Common use of Order of Preliminary Approval Clause in Contracts

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit 4. Pursuant to the Preliminary Approval Motion, Plaintiff will request that the Court: a. preliminarily and conditionally certify the Settlement Class for settlement purposes only; b. preliminarily appoint Class Counsel as counsel for the Settlement Class for settlement purposes only; c. preliminarily approve Plaintiff as Class Representative for settlement purposes only; d. preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval; approve the form of the Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; e. order that Class Notice to be disseminated as set forth in Article IX and order that Defendant shall bear all of the administrative costs associated with implementing and monitoring the Class Notice program; f. set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and g. set the Claims Deadline, the Objection Deadline and the Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Order of Preliminary Approval. As soon as practicable after On or before, August 29, 2016, pursuant to the execution of this AgreementCourt’s Order, Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit 42. Pursuant to the Preliminary Approval MotionParties’ agreement during the Mediation process, a full copy of the Motion and all exhibits thereto will be provided to I.C. System’s Counsel ten business days before it is filed with the Court. Pursuant to the motion for preliminary approval, the Plaintiff will request that the Courtthat: a. preliminarily and A. the Court conditionally certify the Settlement Class for settlement purposes only and appoint Class Counsel as counsel for the Class for settlement purposes only; b. preliminarily appoint Class Counsel as counsel for B. the Settlement Class for settlement purposes only; c. preliminarily approve Plaintiff as Class Representative for settlement purposes only; d. Court preliminarily approve the Settlement settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval; ; C. the Court approve the form of the Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; e. order that Class Notice to be disseminated as set forth in Article IX and order that Defendant shall bear all of D. the administrative costs associated with implementing and monitoring the Class Notice program; f. Court set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and, g. E. the Court set the Claims Deadline, the Objection Deadline and the Opt-Opt- Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Order of Preliminary Approval. As soon as practicable after the execution of this Agreement, Plaintiff shall move the Court for entry of the Preliminary Approval Order in substantially the form attached as Exhibit 4. D. Pursuant to the Preliminary Approval Motionmotion for preliminary approval, Plaintiff will request that the Courtthat: a. preliminarily and the Court conditionally certify the Settlement Class for settlement purposes only; b. preliminarily , appoint ▇▇▇▇▇▇▇▇ as the Class Representative of the Settlement Class for settlement purposes only, and appoint Class Counsel as counsel for the Settlement Class for settlement purposes only; c. preliminarily approve Plaintiff as Class Representative for settlement purposes only; d. b. the Court preliminarily approve the Settlement and this Agreement as fair, adequate and reasonable, and within the reasonable range of possible final approval; ; c. the Court approve the form form(s) of the Class Notice and find that the notice program set forth herein constitutes the best notice practicable under the circumstances, and satisfies due process and Rule 23 of the Federal Rules of Civil Procedure; e. order that Class Notice to be disseminated as set forth in Article IX and order that Defendant shall bear all of d. the administrative costs associated with implementing and monitoring the Class Notice program; f. Court set the date and time for the Final Approval Hearing, which may be continued by the Court from time to time without the necessity of further notice; and, g. e. the Court set the Claims Deadline, the Objection Deadline and the Opt-Opt- Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement