Common use of Preliminary Approval Clause in Contracts

Preliminary Approval. 50. Upon execution of this Agreement by all signatories, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached as Exhibit 1 to this Agreement. The motion for preliminary approval shall request that the Court: (1) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e) for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the Notice; (4) approve the procedures set forth in Section VII for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5) stay the Action pending Final Approval of the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim; and (7) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards (“Final Approval Hearing”).

Preliminary Approval. 5047. Upon execution of this Agreement by all signatoriesthe Parties, Class Counsel shall promptly move file a motion with the Court for seeking an order granting preliminary approval of this Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached hereto as Exhibit 1 to this Agreement. F. The motion for preliminary approval shall request that the Court: (1i) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2ii) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(2), 23(b)(3) ), and (e23(e) for settlement purposes only; (3iii) approve the Notice Program set forth herein and approve the form and content of the Notice; (4iv) approve the procedures set forth in Section VII IX for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5v) stay all proceedings in the Action Litigation unrelated to the Settlement, pending Final Approval of the Settlement; (6vi) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released ClaimClaim (as defined in Paragraph 63); (vii) appoint settlement class representatives and settlement class counsel; and (7viii) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, fees and expenses, and for Service Awards expenses (“Final Approval Hearing”).

Preliminary Approval. 505.1. Upon execution of this Agreement by all signatoriesSettlement, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“the Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached hereto as Exhibit 1 to this Agreement5. The motion for preliminary approval shall request that the Court: (1a) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2b) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) Pa. R. Civ. P. 1710 and (e) 1714 for settlement purposes only; (3c) approve the Settlement Administrator and Notice Program set forth herein and approve the herein, form and content of the Notice, and Claim Form; (4d) approve the procedures set forth in Section VII this Settlement for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5e) stay all proceedings in the Action Litigation unrelated to the Settlement pending Final Approval of the Settlement; (6f) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a any Released ClaimClaims; (g) appoint Class Counsel and Settlement Class Representatives; and (7h) schedule a Final Approval hearing at a date that provides sufficient time for a time the deadlines contemplated by this Settlement and date mutually that is convenient for the Court, Class Counsel, and counsel for SPE, at which time the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, expenses and for Service Awards (the “Final Approval Hearing”).

Preliminary Approval. 505.1. Upon execution of this Agreement by all signatoriesSettlement, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“the Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached hereto as Exhibit 1 to this Agreement5. The motion for preliminary approval shall request that the Court: (1a) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2b) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure Fed. R. Civ. P. 23(b)(3) and (e) for settlement purposes only; (3c) approve the Settlement Administrator and Notice Program set forth herein and approve the herein, form and content of the Notice, and Claim Form; (4d) approve the procedures set forth in Section VII this Settlement for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5e) stay all proceedings in the Action Litigation unrelated to the Settlement pending Final Approval of the Settlement; (6f) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a any Released ClaimClaims; (g) appoint Class Counsel and Settlement Class Representatives; and (7h) schedule a Final Approval hearing at a date that provides sufficient time for a time the deadlines contemplated by this Settlement and date mutually that is convenient for the Court, Class Counsel, and counsel for SPE, at which time the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, expenses and for Service Awards (the “Final Approval Hearing”).

Preliminary Approval. 5060. Upon execution of this Agreement by all signatoriesParties, Settlement Class Counsel shall promptly move the Court for an order granting preliminary approval entry of this Settlement (“the Preliminary Approval Order”). The motion will request Preliminary Approval of the Settlement consistent with the terms set forth in this Agreement. The proposed Preliminary Approval Order that will be filed with attached to the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached hereto as Exhibit 1 to this Agreement4. The motion for preliminary approval shall shall, inter alia, request that the Court: (1i) preliminarily approve the terms of the Settlement as within the range of fair, adequate, adequate and reasonable; (2ii) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e) for settlement purposes only; (3iii) approve the Notice Program program set forth herein and approve the form and content of the NoticeNotices of the Settlement, substantially in the forms attached to this Agreement as Exhibits 1, 2, and 3; (4iv) approve the procedures set forth in Section VII paragraphs 68-70 below for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5v) stay the Action pending Final Approval of the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim; and (7vi) schedule a Final Approval hearing Hearing for a time and date mutually convenient for the Court, Settlement Class Counsel, Counsel and counsel for SPEXxxxxx Bank, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approvedfaith, and determine whether to approve the Settlement and Class Counsel’s application for attorneys’ fees, costs, costs and expenses, expenses and for a Service Awards (“Final Approval Hearing”)Award to Plaintiff.

Preliminary Approval. 50. Upon execution of this Agreement by all signatoriesParties, Class Counsel shall promptly move prepare a motion requesting that the Court for an order granting preliminary approval of this Settlement (“court enter a Preliminary Approval Order”). Class Counsel shall provide the proposed preliminary approval motion to Defense Counsel, for the purpose of providing comments thereon, no less than two business days prior to filing. The Parties will also meet and confer concerning a proposed Preliminary Approval Order that will be filed with the motion Order, which shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached as Exhibit 1 to this Agreement. The motion for preliminary approval shall request that the Courtspecifically include provisions that: (1) preliminarily approve the terms of the Settlement reflected herein as within the range of fair, adequate, and reasonable; (2) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure 23(b)(3) and (e) for settlement purposes only; (3) approve the Notice Program set forth herein and approve the form and content of the NoticeClass Notice and find that the Notice Program set forth herein constitutes the best notice practicable under the circumstances, is due and sufficient notice to the Class and fully satisfies the requirements of due process; (3) direct that Notice be provided to the Settlement Class, in accordance with the Settlement, within ten (10) days following entry of the Preliminary Approval Order; (4) approve the procedures set forth in Section VII establish a procedure for Settlement Class Members to object to the Settlement or exclude themselves from the Settlement Class or and set a date following entry of the Preliminary Approval Order after which no one shall be allowed to object to the Settlement; (5) stay Settlement or exclude himself or herself from the Action pending Final Approval of Class or seek to intervene in the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim; and (7) schedule a Final Approval hearing for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, and for Service Awards (“Final Approval Hearing”).Litigation;

Preliminary Approval. 50Plaintiff and Defendants shall use their best efforts to effectuate this Agreement. Upon execution of this Agreement by all signatories, Class Counsel The Plaintiff shall promptly move file an unopposed motion to the Court for an order granting preliminary approval of this Settlement (“Preliminary Approval Order”)the settlement and certification for settlement purposes only of the Indirect Purchaser Class sought pursuant to Section C above. The Parties will further present to the Court the proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached as Exhibit 1 to Ex. A hereto, which will provide for, by, or in connection with this Agreement. The motion for , inter alia: (a) preliminary approval shall request that the Court: (1) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonablesettlement; (2b) provisionally certify the Settlement appointment of Class pursuant to Federal Rule Counsel; (b) Certification of Civil Procedure 23(b)(3) and (e) an Indirect Purchaser Class for settlement purposes only; (3d) approve the Notice Program set forth herein and approve the form and content dissemination of the Settlement Notice and Summary Notice; (4e) approve a stay of all proceedings in the procedures set forth Action against Defendants; (f) a preliminary injunction against Plaintiffs and Indirect Purchaser Class Members for commencing or proceeding with any action that includes allegations or claims within the scope of the Release as described in Section VII for Settlement Class Members to exclude themselves from the Settlement Class or to object E below prior to the SettlementEffective Date; (5g) stay specifying the Action pending Final Approval of the Settlement; (6) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claimterms for objections; and (7h) schedule setting a Final Approval hearing date for a time and date mutually convenient for the Court, Class Counsel, and counsel for SPE, at which the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and hearing to determine whether to finally approve the settlement. Within ten (10) days of the filing of the Motion for Preliminary Approval, the Administrator shall, on behalf of all Parties to this Agreement, notify federal and state officials as specified in 28 U.S.C. §§ 1715(a) & (b). The Parties agree to cooperate to attempt to provide reasonable estimates of the numbers of Indirect Purchaser Class Counsel’s application for attorneys’ feesMembers residing in each State, coststo the extent feasible, pursuant to 28 U.S.C. §1715(b)(7)(A) and expenses, (B). The Parties will also provide the Court the proposed Final Order and for Service Awards (“Final Approval Hearing”)Judgment.

Preliminary Approval. 505.1. Upon execution of this Agreement by all signatoriesSettlement, Class Counsel shall promptly move the Court for an order granting preliminary approval of this Settlement (“the Preliminary Approval Order”). The proposed Preliminary Approval Order that will be filed with the motion shall be in a form agreed upon by Class Counsel and SPE, and substantially in the form as that attached hereto as Exhibit 1 to this Agreement. E. The motion for preliminary approval shall request that the Court: (1a) preliminarily approve the terms of the Settlement as within the range of fair, adequate, and reasonable; (2b) provisionally certify the Settlement Class pursuant to Federal Rule of Civil Procedure Fed. R. Civ. P. 23(b)(3) and (e) for settlement purposes only; (3c) approve the Settlement Administrator and Notice Program set forth herein and approve the herein, form and content of the Notice, and Claim Form as meeting the standard of “best notice practicable” under Fed. R. Civ. P. 23(c)(2)(B); (4d) approve the procedures set forth in Section VII this Settlement for Settlement Class Members to exclude themselves from the Settlement Class or to object to the Settlement; (5e) stay all proceedings in the Action Litigation unrelated to the Settlement pending Final Approval of the Settlement; (6f) stay and/or enjoin, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a any Released ClaimClaims; (g) appoint Class Counsel and Settlement Class Representatives; and (7h) schedule a Final Approval hearing at a date that provides sufficient time for a time the deadlines contemplated by this Settlement and date mutually that is convenient for the Court, Class Counsel, and counsel for SPE, at which time the Court will conduct an inquiry into the fairness of the Settlement, determine whether it was made in good faith and should be finally approved, and determine whether to approve Class Counsel’s application for attorneys’ fees, costs, and expenses, expenses and for Service Awards (the “Final Approval Hearing”).