Common use of Preliminary Approval Clause in Contracts

Preliminary Approval. A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

Preliminary Approval. A. As soon as practicable No later than ninety (90) business days after this Agreement is fully executedthe Execution Date, Class Plaintiffs shall submit to the Court a 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 purposes onlywith any other Defendants. The Settling 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 Plaintiffs and 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 request not oppose 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. 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 make preliminary findings, enter determine whether the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being proposed settlement is fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of whether it should be finally approved by the Class Notice, as provided herein, and finding that notice is fair, reasonable, and Court (the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure“Fairness Hearing”); 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification at such time deemed appropriate in the Final Order and Judgmentdiscretion of Class Counsel, and appoint requesting entry of a. the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth settlement proposed in the draft Preliminary Approval Order, the Plaintiffs shall request the Court Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content Claims Administrator is appointed. c. the proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send 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 administer adequate, and whether it should be finally approved by the SettlementCourt (the “Fairness Hearing”); 6. providing that e. Class Members will have until a date certain 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 Defendants and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the Settlement or file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, at such time deemed appropriate in the Plaintiffs and discretion of Co-Lead Counsel Counsel, requesting entry of an order preliminarily approving this Settlement Agreement (“Preliminary Approval Order”). Settling Defendants shall request the Court to make preliminary findings, enter the not oppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s-length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Settlement Class; 4. preliminarily approving b. after Class Notice has been carried out, a hearing on the form, manner, and content of settlement proposed in this Settlement Agreement shall be held by the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Court to determine whether the c. Class Members of their rights who wish to exclude themselves must submit an appropriate and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Proceduretimely request for exclusion; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that d. Class Members will have until a date certain who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; 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 f. All proceedings in the above-captioned action with respect to Settling Defendants and Plaintiffs are stayed until further order of the Court, except as may be necessary to implement the Settlement or file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.

Preliminary Approval. A. As 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 this Agreement is fully executedthe Execution Date), for requesting entry of an order preliminarily approving the settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft (“Preliminary Approval Order, ”). Settling Defendant shall not oppose a. the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and settlement proposed in the Settlement as being Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send 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 administer adequate, and whether it should be finally approved by the SettlementCourt (the “Fairness Hearing”); 6. providing that e. Class Members will have until a date certain 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 file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, at such time deemed appropriate in the Plaintiffs and discretion of Co-Lead Counsel (but in no event, no more than 45 calendar days from the Effective Date), requesting entry of an order preliminarily approving this Settlement Agreement (“Preliminary Approval Order”). Settling Defendant shall request not oppose 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. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to make preliminary findings, enter determine whether the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) c. Class Members who wish to exclude themselves must submit an appropriate and (e) of the Federal Rules of Civil Proceduretimely request for exclusion; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the d. Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain who wish to object to or file a request this Agreement must submit an appropriate and timely written statement of the grounds for exclusion from objection; e. Class Members who wish to appear in person to object to this Agreement may do so at the Settlement, Fairness Hearing pursuant to directions by the Court; and f. The Action with respect to Plaintiffs’ Claims is stayed as provided herein;to the Released Parties except as necessary to effectuate this Settlement Agreement.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedWithin 14 business days of the Execution Date, for EUCPs shall submit to the Court a motion, at such time deemed appropriate in the discretion of Class Counsel, requesting entry of an order preliminarily approving the settlement purposes only(“Preliminary Approval Order”). A reasonable time in advance of submission to the Court, the Plaintiffs papers in support of Preliminary Approval shall be provided by Class Counsel to ▇▇▇▇▇’▇ Counsel for its review. ▇▇▇▇▇ shall not oppose and Co-Lead Counsel shall request the Court to make preliminary findings, enter the reasonably cooperate in such motion. The proposed Preliminary Approval Order granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing 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 e. Class Members who wish to exclude themselves from the settlement and the Settlement Administrator to send Class Notice Agreement must submit an appropriate and administer the Settlementtimely request for exclusion; 6. providing that f. Class Members will have until a date certain 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 ▇▇▇▇▇ and EUCPs are stayed until further order of the Court, except as may be necessary to implement the settlement reflected in this Settlement Agreement or file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.

Preliminary Approval. A. As soon as practicable after this Within ten (10) days of the Effective Date, Plaintiffs shall submit to the District Court a motion requesting entry of an order preliminarily approving the Settlement Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel (“Preliminary Approval Order”). Settling Defendant shall request the Court take no position with respect to make preliminary findings, enter the such motion. The proposed Preliminary Approval Order granting conditional certification of the Classshall provide that, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an orderinter alia: 1. preliminarily approving and finding this Agreement and a. the Settlement as being Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send c. after Class Notice has been carried out, a 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 administer adequate, and whether it should be finally approved by the SettlementCourt; 6. providing that d. Class Members will have until a date certain who wish to object to or file this Settlement Agreement must submit a request valid and timely written statement of the grounds for exclusion from objection; and e. Class Members who wish to appear in person to object to this Settlement Agreement may do so at the Settlement, as provided herein;Fairness Hearing pursuant to directions by the Court.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, at such time deemed appropriate in the Plaintiffs and discretion of Co-Lead Counsel Counsel, requesting entry of an order preliminarily approving this Settlement Agreement (“Preliminary Approval Order”). Settling Defendant shall request not oppose 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 Settlement Class; b. after Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall be held by the Court to make preliminary findings, enter determine whether the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) c. Class Members who wish to exclude themselves must submit an appropriate and (e) of the Federal Rules of Civil Proceduretimely request for exclusion; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the d. Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; 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 f. All proceedings in the 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 or file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, at such time deemed appropriate in the Plaintiffs and discretion of Co-Lead Counsel shall request Counsel, requesting entry of a. the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send 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 administer adequate, and whether it should be finally approved by the SettlementCourt (the “Fairness Hearing”); 6. providing that d. Class Members will have until a date certain who wish to exclude themselves must submit an appropriate and timely request for exclusion; e. Class Members who wish to object to or file a request this Agreement must submit an appropriate and timely written statement of the grounds for exclusion from objection; and f. Class Members who wish to appear in person to object to this Agreement may do so at the Settlement, as provided herein;Fairness Hearing pursuant to directions by the Court.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for which Supervalu shall not oppose, requesting entry of an order, substantially in the form of Exhibit A, attached hereto, preliminarily approving the settlement purposes only, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the (“Preliminary Order”). The Preliminary Approval Order granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of b. the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Notice will be given to Class Members at a time and in a manner consistent with the terms of their rights and responsibilities under this Agreement, which meets the Settlement and satisfying due process and requirements of Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing c. a hearing on the settlement proposed in this Settlement Administrator Agreement shall be held by the Court to send Class Notice determine whether the proposed settlement is fair, reasonable, and administer adequate, and whether it should be finally approved by the SettlementCourt (the “Fairness Hearing”); 6. providing that d. Class Members will have until a date certain who wish to object to or file a request this Agreement must submit an appropriate and timely written statement of the grounds for exclusion from objection; e. Class Members who wish to appear to object to this Agreement may do so at the Settlement, as Final Approval Hearing pursuant to directions provided hereinby 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 g. The claims by Plaintiff and the Champaign DC Non-Arbitration Class against Supervalu are stayed for all purposes except those necessary to effectuate this Agreement.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs Plaintiff and Co-Lead Class Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Class Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs Named Plaintiff shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being fair, reasonable, and adequate; 2. conditionally certifying the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs Plaintiff as class representatives representative and Co-Lead Class Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain to object to or file a request for exclusion from the Settlement, as provided herein;

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall move the District Court and submit a proposed order, for settlement purposes onlyto be joined by Settling Defendants, the Plaintiffs and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification substantially in the Final form of Exhibit A, attached hereto, requesting entry of an order preliminarily approving the settlement to the Settlement Class (“Preliminary Order”). The Preliminary Order and Judgmentshall provide that, and appoint inter alia: a. the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth settlement proposed in the draft Preliminary Approval Order, the Plaintiffs shall request the Court Settlement Agreement has been negotiated at arm’s length and is preliminarily determined to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Settlement Class; 4. preliminarily approving the form, manner, and content of b. the Class Notice, as provided herein, and finding that notice is fair, reasonable, and Notice meets the best notice practicable under the circumstances in connection with notifying the Class Members requirements of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing c. the Settlement Administrator 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 send Class Notice and administer its terms or is not approved by the SettlementCourt or any appellate court; 6. providing that d. 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”); and e. in aid of the Court’s jurisdiction to implement and enforce the proposed settlement, Plaintiffs and all Settlement Class Members will have until a date certain to object to or file a request for exclusion shall be preliminarily enjoined and barred from the Settlement, as provided herein;instituting,

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, at such time deemed appropriate in the Plaintiffs and discretion of Co-Lead Counsel Counsel, requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendant shall request the Court to make preliminary findings, enter the not oppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send 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 d. Class Members who wish to exclude themselves must submit an appropriate and administer the Settlementtimely request for exclusion; 6. providing that e. Class Members will have until a date certain who wish to object to or file a request this Agreement must submit an appropriate and timely written statement of the grounds for exclusion from objection; and f. Class Members who wish to appear in person to object to this Agreement may do so at the Settlement, as provided herein;Fairness Hearing pursuant to directions by the Court.

Preliminary Approval. A. As soon as practicable after Plaintiffs shall submit to the District Court a motion, at such time deemed appropriate in the discretion of Co-Lead Counsel (but in no event, no more than 45 calendar days from the Effective Date), requesting entry of an order preliminarily approving this Settlement Agreement is fully executed(“Preliminary Approval Order”). Settling Defendant shall not oppose and shall reasonably cooperate in such motion, for settlement purposes onlyprovided, the Plaintiffs and however, that prior to filing such a motion, Co-Lead Counsel shall request provide Counsel for the Court to make preliminary findings, enter 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 granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Settlement Class; 4. preliminarily approving b. the form, manner, and content proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send 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 d. Class Members who wish to exclude themselves must submit an appropriate and administer the Settlementtimely request for exclusion; 6. providing that e. Class Members will have until a date certain who wish to object to or file a request this Agreement must submit an appropriate and timely written statement of the grounds for exclusion from objection; f. Class Members who wish to appear in person to object to this Agreement may do so at the Settlement, Fairness Hearing pursuant to directions by the Court; and g. The Action with respect to the Direct Purchaser Plaintiffs’ Claims is stayed as provided herein;to the Released Parties except as necessary to effectuate this Settlement Agreement.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedPlaintiffs shall submit to the District Court a motion, for settlement purposes only, at such time deemed appropriate in the Plaintiffs and discretion of Co-Lead Counsel Counsel, requesting entry of an order preliminarily approving the settlement (“Preliminary Approval Order”). Settling Defendants shall request the Court to make preliminary findings, enter the not oppose and shall reasonably cooperate in such motion. The proposed Preliminary Approval Order granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send 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 administer adequate, and whether it should be finally approved by the SettlementCourt (the “Fairness Hearing”); 6. providing that d. Class Members will have until a date certain who wish to exclude themselves must submit an appropriate and timely request for exclusion; e. Class Members who wish to object to or file a request this Agreement must submit an appropriate and timely written statement of the grounds for exclusion from the Settlement, as provided herein;objection; and f. Class Members who wish to appear in person to object to this

Preliminary Approval. A. As soon as practicable after Upon execution of this Agreement is fully executedby all Parties, Class Counsel shall promptly prepare a motion requesting that the court enter a Preliminary Approval Order. Class Counsel shall provide the proposed preliminary approval motion to Defense Counsel, for settlement purposes onlythe purpose of providing comments thereon, the Plaintiffs no less than two business days prior to filing. The Parties will also meet and Co-Lead Counsel shall request the Court to make preliminary findings, enter the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft confer concerning a proposed Preliminary Approval Order, the Plaintiffs which shall request the Court to enter an order: specifically include provisions that: (1. ) preliminarily approving and finding this Agreement and approve the Settlement reflected herein as being fair, reasonableadequate, and adequate; reasonable; (2. conditionally certifying ) approve the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, form and content of the Class Notice, as provided herein, Notice and finding find that notice is fair, reasonable, and the Notice Program set forth herein constitutes the best notice practicable under the circumstances in connection with notifying circumstances, is due and sufficient notice to the Class Members and fully satisfies the requirements of their rights and responsibilities under due process; (3) direct that Notice be provided to the Settlement and satisfying due process and Rule 23 Class, in accordance with the Settlement, within ten (10) days following entry of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Preliminary Approval Order; (4) establish a procedure for Class Members will have until a date certain to object to the Settlement or file a request for exclusion exclude themselves from the Settlement, as provided hereinSettlement Class and set a date following entry of the Preliminary Approval Order after which no one shall be allowed to object to the Settlement or exclude himself or herself from the Class or seek to intervene in the Litigation;

Preliminary Approval. A. As soon End-Payor Plaintiffs shall submit to the District Court a motion requesting entry of an order preliminarily approving the Settlement Agreement substantially in the form attached as practicable after this Agreement is fully executed, for settlement purposes only, the Plaintiffs and Co-Lead Counsel Exhibit A hereto (“Preliminary Approval Order”). Settling Defendant shall request the Court take no position with respect to make preliminary findings, enter the such motion. The proposed Preliminary Approval Order granting conditional certification of the Classshall provide that, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an orderinter alia: 1. preliminarily approving and finding this Agreement and a. the Settlement as being Agreement has been negotiated at arm’s length and is preliminarily determined to be fair, reasonable, adequate, and adequatein the best interests of the Classes; 2. conditionally certifying b. the Litigation as a settlement class action under Rule 23(b)(3) and (e) proposed Class Notice meets the requirements of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing the Settlement Administrator to send c. after Class Notice has been carried out, a 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 administer adequate, and whether it should be finally approved by the SettlementCourt; 6. providing that d. Class Members will have until a date certain who wish to object to or file this Settlement Agreement must submit a request valid and timely written statement of the grounds for exclusion from objection; and e. Class Members who wish to appear in person to object to this Settlement Agreement may do so at the Settlement, as provided herein;Fairness Hearing pursuant to directions by the Court.

Preliminary Approval. A. As soon as practicable after this Agreement is fully executedWithin 14 business days of the Execution Date, for EUCPs shall submit to the Court a motion, at such time deemed appropriate in the discretion of Class Counsel, requesting entry of an order preliminarily approving the settlement purposes only(“Preliminary Approval Order”). A reasonable time in advance of submission to the Court, the Plaintiffs papers in support of Preliminary Approval shall be provided by Class Counsel to ▇▇▇▇▇’▇ Counsel for its review. Tyson shall not oppose and Co-Lead Counsel shall request the Court to make preliminary findings, enter the reasonably cooperate in such motion. The proposed Preliminary Approval Order granting conditional certification of shall provide that, inter alia: a. the Class, subject to final findings and ratification settlement proposed in the Final Order Settlement Agreement has been negotiated at arm’s length and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object is preliminarily determined to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being be fair, reasonable, adequate, and adequate; 2. conditionally certifying in the Litigation as a settlement class action under Rule 23(b)(3) and (e) best interests of the Federal Rules of Civil Procedure; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving b. the form, manner, and content Claims Administrator is appointed; c. the proposed Class Notice meets the requirements of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil ProcedureProcedure and due process, and constitutes the best notice practicable under the circumstances for settlement purposes; 5. appointing 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 e. Class Members who wish to exclude themselves from the settlement and the Settlement Administrator to send Class Notice Agreement must submit an appropriate and administer the Settlementtimely request for exclusion; 6. providing that f. Class Members will have until a date certain 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 Tyson and EUCPs are stayed until further order of the Court, except as may be necessary to implement the settlement reflected in this Settlement Agreement or file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.

Preliminary Approval. A. As soon as practicable No later than 14 business days after this Agreement is fully executedthe Execution Date, Class Plaintiffs shall submit to the Court a 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 purposes onlywith any other Defendants. The Settling Parties may delay the filing of Preliminary Approval by mutual agreement. At a reasonable time in advance of submission to the Court, the Plaintiffs papers in a. the settlement proposed in the Settlement Agreement has been negotiated at arm’s length and Co-Lead Counsel is preliminarily determined to be fair, reasonable, adequate, and in the best interests of the Settlement Class; b. the Claims Administrator is appointed; c. after Settlement Class Notice has been carried out, a hearing on the settlement proposed in this Settlement Agreement shall request be held by the Court to make preliminary findings, enter determine whether the Preliminary Approval Order granting conditional certification of the Class, subject to final findings and ratification in the Final Order and Judgment, and appoint the Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class. Neither Defendant nor Defendant’s Counsel will object to such requests for the purposes of effectuating the Settlement. Such agreement not to object to class certification shall extend only as necessary to effectuate the Settlement. As set forth in the draft Preliminary Approval Order, the Plaintiffs shall request the Court to enter an order: 1. preliminarily approving and finding this Agreement and the Settlement as being proposed settlement is fair, reasonable, and adequate, and whether it should be finally approved by the Court (the “Fairness Hearing”); 2. conditionally certifying d. Settlement Class Members who wish to exclude themselves from the Litigation as a settlement class action under Rule 23(b)(3) and (e) of the Federal Rules of Civil ProcedureSettlement Agreement must submit an appropriate and timely request for exclusion; 3. appointing Plaintiffs as class representatives and Co-Lead Counsel as counsel for the Class; 4. preliminarily approving the form, manner, and content of the Class Notice, as provided herein, and finding that notice is fair, reasonable, and the best notice practicable under the circumstances in connection with notifying the e. Settlement Class Members of their rights and responsibilities under the Settlement and satisfying due process and Rule 23 of the Federal Rules of Civil Procedure; 5. appointing the Settlement Administrator to send Class Notice and administer the Settlement; 6. providing that Class Members will have until a date certain who wish to object to this Agreement must submit an appropriate and timely written statement of the grounds for objection; 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 g. all proceedings in the Action with respect to ▇▇▇▇▇▇▇’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 file a request for exclusion from comply with the Settlement, as provided herein;terms thereof.