PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT Sample Clauses

PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 5.1 On or before December 10, 2019, this Settlement Agreement shall be signed by all Parties and, no later than December 13, 2019, the Parties shall submit this Settlement Agreement to the Court for preliminary approval. The Settlement Agreement shall be submitted by filing a Joint Motion for Preliminary Approval of Proposed Settlement signed by or on behalf of the Class, Plaintiffs and BBUSA, with a proposed form of order attached thereto that will include the Court’s preliminary approval of the Settlement Agreement and a determination that the settlement is fair, reasonable and adequate.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 7.1 On or before October _, 2022, this Settlement Agreement shall be signed by all Parties and the Parties shall submit this Settlement Agreement to the Court for preliminary approval. This submission shall be made by means of a Joint Motion for Preliminary Approval of Proposed Settlement signed by or on behalf of the Class, the Plaintiffs, and BCBSLA with a proposed form Preliminary Approval Order attached thereto, which order of preliminary approval will include the Court’s preliminary approval of the Settlement Agreement, a preliminary determination that the settlement set forth therein is fair, reasonable, and adequate, and provisions specifying notice to the Class as contemplated by La. C.C.P. art. 594. The Preliminary Approval Order shall be substantially in the form attached hereto as Exhibit 2.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 1. The Court hereby grants the parties’ joint motion for preliminary approval.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 1. The Court preliminarily approves the proposed Settlement Agreement, including the Allocation Decision, because the Parties have shown, and the Court concludes, that, pursuant to Federal Rule of Civil Procedure 23(e)(1)(B)(i), the Court will likely be able to grant final approval and find that the Settlement Agreement is fair, reasonable, and adequate, including that (i) Plaintiffs and Plaintiffs’ Class Counsel have adequately represented the Class, (ii) the Subclass representatives and Allocation Counsel have adequately represented their respective Subclasses, (iii) the Settlement Agreement was entered into in good faith, free of collusion, through significant arm’s-length negotiations assisted by the experienced Court-Appointed Economic Loss Settlement Mediator; (iv) the Allocation Decision was reached through arm’s-length negotiations and presentations from Allocation Counsel and then determined by the Court-Appointed Economic Loss Settlement Mediator; (v) the relief provided for the Class and each Subclass is adequate taking into account the costs, risks, and delay of trial and appeal and the effectiveness of distributing relief; and (vi) the Settlement Agreement and Allocation Decision treat Class Members equitably relative to each other.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. AND ESTABLISHING NOTICE PROCEDURES PURSUANT TO RULE 7023 This matter comes before the Court on the Motion of Plaintiffs, Obasi Investment Limited, Jingli (Jude) Xxxx, Xxxxx Xxxxxxx Xxxxxxx, Xxxxx Xx, and Xxxxx Xxxxxx (collectively, the “Obasi Group” and the “Lead Plaintiffs”), individually and on behalf of others that are similarly- situated, by counsel, for Entry of An Order Granting Preliminary Approval of the Settlement Agreement and Establishing Notice Procedures pursuant to Rule 7023 (the “Motion”), and the Xxxxxx X. Xxxxxxxx, III, Esq. (VSB No. 31698) Xxxxxxxx X. Xxxx, Esq. (VSB No. 47522) Xxxxx X. Xxxxxxxxx, Esq. (VSB No. 80307) Xxxxxx Xxxx PC 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. The Court preliminarily finds that the settlement of the Action, on the terms and conditions set forth in the Settlement Agreement, is in all respects fundamentally fair, reasonable, adequate, and in the best interest of the Settlement Class Members, especially in light of the benefits to the Settlement Class Members; the strength of the parties’ cases; the complexity, expense, and probable duration of further litigation; the risk and delay inherent in possible appeals; the risk of collecting any judgment obtained on behalf of the Settlement Class; the appropriateness of the releases from the Class Representatives and Settlement Class Members; and the limited amount of any potential total recovery for Settlement Class Members if the Action continued. [time] ,
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. A. Unless otherwise provided herein, the terms used in this Order are defined in accordance with the definitions of such terms set forth in the Settlement Agreement.
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PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT. 18 8. The Court has reviewed the Settlement Agreement and the proposed Class Notice, 19 which is attached as an exhibit to the Settlement Agreement. The Court finds, on a preliminary 20 basis, that the Settlement Agreement appears to be within the range of reasonableness of a 21 settlement that could ultimately be given final approval by this Court. It appears to the Court on a 22 preliminary basis that:
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Related to PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final Order.

  • Preliminary Settlement Statement Not less than five Business Days prior to the Closing, EXCO shall prepare and submit to BG for review, using the best information available to EXCO, a draft settlement statement (the “Preliminary Settlement Statement”) that shall set forth the Adjusted Closing Cash Consideration, reflecting each adjustment made in accordance with this Agreement as of the date of preparation of such Preliminary Settlement Statement and the calculation of the adjustments used to determine such amount, together with the designation of EXCO’s accounts for the wire transfers of funds as set forth in Section 9.3(c). Within three Business Days of receipt of the Preliminary Settlement Statement, BG will deliver to EXCO a written report containing all changes with the explanation therefor that BG proposes to be made to the Preliminary Settlement Statement, or if BG does not deliver such a written report, BG shall be deemed to have accepted such Preliminary Settlement Statement. During such 3 Business Day period, EXCO shall provide to BG any supporting documentation or information relating to the Preliminary Settlement Statement reasonably requested by BG as soon as reasonably practicable. The Preliminary Settlement Statement, as agreed upon by the Parties, will be used to adjust the Closing Cash Consideration at Closing, without limitation to BG’s right to challenge any adjustments to the Closing Cash Consideration as provided in Sections 3.6 through 3.8 below. If the Parties cannot agree on the Preliminary Settlement Statement prior to the Closing, the Preliminary Settlement Statement as presented by EXCO will be used to adjust the Closing Cash Consideration at Closing.

  • Approval of Agreement The Board of Directors of the Company has authorized the execution and delivery of this Agreement by the Company and has approved this Agreement and the transactions contemplated hereby.

  • Sale Order The Bankruptcy Court shall have entered the Sale Order and the Sale Order shall have become a Final Order.

  • Support Agreement CFSC will not terminate, or make any amendment or modification to, the Support Agreement which, in the determination of the Agent, adversely affects the Banks’ interests pursuant to this Agreement, without giving the Agent and the Banks at least thirty (30) days prior written notice and obtaining the written consent of the Majority Banks.

  • Preliminary Closing Statement At least three (3) Business Days prior to the Closing Date, Escrow Agent shall prepare and submit to each of Buyer and the Seller Parties preliminary Closing statements, showing the Parties’ respective amounts of Closing costs, the Deposit, the net credit due to the Seller Parties or Buyer under Section 2.5 and the net amount of funds required to be deposited by Buyer in order to effect Closing hereunder.

  • Complete Agreement; Modification This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes any previous oral or written communications, negotiations, representations, understandings, or agreements between them. Any modification of this Agreement shall be effective only if set forth in a written document signed by you and a duly authorized officer of the Company.

  • Approval of Agreements Not to enter into, modify, amend or terminate any Lease or any other material agreement with respect to the Property, which would encumber or be binding upon the Property from and after the Closing Date, without in each instance obtaining the prior written consent of the Purchaser.

  • Complete Agreement; Modifications This Agreement and any documents referred to herein or executed contemporaneously herewith constitute the parties’ entire agreement with respect to the subject matter hereof and supersede all agreements, representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter hereof. This Agreement may be amended, altered or modified only by a writing signed by the Company and the Holders of a majority of the Registrable Securities then outstanding.

  • Complete Agreement; Amendment This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements in regard thereto. This Agreement cannot be modified except by an agreement in writing signed by both parties and specifically referring to this Agreement.

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