Common use of Pursuant to Fed Clause in Contracts

Pursuant to Fed. R. Civ. P. 23(e), the terms of the Settlement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the class representatives and class counsel have adequately represented the Settlement Class; (B) the proposal was negotiated at arm’s length; (C) the relief provided for the class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the proposal treats class members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Pursuant to Fed. R. Civ. P. 23(e), the terms of the Settlement Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the class representatives Class Representative and class counsel Class Counsel have adequately represented the Settlement Classclass; (B) the proposal Settlement was negotiated at arm’s length; (C) the relief provided for the class Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the classClass, including the method of processing classClass-member Member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the proposal Settlement treats class members Class Members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Pursuant to Fed. R. Civ. P. 23(e), the terms of the Settlement Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the class representatives Class Representatives and class counsel Class Counsel have adequately represented the Settlement Classclass; (B) the proposal Settlement was negotiated at arm’s length; (C) the relief provided for the class Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the classClass, including the method of processing classClass-member Member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the proposal Settlement treats class members Class Members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).

Pursuant to Fed. R. Civ. P. 23(e), the terms of the Settlement Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because: (A) the class representatives Class Representatives and class counsel Class Counsel have adequately represented the Settlement Classclass; (B) the proposal Settlement was negotiated at arm’s length; (C) the relief provided for the class Class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal;appeal;‌ (ii) the effectiveness of any proposed method of distributing relief to the classClass, including the method of processing classClass-member Member claims, if required; (iii) the terms of any proposed award of attorneys’ fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3); and (D) the proposal Settlement treats class members Class Members equitably relative to each other. Fed. R. Civ. P. 23(e)(2).