Common use of Preliminary Approval Clause in Contracts

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date), requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant shall not oppose a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Co-Lead Counsel (but as soon as is reasonably practicable after in no event, no more than 45 calendar days from the Execution Effective Date), requesting entry of an order preliminarily approving the settlement this Settlement Agreement (“Preliminary Approval Order”). Settling Defendant shall not opposeoppose and shall reasonably cooperate in such motion, provided, however, that prior to filing a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. c. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. d. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. e. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the f. The Action with respect to Settling Defendant and Plaintiffs are Plaintiffs’ Claims is stayed until further order of as to the Court, Released Parties except as may be necessary to implement the settlement or comply with the terms thereofeffectuate this Settlement Agreement.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Co-Lead Counsel, requesting entry of an order preliminarily approving the settlement this Settlement Agreement (“Preliminary Approval Order”). Settling Defendant Defendants shall not opposeoppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s arm’s-length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”);the e. c. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. d. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. e. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. f. All proceedings in the Action above-captioned action with respect to Settling Defendant Defendants and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement Settlement or comply with the terms thereof.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Counsel, requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant shall not opposeof a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed;. c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant Defendants and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement Settlement or comply with the terms thereof.

Preliminary Approval. No later than ninety (90) business days after the Execution Date, Class Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date), motion requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Class Plaintiffs may combine the motion for Preliminary Approval with a motion to grant preliminary approval for settlement with any other Defendants. The Settling Defendant Parties shall mutually agree upon the timing of the filing of the motion for Preliminary Approval within the 90 day period specified above. At a reasonable time in advance of submission to the Court, the papers in support of Preliminary Approval, which shall include the proposed form of an order preliminarily approving this Settlement Agreement, shall be provided by Interim Co-Lead Counsel to ▇▇▇▇▇▇▇▇▇ Farms’ Counsel for its review. ▇▇▇▇▇▇▇▇▇ Farms shall not opposeoppose and shall reasonably cooperate in such motion, subject to the provisions below. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Settlement Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.

Preliminary Approval. No later than ninety (90) business days after the Execution Date, Class Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date), motion requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Class Plaintiffs may combine the motion for Preliminary Approval with a motion to grant preliminary approval for settlement with any other Defendants. The Settling Defendant Parties shall mutually agree upon the timing of the filing of the motion for Preliminary Approval within the 90 day period specified above. At a reasonable time in advance of submission to the Court, the papers in support of Preliminary Approval, which shall include the proposed form of an order preliminarily approving this Settlement Agreement, shall be provided by Interim Co-Lead Counsel to ▇▇▇▇▇▇▇’▇ Counsel for its review. ▇▇▇▇▇▇▇ shall not opposeoppose and shall reasonably cooperate in such motion, subject to the provisions below. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Settlement Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.

Preliminary Approval. Plaintiffs Within 14 business days of the Execution Date, EUCPs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Counsel, requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant A reasonable time in advance of submission to the Court, the papers in support of Preliminary Approval shall be provided by Class Counsel to ▇▇▇▇▇’▇ Counsel for its review. ▇▇▇▇▇ shall not opposeoppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”);the e. Class Members who wish to exclude themselves from the settlement and the Settlement Agreement must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All all proceedings in the Action with respect to Settling Defendant ▇▇▇▇▇ and Plaintiffs EUCPs are stayed until further order of the Court, except as may be necessary to implement the settlement reflected in this Settlement Agreement or comply with the terms thereof.

Preliminary Approval. Plaintiffs shall After executing this Agreement, the Parties will submit to the District Court a motionthe Agreement, at such time deemed appropriate and will request that the Court enter the Preliminary Approval Order in substantially similar form as the discretion proposed order attached as Exhibit A. In the Motion for Preliminary Approval, Plaintiffs will: (i) request that the Court grant preliminary approval of the proposed Settlement as sufficiently fair and reasonable to warrant notice to the Settlement Class Counsel Members; (but ii) provisionally certify the Settlement Class for settlement purposes and appoint Class Counsel; (iii) appoint Angeion Group as soon as the Claim Administrator; (iv) approve the forms of Notice and find that the Notice Plan is the best practicable notice under the circumstances, is reasonably practicable after calculated to apprise Settlement Class Members of the Execution Date), requesting entry Litigation and of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant shall not oppose a. the settlement proposed in their right to object or opt out of the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fairsatisfies the Due Process Clause, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, the requirements of any other applicable rules or law; (v) Preliminarily appoint the Named Plaintiffs as the Class Representatives and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, (vi) schedule a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court Final Approval Hearing to determine whether the proposed settlement is fairSettlement should be granted final approval, reasonable, whether an application for attorneys’ fees and adequatecosts should be granted, and whether it an application for service awards should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.granted..

Preliminary Approval. Within ten (10) days of the Effective Date, Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date), motion requesting entry of an order preliminarily approving the settlement Settlement Agreement (“Preliminary Approval Order”). Settling Defendant shall not opposetake no position with respect to such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. c. after Class Notice has been carried out, a hearing Fairness Hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”)Court; e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. d. Class Members who wish to object to this Settlement Agreement must submit an appropriate a valid and timely written statement of the grounds for objection;; and g. e. Class Members who wish to appear in person to object to this Settlement Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Co-Lead Counsel, requesting entry of an order preliminarily approving the settlement this Settlement Agreement (“Preliminary Approval Order”). Settling Defendant shall not opposeoppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s arm’s-length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. c. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. d. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. e. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. f. All proceedings in the Action above-captioned action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement Settlement or comply with the terms thereof.

Preliminary Approval. Plaintiffs shall submit to move the District Court and submit a motionproposed order, at such time deemed appropriate to be joined by Settling Defendants, substantially in the discretion form of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Exhibit A, attached hereto, requesting entry of an order preliminarily approving the settlement to the Settlement Class (“Preliminary Approval Order”). Settling Defendant The Preliminary Order shall not opposeprovide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; c. the Settlement Class defined herein be certified, designating Class Representatives and Settlement Class Counsel as defined herein, on the condition that the certification and designations shall be automatically vacated in the event that the Settlement Agreement is terminated pursuant to its terms or is not approved by the Court or any appellate court; d. after Class Notice has been carried out, a final hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings e. in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order aid of the Court, except as may be necessary ’s jurisdiction to implement and enforce the settlement or comply with the terms thereof.proposed settlement, Plaintiffs and all Settlement Class Members shall be preliminarily enjoined and barred from instituting,

Preliminary Approval. End-Payor Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date), motion requesting entry of an order preliminarily approving the settlement Settlement Agreement substantially in the form attached as Exhibit A hereto (“Preliminary Approval Order”). Settling Defendant shall not opposetake no position with respect to such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the ClassClasses; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. c. after Class Notice has been carried out, a hearing Fairness Hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”)Court; e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. d. Class Members who wish to object to this Settlement Agreement must submit an appropriate a valid and timely written statement of the grounds for objection;; and g. e. Class Members who wish to appear in person to object to this Settlement Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.

Preliminary Approval. No later than 14 business days after the Execution Date, Class Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date), motion requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Plaintiffs may combine the motion for Preliminary Approval with a motion to grant preliminary approval for settlement with any other Defendants. The Settling Defendant shall not opposeParties may delay the filing of Preliminary Approval by mutual agreement. At a reasonable time in advance of submission to the Court, the papers in a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Settlement Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. d. Settlement Class Members who wish to exclude themselves from the settlement and the Settlement Agreement must submit an appropriate and timely request for exclusion; f. e. Settlement Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. f. Settlement Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All g. all proceedings in the Action with respect to Settling Defendant ▇▇▇▇▇▇▇’s and Class Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement reflected in this Settlement Agreement or comply with the terms thereof.

Preliminary Approval. Plaintiffs Within 14 business days of the Execution Date, EUCPs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Counsel, requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant A reasonable time in advance of submission to the Court, the papers in support of Preliminary Approval shall be provided by Class Counsel to ▇▇▇▇▇’▇ Counsel for its review. Tyson shall not opposeoppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”);the e. Class Members who wish to exclude themselves from the settlement and the Settlement Agreement must submit an appropriate and timely request for exclusion; f. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All all proceedings in the Action with respect to Settling Defendant Tyson and Plaintiffs EUCPs are stayed until further order of the Court, except as may be necessary to implement the settlement reflected in this Settlement Agreement or comply with the terms thereof.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)which Supervalu shall not oppose, requesting entry of an order order, substantially in the form of Exhibit A, attached hereto, preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant The Preliminary Approval Order shall not opposeprovide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice will be given to Class Members at a time and in a manner consistent with the terms of this Agreement, which meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. after Class Notice has been carried out, c. a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. d. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. e. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Final Approval Hearing pursuant to directions provided by the Court; f. Attorneys representing Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of representation and the grounds for objection; and h. All proceedings in g. The claims by Plaintiff and the Action with respect to Settling Defendant and Plaintiffs Champaign DC Non-Arbitration Class against Supervalu are stayed until further order of the Court, for all purposes except as may be those necessary to implement the settlement or comply with the terms thereofeffectuate this Agreement.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Co-Lead Counsel (but as soon as is reasonably practicable after in no event, no more than 45 calendar days from the Execution Effective Date), requesting entry of an order preliminarily approving the settlement this Settlement Agreement (“Preliminary Approval Order”). Settling Defendant shall not opposeoppose and shall reasonably cooperate in such motion, provided, however, that prior to filing such a motion, Co-Lead Counsel shall provide Counsel for the Settling Defendant with a draft of such motion and consider in good faith reasonable and timely edits by Settling Defendant’s Counsel. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. c. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”);the e. d. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. e. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; g. f. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the g. The Action with respect to Settling Defendant and Plaintiffs are the Direct Purchaser Plaintiffs’ Claims is stayed until further order of as to the Court, Released Parties except as may be necessary to implement the settlement or comply with the terms thereofeffectuate this Settlement Agreement.

Preliminary Approval. Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Class Counsel (but as soon as is reasonably practicable after the Execution Date)Co-Lead Counsel, requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant Defendants shall not opposeoppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order shall provide that, inter alia: a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Class; b. the Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; d. c. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to determine whether the proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); e. d. Class Members who wish to exclude themselves must submit an appropriate and timely request for exclusion; f. e. Class Members who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection;; and g. f. Class Members who wish to appear in person to object to this Agreement may do so at the Fairness Hearing pursuant to directions by the Court; and h. All proceedings in the Action with respect to Settling Defendant and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the settlement or comply with the terms thereof.this