PRELIMINARY AND FINAL APPROVAL Sample Clauses
The "Preliminary and Final Approval" clause establishes a two-stage process for obtaining consent or authorization for certain actions or documents within an agreement. Initially, a party may be required to submit materials or proposals for preliminary review, during which feedback or conditions may be provided. After addressing any comments or requirements, the final version is then submitted for definitive approval. This clause ensures that all parties have the opportunity to review and influence important decisions or documents before they become binding, thereby reducing misunderstandings and promoting mutual agreement.
PRELIMINARY AND FINAL APPROVAL. 7.1 Promptly after the execution of this Agreement, Class Counsel shall submit this Agreement together with its Exhibits to the Court and shall move the Court for Preliminary Approval of the settlement set forth in this Agreement, appointment of Class Counsel and the Class Representatives, and entry of Preliminary Approval, which order shall set a Final Approval Hearing date and approve the Notice and Claim Form for dissemination in accordance with the Notice Plan.
7.2 At the time of the submission of this Agreement to the Court as described above, Class Counsel and Defendant’s Counsel shall request that, after Notice is disseminated to the Settlement Class, the Court hold a Final Approval Hearing and approve the settlement of the Action as set forth herein.
7.3 After Notice is disseminated to the Settlement Class, the Parties shall request and obtain from the Court a Final Judgment. The Final Judgment will (among other things):
(a) find that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve this Agreement, including all exhibits thereto;
(b) approve this Agreement and the proposed settlement as fair, reasonable and adequate as to, and in the best interests of, the Settlement Class Members; direct the Parties and their counsel to implement and consummate this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and all other Settlement Class Members, Releasing Parties, and their heirs, executors and administrators, successors and assigns;
(c) find that the Notice and the Notice Plan implemented pursuant to this Agreement (1) constitute the best practicable notice under the circumstances, (2) constitute notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from this Agreement and to appear at the Final Approval Hearing, (3) are reasonable and constitute due, adequate and sufficient notice to all Persons entitled to receive notice, and (4) meet all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution and the rules of the Court;
(d) find that the Class Representatives and Class Counsel adequately represented th...
PRELIMINARY AND FINAL APPROVAL. Within 5 days of the execution of this Agreement, Plaintiffs shall file in the Court a motion for preliminary approval of the Settlement, and supporting memoranda, and will share with Virgin Scent’s counsel a draft of the motion and memoranda before filing. The Settling Parties shall request that, within the timeframe set forth herein, and in accordance with Rule 23 of the Federal Rules of Civil Procedure, the Court enter an Order Preliminarily Approving the Settlement and Providing for Notice, the form of which is attached to this Agreement as Exhibit A, that accomplishes the following: (a) certifies the Settlement Class; (b) appoints Class Counsel; (c) appoints the Class Administrator; (d) establishes the time periods and deadlines for Class Notice, Opt-outs, Objections, and a Final Fairness Hearing; and (e) establishing the date for the Final Fairness Hearing. Following entry of the Order Preliminarily Approving the Settlement and Providing for Notice, Plaintiffs then shall file a motion for final approval of the Settlement, and supporting memoranda, and will share with ▇▇▇▇▇▇ ▇▇▇▇▇’s counsel a draft of the motion and memoranda before filing. The Settling Parties shall request that the Court; (a) approve the Settlement, including the Plan of Payment; and (b) enter the Judgment and the Attorneys’ Fee, Costs, and Expenses Award.
PRELIMINARY AND FINAL APPROVAL. 10.1. Plaintiff, through Class Counsel, will request that the Court enter a preliminary approval order in the form attached hereto as Exhibit C and schedule the Fairness Hearing for purposes of determining the fairness of the Settlement, considering the motions for approval of Class Counsel’s Fees and Expenses and Plaintiff’s Service Award, granting final approval of the Settlement and this Agreement, and entering the Order and Judgment.
10.2. Class Counsel will file a Motion for Final Approval of the Settlement and an Application for Fees and Expenses no later than 14 days after the Notice Date. The Motion for Final Approval of the Settlement will include the Class List and a proposed Final Order and Judgment in a form agreed to by the Parties. The Final Approval Order proposed by the Parties will, among other things: (a) approve the proposed Settlement as fair, reasonable, and adequate;
PRELIMINARY AND FINAL APPROVAL. 16 10. RELEASE............................................................................................................ 17 11. INTERPRETATION AND ENFORCEMENT OF AGREEMENT ................... 18 19 20 21 22 23 24 25 26 27 28 1 SETTLEMENT AGREEMENT 2 Subject to approval by the Sacramento Superior Court, this settlement agreement 3 (“Agreement”) is entered into by and between Plaintiffs ▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇, on behalf of themselves and the certified class they represent, and Defendants Capitol Express Lines,
PRELIMINARY AND FINAL APPROVAL. 59. The Bucks will immediately move for a preliminary determination regarding certification of the Settlement Classes and approval of the Settlement, authorization to provide Class Notice, and the scheduling of the Fairness/Final Approval Hearing for consideration of final approval of the Settlement, which motion shall be unopposed by AGLIC. The motion for preliminary approval shall seek entry of the Preliminary Approval Order attached hereto as Exhibit E.
60. In accordance with a schedule to be set by the Court, Class Counsel will file a motion for final approval and judgment seeking certification of the Settlement Classes and final approval of the Settlement, and a motion for Class Counsel’s fees and expenses. The motion for final approval shall seek entry of the Final Approval Order and Judgment.
PRELIMINARY AND FINAL APPROVAL. 10.1. Plaintiff, through Class Counsel, will request that the Court enter a preliminary approval order and schedule the Fairness Hearing for purposes of determining the fairness of the Settlement, considering the motions for approval of Class Counsel’s Fees and Expenses and Plaintiff’s Service Award, granting final approval of the Settlement and this Agreement, and entering the Order and Judgment.
10.2. Class Counsel will file a motion for Order and Judgment seeking certification of the Settlement Class, except for members who timely and validly seek exclusion, and final approval of the Settlement and a motion for Class Counsel’s Fees and Expenses and Plaintiff’s Service Award. The motion for Order and Judgment will include the Class List and a proposed Order and Judgment in a form agreed to by the Parties. The Order and Judgment proposed by the Parties will, among other things: (a) approve the proposed Settlement as fair, reasonable, and adequate; (b) dismiss the Action with prejudice pursuant to Federal Rule of Civil Procedure 41, with jurisdiction retained by the Court to enforce the terms of the Agreement; and (c) permanently enjoin all Settlement Class Members from filing, prosecuting, maintaining, or continuing litigation based on or related to the Released Claims.
PRELIMINARY AND FINAL APPROVAL. 5.1 As soon as practicable after execution of this Settlement Agreement, Class Counsel shall file a motion with the court for preliminary approval of the Settlement Agreement, requesting entry of a Preliminary Approval Order substantially in the form attached hereto as Exhibit 3, requesting:
(a) Certification of the Class for settlement purposes only;
(b) Preliminary approval of this Settlement Agreement;
(c) Appointment of ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, of ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, as Lead Counsel.
(d) Appointment of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ of OlsenDaines, ▇▇▇▇▇ ▇▇▇▇▇ of The Law Office of ▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇ of ▇▇▇▇▇▇ & ▇▇▇▇▇▇ LLP, together with Lead Counsel, as Class Counsel.
(e) Appointment of the Representative Plaintiffs as Class representatives.
(f) Approval of the Notice Program described in Section 6;
(g) Approval of a publication notice form, in-store notice, and website notice in substantially the form attached as Exhibit 4;
(h) Appointment of the Claims Administrator;
(i) A deadline for the submission of objections to the Settlement Agreement;
(j) A deadline for the submission of any written notice by a Class Member to opt out of the Settlement Agreement as provided for in section 7 below; and
(k) A hearing date for a motion for final approval.
(l) Approval of a Claim Form substantially similar to that attached hereto as Exhibit 1.
5.2 Upon the expiration of the time provided for in the Preliminary Approval Order for objections to the Settlement Agreement, Class Counsel shall file a motion for final approval of the Settlement Agreement. The proposed Final Approval Order and General Judgment that shall be filed with a motion for final approval shall be in form substantially similar to the form attached hereto as Exhibit 2, and shall: and reasonable;
(a) Determine that the Settlement Agreement is fair, adequate,
(b) Finally certify the Settlement Class, for settlement purposes only;
(c) Determine that the Notice Program satisfies due process requirements;
(d) Dismiss all claims in the Action with prejudice;
(e) Release and forever discharge Burgerville and the other Released Persons from the Released Claims; and
(f) Bar and enjoin the Settlement Class Members from asserting any of the Released Claims.
PRELIMINARY AND FINAL APPROVAL. On or before July 2, 2021, Plaintiffs shall file in the Court a motion for preliminary approval of the Settlement, and supporting memoranda, and will share a draft of the motion and memoranda before filing. The Settling Parties shall request that, within the timeframe set forth herein, and in accordance with Rule 23 of the Federal Rules of Civil Procedure, the Court: (a) certify the Settlement Class; (b) appoint Class Counsel; (c) appoint the Class Administrator; (d) establish the time periods and deadlines for Class Notice, Opt-outs, Objections, and a Final Fairness Hearing; and (e) hold the Final Fairness Hearing. Following an order of preliminary approval, Plaintiffs then shall file a motion for final approval of the Settlement, and supporting memoranda, and will share a draft of the motion and memoranda before filing. The Settling Parties shall request that the Court; (a) approve the Settlement, including the Plan of Payment; and (b) enter the Judgment and the Attorneys’ Fee, Costs, and Expenses Award.