval Order in the form annexed as Exhibit 4 hereto. Plaintiff shall give Defendant at least five (5) business days to review the Preliminary Approval Motion before filing. Defendant may, but shall not be required to, submit papers in connection with the Preliminary Approval Motion. 2.1.2. Service of Notice under the Class Action Fairness Act. Defendant shall prepare and serve the notices required by CAFA, as specified by 28 U.S.C. § 1715, within ten (10) days after the Settlement Agreement is filed with the Court.