Common use of Final Approval Hearing Clause in Contracts

Final Approval Hearing. The Waikoloa-PEX Brass Fittings Court shall set and conduct the Final Approval Hearing to determine fairness and final approval of the Settlement, along with the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. 107. Fourteen (14) days prior to the date set for the Final Approval Hearing (or if the Court orders a different filing deadline), Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responses. The Settling Parties shall also present a Final Approval Order and Final Judgment substantially in the forms attached, respectively, at Exhibits 8-9. 108. Castle & ▇▇▇▇▇ agrees that any amounts awarded by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Fees, Costs, and All Other Expenses, including Waikoloa-PEX Brass Fittings Class Representative incentive awards, shall be paid out of the Settlement Fund, so long as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, Costs, and All Other Expenses, shall be comprised of: a. Up to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);

Final Approval Hearing. a. The Waikoloa-PEX Brass Fittings Court shall set and conduct Parties will recommend that the Final Approval Hearing be scheduled for a date approximately one hundred (125) days after Plaintiff moves for the entry of a Preliminary Approval Order. b. Class Counsel shall file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to determine fairness and final approval of the Settlement, along with the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. 107. Fourteen Objection Deadline. c. No more than fourteen (14) days prior to the date set for the Final Approval Hearing (or if Hearing, the Settlement Administrator shall file with the Court orders and serve on counsel for all Parties a different filing deadline)declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. d. If the Settlement Agreement is preliminarily approved by the Court, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ all other conditions precedent to the Settlement have been satisfied, then Plaintiff shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To a Motion for Final Approval asking, inter alia, that the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responses. The Settling Parties shall also present Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Mesa Labs for entry of the Final Judgment substantially in Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the forms attachedFinal Approval Order and Judgment, respectivelyshall not be an admission or concession by Mesa Labs as to any matter pertaining to Plaintiff’s claims. e. At the Final Approval Hearing, at Exhibits 8-9. 108. Castle & ▇▇▇▇▇ agrees that the Court will consider and determine whether the provisions of this Agreement should be finally approved as fair, reasonable, and adequate, whether any amounts awarded objections to the Agreement should be overruled, whether the requested Fee Award to Class Counsel and the requested Incentive Payment to the Named Plaintiff should be approved, and whether a judgment finally approving the Settlement Agreement should be entered. f. This Settlement Agreement is subject to and conditioned upon the issuance by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings of a Final Approval Order that grants final approval of this Agreement and: (i. finds that the Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process under the constitution of the United States; (ii. finds that Settlement Class Counsel for Attorney FeesMembers have been adequately represented by the Class Representative and Class Counsel; (iii. finds that the Settlement Agreement is fair, Costsreasonable, and All Other Expensesadequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including Waikoloa-PEX Brass Fittings Class Representative incentive awardsthe releases in Section V, shall and that this Settlement Agreement should be paid out and is approved; (iv. dismisses on the merits and with prejudice all claims of the Settlement FundClass Members asserted against Mesa Labs, so long without fees or costs to any Party except as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, Costs, and All Other Expenses, shall be comprised of: a. Up to $200,594.84 provided in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);this Agreement; and

Final Approval Hearing. The Waikoloa-PEX Brass Fittings Court shall set and conduct the Final Approval Hearing to determine fairness and final approval of hearing shall be held before this Court on September 15, 2020, at 10:00 a.m. in Courtroom 20B at the SettlementUnited States Courthouse, along with the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. 107. Fourteen (14) days prior to the date set for the Final Approval Hearing (or if the Court orders a different filing deadline), Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇ ▇▇▇▇▇ shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇▇, ▇▇▇ shall concurrently file those responses. The Settling Parties shall also present a Final Approval Order and Final Judgment substantially in the forms attached, respectively, at Exhibits 8-9. 108. Castle & ▇▇▇▇, ▇▇▇ agrees that any amounts awarded by ▇▇▇▇ to determine (a) whether the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel proposed settlement of this action on the terms and conditions provided for Attorney Feesin the proposed settlement agreement is fair, Costsreasonable, and All Other Expensesadequate and should be given final approval by this Court; (b) whether a judgment and order of dismissal with prejudice should be entered; (c) whether to approve the payment of attorneys’ fees, including Waikoloa-PEX Brass Fittings Class Representative costs, and expenses to class counsel; and (d) whether to approve the payment of an incentive awardsaward to the class representatives. This Court may adjourn the final approval hearing without further notice to members of the settlement class. By no later than August 25, 2020, the claims administrator, Digital Settlement Group, shall be paid out provide to class counsel a report stating how many claims were filed, how many claims were approved, the total dollar amount of the Settlement Fundapproved claims, so long as and the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that claims administrator believes will be paid out disbursed to the class. Class counsel shall promptly file the report on the docket of this action. By no later than May 22, 2020, class counsel shall file papers in support of their fee award and class representatives’ incentive awards (collectively, the Waikoloa-PEX Brass Fittings Settlement Fund“Fee Petition”) with this Court. The amounts paid for Attorney FeesDefendants may—but are not required to—file a response to class counsel’s Fee Petition with this Court no later than August 18, Costs2020. Class counsel may file a reply in support of their Fee Petition or responses to objections, and All Other Expensesif any, with this Court no later than August 25, 2020. Class counsel shall be comprised of: a. Up to $200,594.84 also file their papers in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% support of the Waikoloa-PEX Brass Fittings Settlement Fund);final approval no later than August 25, 2020.

Final Approval Hearing. a. The Waikoloa-PEX Brass Fittings Parties will request that the Court shall set and conduct the schedule a Final Approval Hearing after the Claims Deadline, Objection Deadline and Opt-Out Deadline. b. Class Counsel shall file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to determine fairness the Objection Deadline. c. Class Counsel shall file their motion for entry of a Final Approval Order and final approval of the Settlement, along with the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. 107. Fourteen Judgment no later than fourteen (14) days prior to the date set for Final Approval Hearing. d. No more than fourteen (14) days prior to the Final Approval Hearing (or if Hearing, the Settlement Administrator shall file with the Court orders and serve on counsel for all Parties a different filing deadline)declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. e. No later than fourteen (14) days before the Final Approval Hearing, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ Cenlar shall file their briefs in support with the Court a certification that it complied with the CAFA notice requirements and stating the date of Waikoloa-PEX Brass Fittings such compliance. f. If the Settlement approval. To Agreement is preliminarily approved by the extent they wish Court, and all other conditions precedent to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Membersthe Settlement have been satisfied, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ then Plaintiff shall concurrently file those responses. The Settling Parties shall also present a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Cenlar for entry of the Final Judgment substantially in Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the forms attachedFinal Approval Order and Judgment, respectivelyshall not be an admission or concession by Cenlar as to any matter pertaining to Plaintiff’s claims or the Action. g. At the Final Approval Hearing, at Exhibits 8-9. 108. Castle & ▇▇▇▇▇ agrees that the Court will consider and determine whether the provisions of this Agreement should be finally approved as fair, reasonable, and adequate, whether any amounts awarded objections to the Agreement should be overruled, whether the requested Fee Award and the requested Incentive Award should be approved, and whether a judgment finally approving the Settlement Agreement should be entered. h. This Settlement Agreement is subject to and conditioned upon the issuance by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Fees, Costs, and All Other Expenses, including Waikoloa-PEX Brass Fittings of a Final Approval Order that grants final approval of this Agreement and: represented by the Class Representative incentive awards, shall be paid out of the Settlement Fund, so long as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, Costs, and All Other Expenses, shall be comprised of: a. Up to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s attorney ; Settlement Class Members asserted against Cenlar, without fees (not or costs to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);any Party except as provided in this Agreement; and

Final Approval Hearing. The Waikoloa-PEX Brass Fittings Court shall set and conduct the will hold a Final Approval Hearing to determine fairness and final approval of at TIME a.m., on DATE, at the SettlementManhattan Courthouse, along with the amount properly payable for Attorneys’ FeesCourtroom 1106, Costs and All Other Expenses. 107. Fourteen (14) days prior to the date set for the Final Approval Hearing (or if the Court orders a different filing deadline), Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇ ▇▇▇▇▇ shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responses▇▇, New York, NY 10007. At the Final Approval Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate. The Settling Parties shall Court may also present a consider Class Counsel’s request for attorneys’ fees and costs, and the service awards. If there are objections, the Court will consider them. After the Final Approval Order Hearing, the Court will decide whether to approve the proposed Settlement and how much to award to Class Counsel as fees and costs, and the service awards. The Final Judgment substantially in the forms attachedApproval Hearing may be moved to a different date or time without additional notice, respectively, at Exhibits 8-9. 108. Castle & so it is recommended that you periodically check ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ agrees that and the Court docket in this case through the Court’s Public Access to Electronic Records (PACER) system at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ to confirm the date of the Final Approval Hearing. No, you do not have to attend the hearing. Class Counsel will answer any amounts awarded questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you submit a written objection, you do not have to come to the Fairness Hearing to raise your objection. As long as you timely mailed your written objection, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but their attendance is not necessary. Yes, you may speak at the hearing. If you would like to do so, you must indicate your intent to personally appear and/or testify at the Final Approval Hearing, and identify any counsel representing you who intends to appear at the Final Approval Hearing, when providing written notice of your objection as noted in Question 21 above regarding how to object to the Settlement. You cannot speak at the hearing if you exclude yourself from the Settlement. IF YOU DO NOTHING If you are a Settlement Class Member and you do nothing, you will be legally bound by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Fees, CostsSettlement, and All Other Expensesyou will not receive any benefits of the Settlement, including Waikoloabut not limited to the Experian Credit Plus 3-PEX Brass Fittings Class Representative incentive awardsBureau plan, shall or reimbursement for economic costs related to the Data Breach. You will not be paid out able to bring a lawsuit, continue a lawsuit, or be a part of any other lawsuit against TransPerfect about the claims in this case. If you would like to request benefits under the Settlement, you must follow the instructions described in sections 11-12 above. GETTING MORE INFORMATION This notice summarizes the proposed Settlement. More details are included in the Settlement Agreement. You can get a copy of the Settlement FundAgreement at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. You also may write with questions to the Settlement Administrator, so long as at EMAIL ADDRESS OR REAL [ADDRESS]. You can access Reimbursement and Election Forms and review additional documents on the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 Settlement Website. You can also request to receive Reimbursement and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member paymentsElection Forms, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out a copy of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, CostsAgreement, and All Other Expensesa detailed notice by mail by calling the toll-free number, shall be comprised of: a. Up to $200,594.84 in Waikoloa1-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% of the Waikoloa800-PEX Brass Fittings Settlement Fund);PHONENUMBER.

Final Approval Hearing. a. The Waikoloa-PEX Brass Fittings Court shall set and conduct Parties will recommend that the Final Approval Hearing to determine fairness and final approval be scheduled for a date no more than seventy-five (75) days after the last date required for the mailing of the Settlement, along with Notice and Claim Form. The Final Approval Hearing must be at least 150 days after Plaintiff moves for the amount properly payable entry of a Preliminary Approval Order. b. Class Counsel shall file their petition for Attorneys’ Fees, Costs and All Other Expenses. 107. Fourteen any Fee Award no later than thirty (30) days prior to the Final Approval Hearing. c. No more than fourteen (14) days prior to the date set Final Approval hearing, the Settlement Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. d. No later than fourteen (14) days before the Final Approval Hearing (or if Hearing, Eurton shall file with the Court orders a different filing deadline)certification that it complied with the CAFA notice requirements and stating the date of such compliance. e. If the Settlement Agreement is preliminarily approved by the Court, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ all other conditions precedent to the Settlement have been satisfied, no later than fourteen (14) calendar days prior to the Final Approval Hearing, then Plaintiff shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To a Motion for Final Approval asking, inter alia, that the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responses. The Settling Parties shall also present Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of the motion. Either Party may file a memorandum addressing any objection to the Settlement that has been submitted. Any request by Eurton for entry of the Final Judgment substantially in Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the forms attachedFinal Approval Order and Judgment, respectivelyshall not be an admission or concession by Eurton as to any matter pertaining to the Class’s claims. f. At the Final Approval Hearing, at Exhibits 8-9. 108. Castle & ▇▇▇▇▇ agrees that the Court will consider and determine whether the provisions of this Agreement should be finally approved as fair, reasonable, and adequate, whether any amounts awarded objections to the Agreement should be overruled, whether the requested Fee Award to Settlement Class Counsel and the requested Incentive Payment to the Class Representative should be approved, and whether a judgment finally approving the Settlement Agreement should be entered. g. This Settlement Agreement is subject to and conditioned upon the issuance by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings of a Final Approval Order that grants final approval of this Agreement and: i. finds that the notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); ii. finds that Settlement Class Counsel for Attorney Fees, Costs, and All Other Expenses, including Waikoloa-PEX Brass Fittings Members have been adequately represented by the Class Representative incentive awards, shall be paid out of the Settlement Fund, so long as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, Costs, and All Other Expenses, shall be comprised of: a. Up to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);

Final Approval Hearing. The Waikoloa-PEX Brass Fittings On [DATE], at [ ] a.m., this Court shall set will hold a Final 27 and conduct adequate. This Court may order the Final Approval Hearing to be postponed, adjourned, or 134778384v.2 5 l not be required to provide additional notice to Settlement Judge of the Superior Court 1 continued. If that occurs, the Parties wil 2 Class Members. IT IS SO ORDERED 4 Date: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 134778384v.2 EXHIBIT B EXHIBIT B IF YOU PURCHASED ▇▇▇▇ ▇▇▇▇ ESSENTIAL LASH SERUM, ▇▇▇▇ ▇▇▇▇ EYELASH SERUM, BABE AMPLIFYING BROW SERUM OR BABE BROW SERUM ENHANCEMENT SERUMS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES BETWEEN JUNE 1, 2019 AND , 2023, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS, AND YOU MAY BE ENTITLED TO SETTLEMENT BENEFITS YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR NOT. PLEASE READ THIS NOTICE CAREFULLY. Este aviso es referente al acuerdo propuesto en una demanda colectiva referente a Elixir. El acuerdo propuesto posiblemente afecte sus derechos legales. Para el mismo aviso en español, por favor visite [▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇]. This Notice is to inform you about the settlement of a nationwide class action lawsuit and your rights under the terms of the settlement, including your right to file a claim and receive compensation. The proposed settlement will resolve all claims made against Defendant Elixir Cosmetics OPCO, LLC (“Elixir”) and other Released Parties (as that term is defined below) on behalf of all Settlement Class Members (as defined below). The Plaintiff in the class action alleges that Elixir failed to disclose material information to her regarding ▇▇▇▇ ▇▇▇▇ Essential Lash Serum, ▇▇▇▇ ▇▇▇▇ Eyelash Serum, Babe Amplifying Brow Serum and Babe Brow Serum and the potential side effects and risks of adverse reactions allegedly presented by one of its ingredients, Isopropyl Cloprostenate. Elixir denies the allegations asserted in the class action and denies any wrongdoing associated with the claims asserted by the Plaintiff because ▇▇▇▇ ▇▇▇▇ Essential Lash Serum, ▇▇▇▇ ▇▇▇▇ Eyelash Serum, Babe Amplifying Brow Serum and Babe Brow Serum are safe cosmetic products with a proven track record of overwhelmingly positive consumer satisfaction and comprehensive product safety testing substantiates the safety of Elixir’s products. No scientific study has ever found that Elixir’s products cause any of the serious adverse events alleged in Plaintiff’s lawsuit. A hearing addressing the fairness, adequacy, and reasonableness of the settlement will be held on [date], to determine fairness and whether the action should finally be settled. The Court in charge of this case will determine, among other things, whether the Settlement should be approved. If the Court gives final approval of to the Settlement, along Elixir will give each Settlement Class Member who properly and timely completes and submits a Claim Form by [DATE] a Cash Benefit in the amount of up to $25 per unit purchased. In exchange for the benefits available in this Settlement, Settlement Class Members who do not properly request exclusion from the Settlement will be bound by a release and give up the right to pursue certain legal claims, as explained in more detail in this Notice. Settlement Class Members who do not exclude themselves from the Settlement may still object to its terms, as further explained below. Below is a summary your legal rights and options under this Settlement: Summary of Your Legal Rights and Options in this Settlement Submit a Claim Form This is the only way to get a cash benefit under the Settlement. Visit the settlement website located at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to obtain a Claim Form. If you submit a Claim Form, you will give up the right to sue Elixir in a separate lawsuit about the claims this Settlement resolves. Deadline: [Month] [Day], [Year] See page [X] for more information about submitting a claim form. Do Nothing You will not receive a cash benefit under the Settlement. You will also give up your right to object to the Settlement and you will not be able to be part of any other lawsuit about the claims this Settlement resolves. N/A Exclude Yourself from the Settlement If you exclude yourself from the Settlement, you will not release the legal claims this Settlement resolves and you will not receive any benefit from the Settlement. This is the only option that allows you to retain your right to bring another lawsuit against Elixir about the claims in this case, but you give up the right to get a benefit under the Settlement (or object to it). Deadline: [Month] [Day], [Year] See page [X] for more information about excluding yourself from the settlement. Object If you do not exclude yourself from the Settlement, you may object to the Settlement’s terms by submitting an objection to the Settlement Administrator or, if you are represented by an attorney, by filing a timely written objection in the Superior Court of California, Solano County. The Settlement Administrator will file any objections it receives with the amount properly payable Court for Attorneys’ Feesits review in advance of the final approval hearing. Deadline: [Month] [Day], Costs and All Other Expenses. 107. Fourteen (14) days prior [Year] See page [X] for more information about objecting to the date set settlement. An objection does not affect your right to submit a Claim Form, or to receive benefits under a valid Claim Form should the Court approve the Settlement. If the Court approves the Settlement, you will still be bound by it even if you objected. Go to a Hearing If you do not exclude yourself from the Settlement, you may speak in Court about the fairness of the Settlement and any objections you may have at the final approval hearing. Class Members do not Hearing Date: [Month] [Day], [Year] See page [X] for more information about the Final Approval Hearing (or fairness hearing. need to file an objection to state an objection at the hearing. The hearing is open to the public and Settlement Class Members can attend, although they are not required to do so. This is just a summary of your rights and options. These rights and options—and the deadlines to exercise them—are explained in more detail later in this Notice. The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided to those who submitted timely and valid Claim Forms under the Settlement, if the Court orders approves the Settlement and after any appeals are resolved. Please be patient. WHAT LAWSUIT IS INVOLVED IN THIS SETTLEMENT? In 2023, a different filing deadline)proposed class action lawsuit was filed against Elixir relating to its ▇▇▇▇ ▇▇▇▇ Essential Lash Serum, Waikoloa▇▇▇▇ ▇▇▇▇ Eyelash Serum, Babe Amplifying Brow Serum and Babe Brow Serum (the “Enhancement Serums”) that is entitled Skarpnes v. Elixir Cosmetics OPCO, LLC, No. CU23-PEX Brass Fittings 04638. The Superior Court of California, Solano County is presiding over the lawsuit. The named plaintiff who will also serve as a representative of the Settlement Class Counsel and Castle & (defined below) is ▇▇▇▇▇▇▇ shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approval. To the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇▇▇▇ shall concurrently file those responses(“Plaintiff” or “Class Representative”). WHAT ARE THE LAWSUIT AND THIS SETTLEMENT ABOUT? The Action alleges that Elixir failed to disclose information regarding ▇▇▇▇ ▇▇▇▇ Essential Lash Serum, ▇▇▇▇ ▇▇▇▇ Eyelash Serum, Babe Amplifying Brow Serum and Babe Brow Serum, including that an ingredient, Isopropyl Cloprostenate, is a prostaglandin analog which poses undisclosed risks of adverse reactions. Plaintiff alleges that Elixir is liable to her and similarly situated absent class members who bought the Enhancement Serums for, among other things, the failure to disclose material information about potential side effects. Elixir denies the allegations asserted in the Action and denies liability or wrongdoing of any kind. ▇▇▇▇ ▇▇▇▇ Essential Lash Serum, ▇▇▇▇ ▇▇▇▇ Eyelash Serum, Babe Amplifying Brow Serum and Babe Brow Serum are safe cosmetic products with a proven track record of overwhelmingly positive consumer satisfaction. Comprehensive product safety testing substantiates the safety of the Enhancement Serums while no scientific study has ever found that the Enhancement Serums cause any of the serious adverse events alleged in Plaintiff’s lawsuit. Elixir contends that it has always marketed the Enhancement Serums as cosmetics that the U.S. FDA is the sole administrative body authorized to determine the regulatory status of products subject to its jurisdiction, and the FDA has never alleged or found the Enhancement Serums are adulterated, misbranded or unapproved drugs. The Settling Parties shall also present a Final Approval Order Court has not decided in favor of either the Plaintiff or Elixir, and Final Judgment substantially in the forms attached, respectively, at Exhibits 8-9. 108. Castle & has not evaluated or ruled on any of Plaintiff’s claims or ▇▇▇▇▇ agrees that any amounts awarded by ▇▇’s defenses. The parties have entered into a settlement to compromise disputed claims and to avoid the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Feesfuture costs and risks associated with continued litigation. In settling the case, Costs, and All Other Expenses, including Waikoloa-PEX Brass Fittings Class Representative incentive awards, shall be paid out neither side admits the allegations or arguments of the Settlement Fundother. WHAT IS A CLASS ACTION? In a class action, so long one or more people, often referred to as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum class representatives, sue on behalf of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out a group of the Waikoloa-PEX Brass Fittings Settlement Fundpeople who have similar claims. The amounts paid people with similar claims are the “Class” or the “Class Members,” except for Attorney Feesthose people who decide to exclude themselves from the Class. One court resolves the issues for all Class Members, Costsexcept for those who exclude themselves from the Class. The Superior Court of California, and All Other Expenses, shall be comprised of: a. Up Solano County will decide whether to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% of approve the Waikoloa-PEX Brass Fittings Settlement Fund);Settlement.

Final Approval Hearing. The Waikoloa-PEX Brass Fittings Court shall set and conduct the 22. A Final Approval Hearing is will be held before the Court no earlier than 180 days after Preliminary Approval Order, 2018 at am/pm for the following purposes: (a) to finally determine whether the requirements of Federal Rules of Civil Procedure 23(a) and (b) are met; (b) to determine fairness whether the Settlement is fair, reasonable, and final approval adequate, and should be approved by the Court; (c) to determine whether the judgment as provided under the Settlement Agreement should be entered, including a bar order prohibiting Settlement Class Members from further pursuing claims released in the Settlement Agreement; (d) to consider the application for an award of attorneys’ fees and expenses of Class Counsel; (e) to consider the application for a service payment to the Class Representative; (f) to consider the distribution of the Settlement, along with Settlement Benefits under the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. 107terms of the Settlement Agreement; and (g) to rule upon such other matters as the Court may deem appropriate. 23. Fourteen (14) days prior to the date set for before the Final Approval Hearing (or if the Court orders a different filing deadline)Hearing, Waikoloa-PEX Brass Fittings Class Counsel shall file and Castle & ▇▇▇▇▇ serve (i) a motion for final approval; and (ii) any application for a service payment to the Class Representative. 24. Class Counsel shall file their briefs in support of Waikoloa-PEX Brass Fittings Settlement approvalmotion for attorneys’ fees and expenses thirty days before the Exclusion/Objection deadline. To the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responsespost their fee petition to the Settlement Website within twenty-four hours of filing the fee petition with the Court. 25. The Settling Parties shall also present Final Approval Hearing may be postponed, adjourned, transferred or continued by order of the Court without further notice to the Settlement Class. At, or following, the Final Approval Hearing, the Court may enter a Final Approval Order and Final Judgment substantially in the forms attached, respectively, at Exhibits 8-9. 108. Castle & ▇▇▇▇▇ agrees that any amounts awarded by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Fees, Costs, and All Other Expenses, including Waikoloa-PEX Brass Fittings Class Representative incentive awards, shall be paid out of accordance with the Settlement Fund, so long as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs Agreement that will be paid out adjudicate the rights of all class members. 26. For clarity, the Waikoloa-PEX Brass Fittings deadlines the Parties shall adhere to are as follows: Class Notice Completed by: 30 days after Preliminary Approval Order Objection/Exclusion Deadline: 90 days after Class Notice is sent Order at am/pm 27. Settlement Fund. The amounts paid for Attorney Fees, Costs, and All Other Expenses, shall be comprised of: a. Up Class Members do not need to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not appear at the Final Approval Hearing or take any other action to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);indicate their approval.

Final Approval Hearing. 13.1 The Waikoloa-PEX Brass Fittings Parties will request that the Court shall set and conduct the schedule a Final Approval Hearing after the Opt Out /Objection Deadline. 13.2 Class Counsel shall file their petition for a Fee Award and Incentive Award no later than thirty (30) days prior to determine fairness Objection Deadline. 13.3 Class Counsel shall file their motion for entry of a Final Approval Order and final approval of the Settlement, along with the amount properly payable for Attorneys’ Fees, Costs and All Other Expenses. 107. Fourteen Judgment no later than fourteen (14) days prior to the date set for Final Approval Hearing. 13.4 No more than fourteen (14) days prior to the Final Approval Hearing (or if Hearing, the Settlement Administrator shall file with the Court orders and serve on counsel for all Parties a different filing deadline)declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.5 No later than fourteen (14) days before the Final Approval Hearing, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ Fargo Auto shall file their briefs with the Court a certification that it complied with the CAFA notice requirements and stating the date of such compliance. 13.6 If the Settlement Agreement is preliminarily approved by the Court, and all other conditions precedent to the Settlement have been satisfied, then Plaintiff shall file a Motion for Final Approval asking, inter alia, that the Court enter a Final Approval Order and Judgment, with Plaintiff filing a memorandum of points and authorities in support of Waikoloa-PEX Brass Fittings the motion. Either Party may file a memorandum addressing any objection to the Settlement approvalthat has been submitted. To the extent they wish to respond to any Objections made Any request by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responses. The Settling Parties shall also present a Fargo Auto for entry of the Final Approval Order and Judgment, or failure to object to Plaintiff’s request for entry of the Final Judgment substantially in the forms attachedApproval Order and Judgment, respectively, at Exhibits 8-9. 108. Castle & shall not be an admission or concession by ▇▇▇▇▇ agrees that Fargo Auto as to any amounts awarded matter pertaining to Plaintiff’s claims or the Action. 13.7 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be finally approved as fair, reasonable, and adequate, whether any objections to the Agreement should be overruled, whether the requested Fee Award and the requested Incentive Award should be approved, and whether a judgment finally approving the Settlement Agreement should be entered. 13.8 This Settlement Agreement is subject to and conditioned upon the issuance by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings of a Final Approval Order that grants final approval of this Agreement and: 13.8.1 finds that the Notice provided satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process under the Constitution of the United States; 13.8.2 finds that Settlement Class Counsel for Attorney FeesMembers have been adequately represented by the Class Representative and Class Counsel; 13.8.3 finds that the Settlement Agreement is fair, Costsreasonable, and All Other Expensesadequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including Waikoloa-PEX Brass Fittings Class Representative incentive awards, shall be paid out of the Settlement Fund, so long as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, CostsReleases in Section 17, and All Other Expenses, shall that this Settlement Agreement should be comprised of: a. Up to $200,594.84 in Waikoloa-PEX Brass Fittings Class Counsel’s attorney fees (not to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund)and is approved;

Final Approval Hearing. 20 11. The Waikoloa-PEX Brass Fittings Final Approval Hearing shall be held by the Court shall on October 12, 2023, at 9 21 a. m., to determine whether the requirements for certification of the Settlement Class have been 22 met; whether the proposed Settlement of the Actions on the terms set forth in the Settlement 23 should be approved as fair, reasonable, adequate, and conduct in the best interests of the Settlement Class 24 Members; whether Class Counsel’s motion or application for Fees and Expense Award and 25 application for the Service Awards should be approved; and whether final judgment approving 26 the Settlement and dismissing the Actions on the merits with prejudice against the Named 27 Plaintiffs and all other Settlement Class Members should be entered. The Final Approval 2 filed timely and valid objections and requested to speak at the Final Approval Hearing), be 3 continued or adjourned by order of the Court. 4 12. Any Objector who timely submits an Objection has the option to appear and 5 request to be heard at the Final Approval Hearing, either in person or through the Objector’s 6 counsel. Any Objector wishing to appear and be heard at the Final Approval Hearing must 7 include a Notice of Intention to determine fairness and final approval Appear in the body of the SettlementObjector’s Objection. Objectors who 8 fail to submit or include such timely Notice of Intention to Appear may not speak at the Final 9 Approval Hearing without permission of the Court. 10 13. By June 26, along 2023, Class Counsel shall file all papers in support of any Motion for 11 a Fee and Expense Award and/or for Service Awards, and shall serve copies of such papers upon 12 Defense Counsel and upon any Objectors who have validly complied with the amount properly payable for Attorneys’ Fees, Costs this Order and All Other Expenses. 107. Fourteen (14) days have 13 filed their objections prior to the date set for the Final Approval Hearing (or if the Court orders a different filing deadline)and time of Class Counsel’s fee motion. All opposition 14 papers shall be due by July 31, Waikoloa-PEX Brass Fittings 2023, and any reply papers shall be filed by August 21, 2023. 15 14. By August 24, 2023, Class Counsel and Castle & ▇▇▇▇▇ shall file their briefs all papers in support of Waikoloa-PEX Brass Fittings Settlement approval. To the extent they wish to respond to any Objections made by Waikoloa-PEX Brass Fittings Class Members, Waikoloa-PEX Brass Fittings Class Counsel and Castle & ▇▇▇▇▇ shall concurrently file those responses. The Settling Parties shall also present a 16 application for the Final Approval Order and Final Judgment substantially in the forms attached, respectively, at Exhibits 8-9. 108. Castle & ▇▇▇▇▇ agrees that any amounts awarded by the Waikoloa-PEX Brass Fittings Court to Waikoloa-PEX Brass Fittings Class Counsel for Attorney Fees, CostsJudgment, and shall serve copies of such 17 papers upon Defense Counsel and upon any Objectors who have validly complied with this 18 Order. All Other Expenses, including Waikoloa-PEX Brass Fittings Class Representative incentive awards, opposition papers shall be paid out of the Settlement Fundfiled by September 7, so long as the amount awarded by the Waikoloa-PEX Brass Fittings Court does not exceed the sum of $216,910.77 and the Waikoloa-PEX Brass Fittings Court’s order is otherwise consistent with the Waikoloa-PEX Brass Fittings Settlement. This amount does not include the costs for the Waikoloa-PEX Brass Fittings Class Member payments, Administration costs, Notice Plan costs, and/or Special Master costs that will be paid out of the Waikoloa-PEX Brass Fittings Settlement Fund. The amounts paid for Attorney Fees, Costs2023, and All Other Expenses, any reply papers shall be comprised of: a. Up to $200,594.84 in Waikoloa-PEX Brass Fittings 19 filed by September 21, 2023. 20 15. Class Counsel’s attorney fees (not to exceed 18% of the Waikoloa-PEX Brass Fittings Settlement Fund);motion or application for a Fee and Expense Award and for