Common use of Preliminary Approval Order Clause in Contracts

Preliminary Approval Order. As soon as practicable after execution of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for entry of the Preliminary Approval Order in the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement; i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;

Preliminary Approval Order. The Parties shall promptly seek the Court’s approval of this settlement, but in no event earlier than June 28, 2024. As soon as practicable on or after execution of this AgreementJune 28, Class 2024, Plaintiff and Plaintiff’s Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for the entry of the a Preliminary Approval Order which would accomplish the following: (a) preliminarily approves the settlement subject to the final review and approval by the Court; (b) certifies the Settlement Class and appoints Plaintiff as Settlement Class Representative and the law firm of ▇▇▇▇▇ ▇▇▇▇▇, PLLC as Settlement Class Counsel for purposes of the settlement only; (c) preliminarily approves the Settlement Administrator selected by the Parties and preliminarily approves payment of the Settlement Administrator’s reasonable costs, subject to final review and approval by the Court; (d) preliminarily approves an award of attorneys’ fees and costs to Plaintiff’s Counsel, subject to final review and approval by the Court; (e) preliminarily approves a service award to Plaintiff, subject to final review and approval by the Court; (f) approves, as to form and content, the proposed Notice and Claim Form attached hereto as Exhibits A and B, respectively; (g) directs the emailing and mailing of the Notice and Claim Form to the Settlement Class Members; (h) directs the emailing of the Supplemental Notice in the form of attached hereto as Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject C to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class Members who have not requested exclusion and who have not submitted a claim form as of the 30th day of the notice period, in accord with Paragraph 14, above; and (i) schedules a final approval hearing on the question of whether the settlement, including the payment of attorneys’ fees and costs and the service award should be finally approved as fair, reasonable, and adequate, and finally resolving any outstanding issues or disputes remaining from the administration of the Notice. Not later than 7 days before filing the motion for settlement purposes only; c. appoint preliminary approval, Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set Counsel will submit a schedule near-final draft thereof (including all supporting papers and proposed order) to Defendant’s Counsel for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling their review and comments. Defendant’s Counsel shall promptly provide Plaintiff’s Counsel a Final Approval Hearing dateredline draft with any proposed changes, which the parties Plaintiff’s Counsel shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve the manner and form of Class Notice and authorize same for dissemination consider in accordance with Section 7 of this Agreement; h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement; i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;good faith.

Preliminary Approval Order. As soon Class Counsel agrees that the proposed Preliminary Approval Order, which will be filed with the Motion for Preliminary Approval, will be in substantially the same form as practicable after execution Exhibit D. The Preliminary Approval Order shall (i) preliminarily approve the Settlement memorialized in this Settlement Agreement as fair, reasonable, and adequate, including the material terms of this Settlement Agreement; (ii) set a date for a Final Fairness Hearing; (iii) state that if Final Approval of the Settlement is not obtained, the Settlement is null and void, and the Parties will revert to their positions ex ante without prejudice to their rights, claims, or defenses; (iv) approve the proposed Class Notices in the forms attached hereto as Exhibits A through C, and authorize their dissemination to the Settlement Class; (v) set deadlines consistent with this Settlement Agreement for emailing and mailing of the Class Notice, the filing of objections, the filing of motions, and the filing of papers in connection with the Final Fairness Hearing; (vi) appoint and approve the Settlement Administrator; (vii) set deadlines by which Plaintiffs and Class Counsel shall submit this Agreement together with all exhibits referenced herein file their Motion for Final Approval, which shall be at least forty-five (45) days prior to the Final Fairness Hearing; (viii) state that any appeal of the Court’s order on the Fee and Cost Award or the motion for a Service Award shall have no effect on the Court’s Final Approval of the Settlement; and (ix) prohibit and preliminarily enjoin the Class Representatives, all Settlement Class Members (excepting those who are Successful Opt-Outs), and shall apply Class Counsel from commencing, prosecuting, or assisting in any lawsuit against the Released Parties that asserts or purports to assert matters within the Court for scope of the Release during the time between entry of the Preliminary Approval Order in and final determination by the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject Court regarding whether to the grant Final Approval Hearing) as fair and reasonable; b. preliminarily certify of the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as Settlement. ▇▇▇▇ agrees that it will not oppose the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve , provided it is substantially in the manner and form of Class Notice Exhibit D hereto and authorize same for dissemination in accordance consistent with Section 7 the material terms of this Agreement; h. approve the manner in whichSettlement. Without implication of limitation, and deadline by which, Persons in BANA’s agreement that it will not oppose the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 entry of this Agreement; i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to be an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or concession by it that a class was appropriate in the Action (other than for purposes of this Settlement) or would be appropriately certified;appropriate in any other matter, and/or that any relief was appropriate in the Action, for litigation purposes, or would be appropriate in any other matter.

Preliminary Approval Order. As soon as practicable after execution a. Plaintiff will file an unopposed motion for an order conditionally certifying the Settlement Class, appointment of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein and the Class Representatives, giving Preliminary Approval to the Courtsettlement, and shall apply to the Court for entry of the Preliminary Approval Order Order, substantially in the form of Exhibit 5 that attached hereto. The proposed Preliminary Approval Order shallas an Exhibit, among other things: a. preliminarily approve this Agreement (subject to setting a date for the Final Approval Hearing) as fair , and reasonable;approving the Notice (the “Unopposed Motion for Preliminary Approval”). The motion will also request a stay of the Litigation and Plaintiff agrees not to initiate or continue any proceedings or requests for relief relating to the events underlying the Litigation, other than proceedings incident to this settlement. b. preliminarily certify At the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as time of the Class Representative; e. appoint KCC as the Settlement Administrator; f. set a schedule for proceedings concerning final approval submission of this SettlementSettlement Agreement to the Court as described above, includingthe Parties shall request that, but not limited toafter Notice is given, scheduling the Court hold a Final Approval Hearing date, which the parties shall request to be set no earlier than two hundred and twenty days (220) approximately 120 days after entry of the Preliminary Approval Order; g. Order and approve the manner settlement of the Litigation as set forth herein. c. Contemporaneously with filing the Unopposed Motion for Preliminary Approval, Plaintiff will file an unopposed motion to amend the complaint (for settlement purposes only) to name additional defendants affiliated with the non- Defendant Communities, to be consistent with the class definition in Paragraph 43. d. At the hearing on the Unopposed Motion for Preliminary Approval, the Parties will jointly appear, support the granting of the Unopposed Motion for Preliminary Approval and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. approve the manner in whichmotion to amend, and deadline by which, Persons in submit a proposed order: granting conditional certification of the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 preliminary approval of this the Settlement Agreement; i. set a time and date for objections by Parties ; granting the motion to amend the complaint consistent with Paragraph 50(c); staying the Litigation; appointing the Class Representatives and Class Members Counsel; approving the forms of Notice to the Settlement Class of the settlement; and a setting the Final Approval Hearing, which may be continued from time . e. Should the Court decline to time without preliminarily approve any aspect of the necessity of further noticeSettlement Agreement, the opt-out deadline Settlement Agreement will be null and void, the Parties will have no further obligations under it, and the Objection Deadline; j. Parties will revert to their prior positions in the Court’s Preliminary Approval Order shall reflect that Litigation as if the Parties’ agree that this Settlement does settlement had not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;occurred.

Preliminary Approval Order. As soon as practicable after Promptly following the execution of this Agreement, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court Court, and Defendant’s Counsel shall file a notice joining such application or otherwise not oppose such application, for entry of the Preliminary Approval Order in the form of Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Settlement Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class for settlement purposes only; c. appoint Plaintiff’s undersigned counsel as Class Counsel; d. c. appoint Plaintiff as the Class Representative; e. d. appoint KCC as the Settlement Administrator; f. e. set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties shall request to be set scheduled no earlier than two one hundred and twenty days thirty (220130) days after entry of the Preliminary Approval Order; g. f. approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. g. approve the manner in which, which and deadline by which, Persons which persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this AgreementExclusion; i. set a time and date for objections by Parties and Class Members and h. schedule a Final Approval Hearing; i. provide, which may be continued from time to time without the necessity pending entry of further noticea Final Approval Order and Judgment, the opt-out deadline and Parties shall cooperate in seeking orders that no person in the Objection DeadlineSettlement Class shall commence or continue any action, in any capacity, against Defendant or any other Released Parties asserting any of the Released Claims; j. issue a stay in the Court’s Action, other than such proceedings as are related to this Settlement Agreement; and k. provide Defendant has made no admissions in relation to the negotiation or execution of this Settlement Agreement or any document based upon, arising out of, related to, or otherwise in connection therewith. The Preliminary Approval Order shall reflect that further authorize the Parties’ , without further approval from the Court, to agree that to and adopt such amendments, modifications, and expansions of this Settlement does Agreement and its implementing documents, including, but not amount limited to, all exhibits hereto, so long as such amendments, modifications, and expansions are consistent in all material respects with the proposed terms of the Final Approval Order and Judgment as set forth in Exhibit 2 to an admission of liability and that the this Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;Agreement.

Preliminary Approval Order. As soon as practicable Within three (3) days after execution of this AgreementAgreement by Plaintiff and by Cruise Defendants, Class Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for entry of the Preliminary Approval Order in the form of Exhibit 5 3 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. (a) preliminarily approve this Agreement (subject to the Final Approval Hearing) as fair and reasonable; b. (b) preliminarily certify the Settlement Class for settlement purposes only; c. (c) appoint Plaintiff’s undersigned counsel as Class Counsel; d. (d) appoint Plaintiff as the Class Representative; e. (e) appoint KCC Class Counsel and Cruise Defendants’ Counsel jointly as the Settlement Administrator; f. (f) set a schedule for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling a Final Approval Hearing date, which the parties Parties shall request to be set no earlier than two one hundred and twenty days (220120) days after entry of the Preliminary Approval Order; g. (g) approve the manner and form of Class Notice and authorize same for dissemination in accordance with Section 7 of this Agreement; h. (h) approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 2.38 and 10.1 10 of this Agreement;; and i. (i) set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out optout deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;.

Preliminary Approval Order. The Parties shall promptly seek the Court’s approval of this settlement, but in no event earlier than June 12, 2024. As soon as practicable on or after execution of this AgreementJune 12, Class 2024, Plaintiff and Plaintiff’s Counsel shall submit this Agreement together with all exhibits referenced herein to the Court, and shall apply to the Court for the entry of the a Preliminary Approval Order which would accomplish the following: (a) preliminarily approves the settlement subject to the final review and approval by the Court; (b) certifies the Settlement Class and appoints Plaintiff as Settlement Class Representative and the law firm of ▇▇▇▇▇ ▇▇▇▇▇, PLLC as Settlement Class Counsel for purposes of the settlement only; (c) preliminarily approves the Settlement Administrator selected by the Parties and preliminarily approves payment of the Settlement Administrator’s reasonable costs, subject to final review and approval by the Court; (d) preliminarily approves an award of attorneys’ fees and costs to Plaintiff’s Counsel, subject to final review and approval by the Court; (e) preliminarily approves a service award to Plaintiff, subject to final review and approval by the Court; (f) approves, as to form and content, the proposed Notice and Claim Form attached hereto as Exhibits A and B, respectively; (g) directs the emailing and mailing of the Notice and Claim Form to the Settlement Class Members; (h) directs the emailing of the Supplemental Notice in the form of attached hereto as Exhibit 5 attached hereto. The proposed Preliminary Approval Order shall, among other things: a. preliminarily approve this Agreement (subject C to the Final Approval Hearing) as fair and reasonable; b. preliminarily certify the Settlement Class Members who have not requested exclusion and who have not submitted a claim form as of the 30th day of the notice period, in accord with Paragraph 14, above; and (i) schedules a final approval hearing on the question of whether the settlement, including the payment of attorneys’ fees and costs and the service award should be finally approved as fair, reasonable, and adequate, and finally resolving any outstanding issues or disputes remaining from the administration of the Notice. Not later than 7 days before filing the motion for settlement purposes only; c. appoint preliminary approval, Plaintiff’s undersigned counsel as Class Counsel; d. appoint Plaintiff as the Class Representative; e. appoint KCC as the Settlement Administrator; f. set Counsel will submit a schedule near-final draft thereof (including all supporting papers and proposed order) to Defendants’ Counsel for proceedings concerning final approval of this Settlement, including, but not limited to, scheduling their review and comments. Defendants’ Counsel shall promptly provide Plaintiff’s Counsel a Final Approval Hearing dateredline draft with any proposed changes, which the parties Plaintiff’s Counsel shall request to be set no earlier than two hundred and twenty days (220) days after entry of the Preliminary Approval Order; g. approve the manner and form of Class Notice and authorize same for dissemination consider in accordance with Section 7 of this Agreement; h. approve the manner in which, and deadline by which, Persons in the Settlement Class may submit a Request for Exclusion as described in Sections 2.41 and 10.1 of this Agreement; i. set a time and date for objections by Parties and Class Members and a Final Approval Hearing, which may be continued from time to time without the necessity of further notice, the opt-out deadline and the Objection Deadline; j. the Court’s Preliminary Approval Order shall reflect that the Parties’ agree that this Settlement does not amount to an admission of liability and that the Settlement is not admissible in any future lawsuit to suggest any TCPA liability or that a class would be appropriately certified;good faith.