Preliminary Approval Process Clause Samples
The Preliminary Approval Process clause outlines the steps and requirements for obtaining initial consent or authorization before a project or transaction can proceed. Typically, this clause details the documentation, criteria, and timelines that must be met for preliminary approval, such as submitting plans for review or meeting specific regulatory standards. Its core function is to ensure that all parties have a clear understanding of the prerequisites and conditions that must be satisfied early in the process, thereby reducing the risk of misunderstandings or wasted resources later on.
Preliminary Approval Process. After execution of this Settlement Agreement, Class Counsel shall promptly move the Court for a Preliminary Approval Order preliminarily approving the Settlement and the Settlement Class Notice Program. The Preliminary Approval Order will:
A. Preliminarily approve this Settlement Agreement.
B. Preliminarily certify the Settlement Class.
C. Find that the proposed Settlement is sufficiently fair, reasonable and adequate to warrant providing notice to the Settlement Class, which notice will: (i) describe the essential terms of the Settlement; (ii) disclose any special benefits or incentives to the class representative;
Preliminary Approval Process. (A) Subject to Section 2.3 above, within twenty-one (21) days after the execution of this Agreement, Plaintiffs will file in Court a class action complaint (“Complaint”) and Motion for Preliminary Approval of the Settlement seeking certification of a nationwide Settlement Class under Fed. R. Civ. P. 23(b)(3) and as defined in this Agreement as needed to effectuate the Settlement, and solely for the purpose of Settlement (“Preliminary Approval Motion”). Defendant shall not oppose such
Preliminary Approval Process. 121. Class Counsel shall, promptly after the execution of this Settlement Agreement, file with the Court, with the consent of Defendant, a Motion for Preliminary Approval that requests the Court do the following:
a. Preliminarily approve this Settlement Agreement;
b. Preliminarily certify the Settlement Class pursuant to Rule 23;
c. Preliminarily find that the proposed Settlement is fair, reasonable and adequate to warrant providing notice to the Settlement Class, which Class Notice will:
(i) describe the essential terms of the Settlement; (ii) disclose Class Counsel’s intention to file an application with the Court for a Service Award to the Plaintiffs, as class representatives; (iii) provide information regarding the application for an Attorneys’ Fee Award that Class Counsel intends to file with the Court; (iv) indicate the time and place of the Final Approval Hearing, and the method for objecting to and/or opting out of the Settlement; (v) explain the procedures for allocating and distributing funds associated with the Settlement; and (vi) prominently display the address of Class Counsel and the procedure for making inquiries;
d. Schedule a Final Approval Hearing for Final Approval of this Settlement and Settlement Agreement to consider the fairness, reasonableness, and adequacy of the proposed Settlement and whether it should be finally approved by the Court, and to determine the reasonableness of the requested Attorneys’ Fee Award and Service Award;
e. Appoint the Settlement Administrator;
f. Approve the Class Notice, and direct the Settlement Administrator to disseminate the Class Notice in accordance with the Settlement Class Notice Program;
g. Find that the Settlement Class Notice Program: (i) is the best practicable notice; (ii) is reasonably calculated, under the circumstances, to apprise the Settlement Class of the pendency of the Action and of their right to object to or to exclude themselves from the proposed Settlement; (iii) is reasonable and constitutes due, adequate, and sufficient notice to all Persons entitled to receive Class Notice; and (iv) meets all requirements of applicable law;
h. Require the Settlement Administrator to file proof of compliance with the Settlement Class Notice Program no later than seven (7) Days before the Final Approval Hearing;
i. Require any Person in the Settlement Class who wishes to exclude themselves from the Settlement Class to submit an appropriate, timely request for exclusion, postmarked or submitted e...
Preliminary Approval Process