Fairness Hearing. “Fairness Hearing” means the hearing before the Court relating to the Motion for Final Approval.
Fairness Hearing. Upon the execution hereof, Company and IBC agree, pursuant to Section 3(a)(10) of the Securities Act of 1933 (the “Act”), to immediately submit the terms and conditions of this Agreement to the Court for a hearing on the fairness of such terms and conditions, and the issuance exempt from registration of the Settlement Shares. This Agreement shall become binding upon the parties only upon entry of an order by the Court substantially in the form annexed hereto as Exhibit A (the “Order”).
Fairness Hearing. 30. The Parties shall jointly request that the District Court schedule and conduct a Fairness Hearing to address the fairness of this Agreement settling Plaintiffs’ claims against Defendants and to decide whether there shall be Final Approval of the settlement embodied in this Agreement. At the Fairness Hearing, the Parties shall jointly move for and recommend certification of the Class and Final Approval of this Agreement. The Fairness Hearing shall take place on a date in accordance with 28 U.S.C. § 1715.
Fairness Hearing. The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Fees, Costs, and Expenses Award to the attorneys who initiated the Action; and to consider the request for a Service Payment to the Plaintiff.
Fairness Hearing. On the date set forth in the Preliminary Approval Order, which shall be approximately one month after the deadline for submitting objections and Requests for Exclusion, a Fairness Hearing will be held at which the Court will: (a) decide whether to finally certify the Settlement Class, (b) decide whether to approve the Settlement Agreement as fair, reasonable, and adequate,
Fairness Hearing. Upon the execution hereof, Company and RCP agree, pursuant to Section 3(a)(10) of the Securities Act of 1933 (the “Act”), to immediately submit the terms and conditions of this Agreement to the Court for a hearing on the fairness of such terms and conditions, and the issuance exempt from registration of the Settlement Shares. This Agreement shall become binding upon the parties only upon entry of an order by the Court substantially in the form annexed hereto as Exhibit A (the “Order”).
Fairness Hearing. A hearing is scheduled for [at least 120 days after preliminary approval] to make a final determination, concerning among other things: • Any objections from Class Members to the Settlement or any aspects of it. • Whether the Settlement merits final approval as fair, reasonable, and adequate; • Whether the Action should be dismissed with prejudice pursuant to the terms of the Settlement; • Whether Class Counsel adequately represented the Settlement Class for purposes of entering into and implementing the Settlement; • Whether the proposed Plan of Allocation should be granted final approval; and • Whether Class Counsel’s application(s) for Attorneys’ Fees and Costs and Case Contribution Awards to the Named Plaintiffs are fair and reasonable, and should be approved.
Fairness Hearing. A hearing is scheduled at the United States District Court for the Southern District of Illinois, Judge Xxxxx X. Xxxxxxxxxxxx presiding, at on , 2016, (the “Fairness Hearing”) to determine, among other issues:
Fairness Hearing. (a) Prior to the Closing, upon the terms and subject to the conditions of this Agreement, Parent and the Company agree to use their respective reasonable best efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable (subject to any applicable laws) to consummate and make effective the Merger as promptly as practicable including, but not limited to (i) the prompt preparation and filing with the Commissioner of the documents required by the CCC including, but not limited to, any required Permit Application, request for a hearing ("Hearing Request") or notice of a hearing ("Hearing Notice") pursuant to Sections 25121 and 25142 of the CCC (collectively, the "Notice Materials"), in connection with the Merger and the issuance of Parent Common Stock, in order to perfect the exemption from registration provided by Section 3(a)(10) of the Securities Act and the preparation and filing of all other forms, registrations and notices required to be filed to consummate the Merger and the taking of such actions as are necessary to obtain any requisite approvals, consents, orders, exemptions or waivers by any third party or Governmental Entity, and (ii) the satisfaction of the other parties' conditions to Closing. Each of Parent and the Company shall use reasonable efforts to have the Permit Application, Hearing Request and Hearing Notice declared effective under the CCC as promptly as practicable after such filing. In addition, Parent and the Company will prepare, and the Company will distribute, an information statement or proxy statement (the "Information Statement") along with the Notice Materials, as may be required by California Law, at the earliest practicable date to submit this Agreement, the Merger, and the transactions contemplated hereby, to the Shareholders. Each of the Parent and the Company will promptly provide all information relating to their respective business and operations necessary for inclusion in the Notice Materials to satisfy all requirements of applicable state and federal securities laws. Each of Parent and the Company shall be solely responsible for any statement, information, or omission, in the Notice Materials relating to it or its affiliates based upon the written information furnished by it or its representatives. Notwithstanding the foregoing, or any other covenant herein contained, Parent shall not be required to divest or hold separate or otherwise take or commit to ta...
Fairness Hearing. On , at , this Court will hold a Fairness 17 Hearing to determine whether the Agreement should be finally approved as fair, reasonable, and 18 adequate. All papers supporting Plaintiff’s request for attorneys’ fees and reimbursement of 19 expenses, and Class Representative’s service awards must be filed no later than fourteen (14) 20 calendar days before the deadline for Class Members to object to the Agreement. All papers 21 supporting final approval of the Agreement must be filed no later than fourteen (14) calendar days 22 before the deadline for Class Members to object to the Agreement. Any responses to objections 23 must be filed no less than five (5) court days before the Fairness Hearing. Based on the date of this 24 Order and the date of the Fairness Hearing, the following are the certain associated dates in this 25 Agreement: 26 /// 27 /// 28 /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Event Timing Date Last day for the Town to send the Summary Notice, for the Town to cause the Publication Notice to be published in the San Bernardino Sun on two dates which are seven (7) days apart; Last day for Claims Administrator to establish a Settlement Website 10 days after entry of this Order Last day for Class Members to mail a claim, request exclusion or object to the Agreement 45 days after Summary Notice is mailed Last day for Class Counsel to move for Attorneys’ Fees and Expenses or for a Class Representative Service Award 14 days prior to the date for exclusion or objection Last day for Parties to file briefs in support of the Final Order and Judgment 14 days prior to the date for exclusion or objection Last day for Town to file an application for reimbursement of publication notice 5 court days before Fairness Hearing Last day to file response to objections 5 court days before Fairness Hearing This Court may order the Fairness Hearing to be postponed, adjourned, or continued. If that occurs, the updated hearing date shall be posted on the settlement website as soon as practicable but, other than the website posting, the Parties will not be required to provide any additional notice to Class Members. IT IS SO ORDERED. DATED JUDGE OF THE SUPERIOR COURT PROPOSED] ORDER RE PRELIMINARY APPROVAL OF 6. Case #CIVDS1725027 ETTLEMENT & PROVISIONAL CLASS CERTIFICATION [PROPOSED] ORDER RE PRELIMINARY APPROVAL OF SETTLEMENT & PROVISIONAL CLASS CERTIFICATION 7. Case #CIVDS1725027 EXHIBIT B SUMMARY NOTICE If Between July 24, 2016 An...
