The Fairness Hearing. On or after two hundred and twenty-nine (229) Days after the Preliminary Approval Date, or such other date as may be set by the Court, the Court will consider any objections to or comments in support of the Settlement by Settlement Class Members and determine whether to enter an order which shall: a. Approve this Agreement; b. Dismiss, with prejudice, each class claim asserted in the MDL Action; and c. Permanently enjoin the Settlement Class Members from bringing or participating as absent class members in the pursuit of any Released Claims against the NCAA and/or its member institutions, either derivatively or on behalf of themselves, in any forum, action or proceeding of any kind.
Appears in 3 contracts
Sources: Second Amended Class Action Settlement Agreement and Release, Second Amended Class Action Settlement Agreement and Release, Second Amended Class Action Settlement Agreement and Release