Preliminary Approval Proceedings Clause Samples

The Preliminary Approval Proceedings clause outlines the process by which a court initially reviews and approves a proposed settlement or agreement before final approval is granted. Typically, this clause details the steps required for the parties to submit the settlement for preliminary judicial review, including the necessary documentation and notice to affected parties. Its core function is to ensure that the settlement meets minimum legal standards and that all interested parties are informed and given an opportunity to respond, thereby safeguarding fairness and transparency in the approval process.
Preliminary Approval Proceedings. (i) Within 14 days of ACT confirming in writing to Class Counsel that all ACT examinees will be able, going forward, to enroll in EOS in the same manner during the process of registering to take the ACT Test and to be assigned ACT ID numbers, without regard to whether an examinee will test with or without accommodations and without regard to whether an examinee has or does not have any disabilities (the “Confirmation of Completion of Changes”), Plaintiffs shall apply to the Court for a Preliminary Approval Order. The Confirmation of Completion of Changes will inform Class Counsel the date on which ACT completed the changes (the “Date of Completion of Changes”). This Settlement Agreement shall remain confidential until such time as ACT has provided the Confirmation of Completion of Changes to Class Counsel and Plaintiffs apply to the Court for a Preliminary Approval Order. (ii) In the event that ACT is not able to make and provide Confirmation of Completion of Changes on or before September 1, 2020, due to technological difficulties or other unforeseen circumstances, Defense Counsel shall notify Class Counsel and ACT shall have a one-time extension to October 1, 2020 to provide a Certification of Completion. If ACT is unable to provide a Certification of Completion by December 1, 2020 and the Parties are unable to resolve the timing of the Certification of Completion amongst themselves, the Parties shall submit the issue to the Court to weigh the balance of equities as between ACT and the settlement class members at the time of submission and make a decision as to when the Confirmation of Completion of Changes shall be completed.
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Preliminary Approval Proceedings. Promptly after execution of the Agreement, Plaintiffs will submit the Agreement together with its Exhibits to the Court and will apply for entry of an order, substantially in the form of Exhibit D, requesting, inter alia, preliminary approval of the Settlement set forth in the Agreement; the setting of dates for the mailing of the Notice, Claim Form Deadline, Opt-Out Deadline, Objection Deadline, and Final Approval Hearing; approval of the Claims Administrator; appointment of the Special Master; and approval of the Notice.
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Preliminary Approval Proceedings. Promptly after execution of this Settlement Agreement, Class Counsel (as defined in Paragraph 10(a) below) will submit this Settlement Agreement together with its Exhibits to the Court, and will file an assented-to motion seeking entry of an order substantially in the form attached hereto as Exhibit A (the “Preliminary Approval Order”), requesting, among other things: (a) Preliminary approval of the Settlement; (b) Approval of Notice in the form attached hereto as Exhibit B; (c) Approval of a Summary Notice in the form attached hereto as Exhibits C- 1, C-2, and C-3; (d) Establishment of (1) a deadline for the Settlement Administrator to deliver Notice to Class Members; and (2) the date (the “Final Approval Hearing Date”) on which to conduct a hearing (the “Final Approval Hearing”) to determine whether to grant final approval to the Settlement and other related matters pursuant to Mass. R. Civ. P. 23 and ▇.▇. ▇. 93A, § 9(2); (e) Establishment of a deadline for Class Members to object to the Settlement (“Objection Deadline”), which shall be no later than thirty (30) days before the Final Approval Hearing Date; and
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Related to Preliminary Approval Proceedings

  • 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 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.

  • Proceedings; Orders Except as set forth in Part 2.25 of the Seller Disclosure Schedule, there is no pending Proceeding, and to the best of the knowledge of the Seller and the Members no Person has threatened to commence any Proceeding: (i) that involves the Seller or that otherwise relates to or might affect the business of the Seller or any of the Assets (whether or not the Seller is named as a party thereto); or (ii) that challenges, or that may have the effect of preventing, delaying, making illegal or otherwise interfering with, any of the Transactions. Except as set forth in Part 2.25 of the Seller Disclosure Schedule, to the best of the knowledge of the Seller and the Members no event has occurred, and no claim, dispute or other condition or circumstance exists, that might directly or indirectly give rise to or serve as a basis for the commencement of any such Proceeding. Except as set forth in Part 2.25 of the Seller Disclosure Schedule, no Proceeding has ever been commenced by or against the Seller. The Members and the Seller have delivered to the Purchaser accurate and complete copies of all pleadings, correspondence and other written materials (to which any of the Members or the Seller has access and which are not subject to the attorney client privilege or work product doctrine) that relate to the Proceedings identified in Part 2.25 of the Seller Disclosure Schedule. There is no Order to which the Seller, or any of the assets owned or used by the Seller, is subject; and none of the Members or any other Related Party is subject to any Order that relates to the Seller's business or to any of the assets of the Seller. To the best of the knowledge of the Seller and the Members, no employee of the Seller is subject to any Order that may prohibit employee from engaging in or continuing any conduct, activity or practice relating to the business of the Seller. There is no proposed Order that, if issued or otherwise put into effect, (i) may have an adverse effect on the business, condition, assets, liabilities, operations, financial performance or net income of the Seller or on the ability of any Member or the Seller to comply with or perform any covenant or obligation under any of the Transactional Agreements, or (ii) may have the effect of preventing, delaying, making illegal or otherwise interfering with any of the Transactions.