The Preliminary Approval Order or Final Approval Order is finally reversed on appeal, or is materially modified on appeal, and the Settling Parties do not mutually agree to any such material modifications; or
The Preliminary Approval Order and the Final Approval Order are not entered by the Court in substantially the form submitted by the Settling Parties or in a form which is otherwise agreed to by the Settling Parties; or
The Preliminary Approval Order. 11.1. The Parties will submit this Agreement to the Court within ten days of signing it; and
The Preliminary Approval Order. 8.1. Promptly after execution of this Stipulation, the Parties shall submit the Stipulation together with its exhibits to the Court, and Lead Counsel shall apply for entry of a Preliminary Approval Order in connection with settlement proceedings substantially in the form annexed hereto as Exhibit A, providing for, among other things: (a) preliminary approval of the Settlement as set forth in this Stipulation; (b) the setting of deadlines for the mailing of the Notice and dissemination of the Summary Notice; (c) the setting of deadlines for Settlement Class Members to submit Proofs of Claim, requests for exclusion from the Settlement Class (also known as “opt- out” requests), or objections to the proposed Settlement, Plan of Allocation and/or the Fee and Expense Application; (d) the setting of the time, date and location for the Fairness Hearing; (e) approval of Lead Counsel’s recommended Claims Administrator; and (f) approval of the form and content of the Notice, the Proof of Claim and Release, and the Summary Notice, respectively, substantially in the forms of Exhibits A-1, A-2 and A-3 attached hereto. Defendants agree solely for the purposes of settlement that they will consent to, and shall not oppose of, entry of the Preliminary Approval Order.
The Preliminary Approval Order attached hereto as Exhibit A, shall provide that requests for exclusion shall be received no later than twenty-one (21) calendar days prior to the Settlement Hearing. Upon receiving any request for exclusion pursuant to the Notice, Lead Counsel shall promptly, and in no event no later than three (3) calendar days after receiving a request for exclusion or fifteen (15) calendar days prior to the Settlement Hearing, whichever is earlier, notify the Individual Defendants’ Counsel of such request for exclusion and provide copies of such request for exclusion and any documentation accompanying it by email.
The Preliminary Approval Order. 5.1 Promptly upon the execution of this Agreement, Named Plaintiffs shall move for an order granting preliminary approval of this Settlement (“Preliminary Approval Order”). The proposed Preliminary Approval Order that will be attached to the motion shall be in a form agreed upon by Class Counsel and Defendants as set forth in Exhibit F hereto. The motion for preliminary approval shall request that the Court: (1) approve the terms of the Settlement as within the range of fair, adequate and reasonable terms; (2) provisionally certify the Settlement Classes pursuant to Federal Rule of Civil Procedure 23 for settlement purposes only; (3) approve the notice program set forth herein and approve the form and content of the Notices of the Settlement; (4) approve the procedures set forth in Section 7 hereof and in the notice program for Settlement Class Members to exclude themselves from the Settlement Classes or to object to the Settlement; (5) designate Class Counsel as counsel for the Settlement Classes; (6) preliminarily enjoin all Settlement Class Members, unless and until they have timely and properly excluded themselves from the Settlement Classes, from participating as plaintiff or class member in any other lawsuit or proceeding in any jurisdiction based on, relating to, or arising out of any of the claims asserted in the Litigation; and
The Preliminary Approval Order. 3. As soon as practicable after the execution of this Settlement Agreement, Plaintiff shall present this Settlement Agreement to the Court and request by unopposed motion that the Court enter an order substantially in the form and content of Exhibit A (the “Preliminary Approval Order”): (a) preliminarily approving the Settlement; (b) granting preliminary certification of the Settlement Class solely for the purposes of the Settlement, and appointing Plaintiff as Class Representative and Plaintiff’s counsel as Class Counsel for purposes of such preliminary certification; (c) approving for distribution the class notice substantially in the form and content of Exhibit B (the “Class Notice”); and (d) setting a time and date for the final hearing for the court to approve the Settlement (the “Final Fairness Hearing”). If the Court rejects or materially alters the parties’ agreed-upon proposed Preliminary Approval Order or Class Notice, the parties will have the option of voiding the Settlement in its entirety if the parties are unable, after good faith negotiations, to agree on a form of Preliminary Approval Order and Class Notice acceptable to the Court.
The Preliminary Approval Order. 11.1 Within ten (10) days of execution of this Agreement, the Parties shall submit it to the Court. The Parties will then ask the Court to enter an Order of Preliminary Approval.
The Preliminary Approval Order. 7. Within ten (10) days after the execution of this Settlement Agreement, Plaintiffs’ Counsel shall file this Settlement Agreement and request that the Court enter a Preliminary Approval Order, which shall accomplish the following:
The Preliminary Approval Order and Notice Plan shall advise prospective Class Members of their rights to file a Claim; to exclude themselves from the Settlement, forego the benefits of this Settlement and reserve the right to pursue an individual claim; to object to this settlement individually or through counsel; and to appear at the Final Approval Hearing. The proposed Preliminary Approval order and Long Form Notice will provide that any Settlement Class Members wishing to object or exclude themselves who fail to properly or timely file or serve any of the requested information and/or documents will be precluded from doing so.
