Common use of PRELIMINARY AND FINAL APPROVAL Clause in Contracts

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.