PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT Sample Clauses

The Preliminary Approval of Class Action Settlement clause establishes the court's initial review and authorization of a proposed settlement agreement in a class action lawsuit. This clause typically outlines the process by which the court examines the fairness, adequacy, and reasonableness of the settlement terms before notifying class members and scheduling a final approval hearing. It ensures that the settlement meets legal standards and protects the interests of all class members, thereby preventing unfair or inadequate resolutions from proceeding without proper judicial oversight.
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. This case comes before the Court for hearing on Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement (“the Motion”), which is subject to approval by the Court.
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PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. (2) FINAL APPROVAL HEARING; AND (3) RIGHT TO OBJECT OR OPT OUT THIS NOTICE AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY. The amount you will receive from the Settlement is listed on your Notice below. You will be bound by the terms of the Settlement unless you exclude yourself from the Class, see instructions below. Please see below for a more complete explanation of your options under the Settlement.
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PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. 16 1. All defined terms contained herein shall have the same meanings as set forth in the 17 Class Action Settlement Agreement executed by the Settling Parties and filed with this Court (the 18 “Settlement Agreement”). 19 2. The Court finds that the requirement of Rules 23(a)(1)-(4), 23(b), 23(c)(4), and 23(e) of 20 the Federal Rules of Civil Procedure have been satisfied for purposes of preliminary approval of the 21 Class Action Settlement and the Settlement Agreement, such that notices of the Class Action 22 Settlement and the Settlement Agreement should be directed to the Priority Subclass members and 23 Unsecured Subclass members and a Final Approval Hearing should be set. 24 3. The Class Action Settlement and the Settlement Agreement are preliminarily approved 25 by the Court.
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PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. This matter is before the Court upon the Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. Having reviewed the Settlement Agreement dated September 7, 2022, between Plaintiffs, ▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, individually and as representatives of the Settlement Classes defined below, and Defendants, SCI Direct, Inc. (“SCI Direct”), Neptune Society Management Corporation d/b/a Neptune Society (“Neptune”) , and NCS Marketing Services, LLC d/b/a/ National Cremation Society (“NCS,” and together with SCI Direct and Neptune “Defendants”) (Plaintiffs, SCI Direct, Neptune and NCS may be referred to as a “Party” and collectively referred to as the “Parties”) and each of its Exhibits; and the record in this case; and having conducted a preliminary approval hearing on , 2022, and being otherwise fully advised of all relevant details, it is hereby ORDERED AND ADJUDGED that Plaintiffs’ Unopposed Motion for Preliminary Approval of Proposed Class Action Settlement is GRANTED as follows:
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PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. This matter is before the Court on Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. Plaintiffs, individually and on behalf of the proposed Class, and Defendant have entered into a Settlement Agreement and Release, dated [DATE] (“Settlement Agreement”) that, if approved, would settle the above-captioned litigation. Having considered the Motion, the Settlement Agreement together with all exhibits and attachments thereto, the record in this matter, and the briefs and arguments of counsel, IT IS ▇▇▇▇▇▇ ORDERED as follows:
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PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. The Court, having considered all matters submitted to it at the preliminary approval hearing and otherwise, and finding no just reason for delay in entry of this Preliminary Approval Order,1 and good cause appearing therefore, and having considered the papers filed and proceedings held in connection with the Settlement, having considered all the other files, records, and proceedings in the Action, and being otherwise fully advised,
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Related to PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

  • 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.

  • Preliminary Approval Order “Preliminary Approval Order” means the order of the Court preliminarily approving this Settlement Agreement.

  • Preliminary Approval 50. Upon execution of this Agreement by all signatories, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached as Exhibit 1 to this Agreement. The motion for preliminary approval shall request that the Court: (1) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e) for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the Notice; (4) approve the procedures set forth in Section VII for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5) stay the Action pending Final Approval of the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim; and (7) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards (“Final Approval Hearing”). 51. Within 10 days of the filing of the motion for preliminary approval, SPE, at its own expense, shall serve or cause to be served a notice of the proposed Settlement, in conformance with the requirements under the Class Action ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. § ▇▇▇▇(▇) (“CAFA”).

  • Preliminary Settlement Statement Not less than five Business Days prior to the Closing, EXCO shall prepare and submit to BG for review, using the best information available to EXCO, a draft settlement statement (the “Preliminary Settlement Statement”) that shall set forth the Adjusted Closing Cash Consideration, reflecting each adjustment made in accordance with this Agreement as of the date of preparation of such Preliminary Settlement Statement and the calculation of the adjustments used to determine such amount, together with the designation of EXCO’s accounts for the wire transfers of funds as set forth in Section 9.3(c). Within three Business Days of receipt of the Preliminary Settlement Statement, BG will deliver to EXCO a written report containing all changes with the explanation therefor that BG proposes to be made to the Preliminary Settlement Statement, or if BG does not deliver such a written report, BG shall be deemed to have accepted such Preliminary Settlement Statement. During such 3 Business Day period, EXCO shall provide to BG any supporting documentation or information relating to the Preliminary Settlement Statement reasonably requested by BG as soon as reasonably practicable. The Preliminary Settlement Statement, as agreed upon by the Parties, will be used to adjust the Closing Cash Consideration at Closing, without limitation to BG’s right to challenge any adjustments to the Closing Cash Consideration as provided in Sections 3.6 through 3.8 below. If the Parties cannot agree on the Preliminary Settlement Statement prior to the Closing, the Preliminary Settlement Statement as presented by EXCO will be used to adjust the Closing Cash Consideration at Closing.

  • Termination Settlement Upon the occurrence of any Acceleration Event, Dealer shall have the right to designate, upon at least one Scheduled Trading Day’s notice, any Scheduled Trading Day following such occurrence to be a Settlement Date hereunder (a “Termination Settlement Date”) to which Physical Settlement shall apply, and to select the number of Settlement Shares relating to such Termination Settlement Date; provided that (i) in the case of an Acceleration Event arising out of an Ownership Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares necessary to reduce the Share Amount to reasonably below the Post-Effective Limit and (ii) in the case of an Acceleration Event arising out of a Stock Borrow Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares as to which such Stock Borrow Event exists. If, upon designation of a Termination Settlement Date by Dealer pursuant to the preceding sentence, Counterparty fails to deliver the Settlement Shares relating to such Termination Settlement Date when due or otherwise fails to perform obligations within its control in respect of the Transaction, it shall be an Event of Default with respect to Counterparty and Section 6 of the Agreement shall apply. If an Acceleration Event occurs during an Unwind Period relating to a number of Settlement Shares to which Cash Settlement or Net Share Settlement applies, then on the Termination Settlement Date relating to such Acceleration Event, notwithstanding any election to the contrary by Counterparty, Cash Settlement or Net Share Settlement shall apply to the portion of the Settlement Shares relating to such Unwind Period as to which Dealer has unwound its hedge (assuming that Dealer has a commercially reasonable hedge and unwinds its hedge in a commercially reasonable manner) and Physical Settlement shall apply in respect of (x) the remainder (if any) of such Settlement Shares and (y) the Settlement Shares designated by Dealer in respect of such Termination Settlement Date. If an Acceleration Event occurs after Counterparty has designated a Settlement Date to which Physical Settlement applies but before the relevant Settlement Shares have been delivered to Dealer, then Dealer shall have the right to cancel such Settlement Date and designate a Termination Settlement Date in respect of such Shares pursuant to the first sentence hereof. Notwithstanding the foregoing, in the case of a Nationalization or Merger Event, if at the time of the related Relevant Settlement Date the Shares have changed into cash or any other property or the right to receive cash or any other property, the Calculation Agent shall adjust the nature of the Shares as it determines appropriate to account for such change such that the nature of the Shares is consistent with what shareholders receive in such event. If Dealer designates a Termination Settlement Date as a result of an Acceleration Event caused by an excess dividend of the type described in Paragraph 7(f)(ii), no adjustments(s) shall be made to the terms of this contract to account for the amount of such excess dividend.