Common use of Entry of Preliminary Approval Order Clause in Contracts

Entry of Preliminary Approval Order. The Court must enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this Agreement, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable and adequate; (b) Order the issuance of the Class Notice to Class Members, and determine that such Class Notice complies with all legal requirements, including but not limited to, the Due Process Clause of the United States Constitution; (c) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (d) Require Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall bind those Class Members who remain in the Class. (e) Require Class Members who wish to object to this Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this Agreement and Class Notice, and advise that a failure to do so shall prevent those Class Members from doing so; (f) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this Agreement; and (g) Issue related orders to effectuate the preliminary approval of this Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court must enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementE, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff as class representative and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure; (b) Preliminarily approve the Settlement as fair, reasonable and adequate; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court must enter a Preliminary Approval Order in a form substantially similar to Exhibit C E to this Settlement Agreement, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff as class representative and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure; (b) Preliminarily approve the Settlement as fair, reasonable and adequate; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves be excluded to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementD, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable reasonable, and adequate; (b) Order Direct the issuance of the Class Notice to Class Membersthe Settlement Class, upon a finding that giving notice is justified by the Parties’ showing that the Court will likely be able to: (i) approve the Settlement under Fed. R. Civ. P. 23(e)(2), and determine (ii) certify the Settlement Class for purposes of judgment on the proposal; (c) Determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Parties will request that the Court must enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementE, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiff as class representative and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure; (b) Preliminarily approve the Settlement as fair, reasonable and adequate; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementE, which shall, among other things: (a) Certify for purposes of settlement a nationwide Settlement Class, approving Plaintiffs as class representatives and appointing Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure; (b) Preliminarily approve the Settlement as fair, reasonable and adequate; (bc) Order the issuance of the Class Notice to Class Membersthe Settlement Class, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementD, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable reasonable, and adequate; (b) Order Direct the issuance of the Class Notice to Class Membersthe Settlement Class, upon a finding that giving notice is justified by the Parties' showing that the Court will likely be able to: (i) approve the Settlement under Fed. R. Civ. P. 23(e)(2), and determine (ii) certify the Settlement Class for purposes of judgment on the proposal; (c) Determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to in form and content as Exhibit C to this AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement the Tennessee Settlement Class and Mississippi Settlement Class, approving Representative Plaintiffs as class representatives of the Settlement Class, and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23; b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of Rust Consulting as the Administrator; (b) c. Order the issuance of the Class Notice to Class MembersMembers pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (c) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (d) e. Require persons within the Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed opt out deadline in this Agreement and Class Noticethe Preliminary Approval Order, and advise that a failure to do so shall bind those Class Members who remain in the Settlement Class.; (e) f. Require Class Members who wish to object to this Agreement the Settlement to submit an appropriate and a timely written statement objection by an objection deadline in the Objection Deadline, as directed in this Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Class Members from doing soobjecting to the Settlement; g. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; h. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information required to access the telephone or video hearing; i. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; j. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement Class, from (fi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; k. Authorize the Settling Parties to take all necessary and appropriate steps to establish implement the means necessary to implement Settlement as set forth in this Agreement; and (g) Issue l. Such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to Exhibit C to this AgreementE, which shall, among other things: (a) Preliminarily approve the Settlement as fair, reasonable reasonable, and adequate; (b) Order Direct the issuance of the Class Notice to Class Membersthe Settlement Class, upon a finding that giving notice is justified by the Parties’ showing that the Court will likely be able to: (i) approve the Settlement under Fed. R. Civ. P. 23(e)(2), and determine (ii) certify the Settlement Class for purposes of judgment on the proposal; (c) Determine that such Class Notice complies with all legal requirements, including including, but not limited to, the Due Process Clause of the United States Constitution; (cd) Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (de) Require Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Settlement Class Members who remain in the Settlement Class.; (ef) Require Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing so; (fg) Authorize the Settling Parties to take all necessary and appropriate steps to establish the means necessary to implement this the Settlement Agreement; and (gh) Issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to in form and content as Exhibit C to this AgreementA, which shall, among other things: (a) a. Certify the Settlement Class for purposes of settlement, approve the Representative Plaintiffs as the class representative of the Settlement Class, and appoint Class Counsel, pursuant to Illinois Statute 735 ILCS 5/2-801 et seq.; b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Administrator; (b) c. Order the issuance of the Class Notice to Class MembersMembers pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, Illinois Statute 735 ILCS 5/2-801 et seq. and the Due Process Clause of the United States Constitution; (c) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (d) e. Require persons within the Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed opt out deadline in this Agreement and Class Noticethe Preliminary Approval Order, and advise that a failure to do so shall bind those Class Members who remain in the Settlement Class.; (e) f. Require Class Members who wish to object to this Agreement the Settlement to submit an appropriate and a timely written statement objection by an objection deadline in the Objection Deadline, as directed in this Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Class Members from doing soobjecting to the Settlement; g. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; h. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information necessary to access the telephone or video hearing; i. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; j. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement Class, from (fi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; k. Authorize the Settling Parties to take all necessary and appropriate steps to establish implement the means necessary to implement Settlement as set forth in this Agreement; and (g) Issue l. Such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar in form and content to Exhibit C to this AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement the RoundPoint Settlement Class, approving the Settling Plaintiff as class representative of the RoundPoint Settlement Class, and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23; b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Settlement Administrator; (b) c. Order the issuance of the Class Notice to Noticed Class Members, and determine that such Class Notice is the best notice practicable under the circumstances and complies with all legal requirements, including including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (c) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (d) e. Require Noticed Class Members who wish to exclude themselves to submit an appropriate and timely written request Request for exclusion Exclusion by the Opt-Out Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall bind those Noticed Class Members who remain in the Class.RoundPoint Settlement Class to the terms of the Settlement; (e) f. Require RoundPoint Settlement Class Members who wish to object to this the Settlement Agreement to submit an appropriate and timely written statement by the Objection Deadline, as directed in this the Settlement Agreement and Class Notice, and advise that a failure to do so shall prevent those Settlement Class Members from doing soobjecting; g. Require attorneys representing any RoundPoint Settlement Class Member who objects to the Settlement to file a notice of appearance, at the objecting RoundPoint Settlement Class Member’s expense; h. Order the issuance of a Claim Form and Claim Form Instructions to Noticed Class Members and set the Claim Deadline; i. Preliminarily enjoin all Noticed Class Members, unless and until they have timely and properly excluded themselves from the RoundPoint Settlement Class, from (fi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Noticed Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; j. Authorize the Settling Parties to take all necessary and appropriate steps to establish implement the means necessary to implement Settlement as set forth in this Agreement; and (g) Issue k. Include such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of this the Settlement Agreement.

Entry of Preliminary Approval Order. The Court must shall enter a Preliminary Approval Order in a form substantially similar to in form and content as Exhibit C to this AgreementA, which shall, among other things: (a) a. Certify for purposes of settlement the Tennessee Settlement Class and Mississippi Settlement Class, approving Representative Plaintiffs as class representatives of the Settlement Class, and appointing Class Counsel, pursuant to Fed. R. Civ. P. 23; b. Preliminarily approve the Settlement as fair, reasonable and adequateadequate and approve selection of the Administrator; (b) c. Order the issuance of the Class Notice to Class MembersMembers pursuant to this Agreement, and determine that such Class Notice complies with all legal requirements, including including, but not limited to, Fed. R. Civ. P. 23 and the Due Process Clause of the United States Constitution; (c) d. Schedule a date and time for a Final Approval Hearing to determine whether the Preliminary Approval Order Settlement should be finally approved by the Court; (d) e. Require persons within the Settlement Class Members who wish to exclude themselves to submit an appropriate and timely written request for exclusion by the Opt-Out Deadline, as directed opt out deadline in this Agreement and Class Noticethe Preliminary Approval Order, and advise that a failure to do so shall bind those Class Members who remain in the Settlement Class.; (e) f. Require Class Members who wish to object to this Agreement the Settlement to submit an appropriate and a timely written statement objection by an objection deadline in the Objection Deadline, as directed in this Agreement and Class NoticePreliminary Approval Order, and advise that a failure to do so shall prevent those Class Members from doing soobjecting to the Settlement; g. Require any Class Member who objects to the Settlement and wishes to appear at the Final Approval Hearing to file a notice of intent to appear; h. Provide that the Final Approval Hearing may take place, at the sole discretion of the Court, via telephone or video so as to allow the Final Approval Hearing to proceed despite any limitations on in- court hearings related to the COVID-19 pandemic and provide that any Class Member who files a notice of intent to appear shall be provided with information required to access the telephone or video hearing; i. Order that the Class Notice and Claim Form be sent to Class Members and set the Claim Deadline; j. Preliminarily enjoin all Class Members, unless and until they have timely and properly excluded themselves from the Settlement Class, from (fi) filing, commencing, prosecuting, maintaining, intervening in, or participating as a plaintiff, claimant, or class member in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction, individually or as a class action on behalf of any Class Members who have not timely excluded themselves, based on or arising from the Released Claims; and (ii) attempting to effect an opt-out class of individuals in any lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on or arising from the Released Claims; k. Authorize the Settling Parties to take all necessary and appropriate steps to establish implement the means necessary to implement Settlement as set forth in this Agreement; and (g) Issue l. Such additional provisions as provided in Exhibit A as necessary to implement this Agreement and the Settlement, and to issue related orders to effectuate the preliminary approval of this the Settlement Agreement.