CERTIFICATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceeding shall be certified as a class proceeding as against the Settling Defendants solely for purposes of settlement of the Proceeding and the approval of this Settlement Agreement by the Court. (2) The Plaintiffs agree that, in the motion for certification of the Proceeding as a class proceeding for settlement purposes, the only common issue that they will seek to define is the Common Issue and the only class that they will assert is the Settlement Class. (3) The Parties agree that the certification of the Proceeding as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement