Order of Preliminary Approval and Publishing of Notice of Final Approval Hearing Clause Samples

The 'Order of Preliminary Approval and Publishing of Notice of Final Approval Hearing' clause establishes the process by which a court gives initial approval to a proposed settlement and sets the requirements for notifying affected parties about the upcoming final approval hearing. Typically, this clause outlines the court's role in reviewing the settlement for fairness at a preliminary stage and mandates that notice be provided to class members or interested parties, often through mail, publication, or electronic means. Its core function is to ensure transparency and due process by informing all relevant parties of the settlement and their rights before the court makes a final decision, thereby preventing unfair or uninformed outcomes.
Order of Preliminary Approval and Publishing of Notice of Final Approval Hearing. 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed Class Counsel and counsel for Defendant shall jointly submit this Settlement Agreement to the Court, and Interim Lead Counsel will file a motion for preliminary approval of the settlement with the Court requesting entry of a Preliminary Approval Order in the form substantially similar to Exhibit C in both terms and cost, requesting, inter alia: a) certification of the Class for settlement purposes only pursuant to ¶ 2.6; b) preliminary approval of the Settlement Agreement as set forth herein; c) appointment of Interim Lead Counsel as Class Counsel; d) appointment of Plaintiffs as Class Representatives; e) approval of the Short Notice to be emailed and/or mailed to Class Members in a form substantially similar to the one attached as Exhibit D this Settlement Agreement; f) approval of the Long Notice to be posted on the Settlement Website in a form substantially similar to the one attached as Exhibit B to this Settlement Agreement, which, together with the Short Notice, shall include a fair summary of the Parties’ respective litigation positions, statements that the settlement and notice of settlement are legitimate and that the Class Members are entitled to benefits under the settlement, the general terms of the settlement set forth in the Settlement Agreement, instructions for how to object to or opt-out of the settlement, instructions for how to obtain the benefits from the Settlement, the process and instructions for making claims, and the date, time and place of the Final Approval Hearing; g) approval of a Claim Form to be used by Class Members to make a claim in a form substantially similar to the one attached as Exhibit A to this Settlement Agreement; and h) appointment of Simpluris, Inc. as the Settlement Administrator. The Short Notice, Long Notice, and Claim Form have been reviewed and approved by the Settlement Administrator but may be revised as agreed upon by the Settling Parties before submission to the Court for approval. Immaterial revisions to these documents may also be made prior to dissemination of notice.
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Order of Preliminary Approval and Publishing of Notice of Final Approval Hearing 
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Related to Order of Preliminary Approval and Publishing of Notice of Final Approval Hearing

  • Waiver of Notice; Approval of Meeting; Approval of Minutes The transactions of any meeting of Limited Partners, however called and noticed, and whenever held, shall be as valid as if it had occurred at a meeting duly held after regular call and notice, if a quorum is present either in person or by proxy. Attendance of a Limited Partner at a meeting shall constitute a waiver of notice of the meeting, except when the Limited Partner attends the meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened; and except that attendance at a meeting is not a waiver of any right to disapprove the consideration of matters required to be included in the notice of the meeting, but not so included, if the disapproval is expressly made at the meeting.

  • Waiver of Notice; Approval of Meeting Whenever notice to the Members is required to be given under this Agreement, a written waiver, signed by the Person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to notice. Attendance of a Person at any such meeting of the Members shall constitute a waiver of notice of such meeting, except when the Person attends a meeting for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Members need be specified in any written waiver of notice unless so required by resolution of the Board. All waivers and approvals shall be filed with the Company records or made part of the minutes of the meeting.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • MOTION FOR PRELIMINARY APPROVAL The Parties agree to jointly prepare and file a motion for preliminary approval (“Motion for Preliminary Approval”) that complies with the Court’s current checklist for Preliminary Approvals.

  • PRELIMINARY APPROVAL OF SETTLEMENT Promptly upon execution of this Stipulation, Lead Plaintiffs will move for preliminary approval of the Settlement, certification of the Settlement Class for settlement purposes only, and the scheduling of a hearing for consideration of final approval of the Settlement, which motion shall be unopposed by Defendants. Concurrently with the motion for preliminary approval, Lead Plaintiffs shall apply to the Court for, and Defendants shall agree to, entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A.