Common use of Certification of the Settlement Class Clause in Contracts

Certification of the Settlement Class. Utz, while continuing to deny that the Action meets the requisites for class certification under Fed. R. Civ. P. 23 for any purpose other than settlement, consents, solely for purposes and in consideration of the Settlement, to the certification of the Settlement Class, to the appointment of Class Counsel, and to the conditional approval of Plaintiffs as a suitable representatives of the Class. The certification of the Settlement Class, the appointment of Plaintiffs as the Class representatives, and the appointment of Plaintiffs’ Counsel to act as Class Counsel, shall be binding only with respect to this Agreement and the Settlement. If the Court fails to approve this Agreement and the Settlement for any reason, or if this Agreement and the Settlement is terminated, cancelled, or fails to become effective for any reason whatsoever, this class certification, to which the Parties have stipulated solely for the purposes and in consideration of the Settlement of this Action, this Agreement, and all the provisions of the Notice Approval Order, shall be vacated by their own terms, and the litigation of the Action shall revert to its status with respect to class certification and otherwise as it existed prior to the date of this Agreement. In that event, Utz shall retain all rights it had immediately preceding the execution of this Agreement to object to the maintenance of the Action as a class action and to the merits of any of Plaintiffs’ claims, and in that event, nothing in this Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument by any party concerning whether the Action may properly be maintained as a class action under applicable law, whether any of Plaintiffs’ claims or Xxx’x defenses have any merit, whether Utz is liable to Plaintiffs and the putative Class, and whether Plaintiffs and the putative Class suffered damages.

Certification of the Settlement Class. Utz, while continuing to deny that the Action meets the requisites for class certification under Fed. R. Civ. P. 23 for any purpose other than settlement, consents, solely for purposes and in consideration of the Settlement, to the certification of the Settlement Class, to the appointment of Class Counsel, and to the conditional approval of Plaintiffs as a suitable representatives representative of the Class. The certification of the Settlement Class, the appointment of Plaintiffs as the Class representatives, and the appointment of Plaintiffs’ Counsel to act as Class Counsel, shall be binding only with respect to this Agreement and the Settlement. If the Court fails to approve this Agreement and the Settlement for any reason, or if this Agreement and the Settlement is terminated, cancelled, or fails to become effective for any reason whatsoever, this class certification, to which the Parties have stipulated solely for the purposes and in consideration of the Settlement of this Action, this Agreement, and all the provisions of the Notice Preliminary Approval Order, shall be vacated by their own terms, and the litigation of the Action shall revert to its status with respect to class certification and otherwise as it existed prior to the date of this Agreement. In that event, Utz shall retain all rights it had immediately preceding the execution of this Agreement to object to the maintenance of the Action as a class action and to the merits of any of Plaintiffs’ claims, and in that event, nothing in this Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument by any party concerning whether the Action may properly be maintained as a class action under applicable law, whether any of Plaintiffs’ claims or Xxx’x defenses have any merit, whether Utz is liable to Plaintiffs and the putative Class, and whether Plaintiffs and the putative Class suffered damages.

Certification of the Settlement Class. UtzInventure, while continuing to deny that the Action meets the requisites for class certification under Fed. R. Civ. P. 23 for any purpose other than settlement, consents, solely for purposes and in consideration of the Settlement, to the certification of the Settlement Class, to the appointment of Class Counsel, and to the conditional approval of Plaintiffs Plaintiff as a suitable representatives representative of the Class. The certification of the Settlement Class, the appointment of Plaintiffs Plaintiff as the Class representativesrepresentative, and the appointment of Plaintiffs’ Plaintiff’s Counsel to act as Class Counsel, shall be binding only with respect to this Agreement and the Settlement. If the Court fails to approve this Agreement and the Settlement for any reason, or if this Agreement and the Settlement is terminated, cancelled, or fails to become effective for any reason whatsoever, this class certification, to which the Parties have stipulated solely for the purposes and in consideration of the Settlement of this Action, this Agreement, and all the provisions of the Notice Preliminary Approval Order, Final Order and Final Judgment, shall be vacated by their own terms, and the litigation of the Action shall revert to its status with respect to class certification and otherwise as it existed prior to the date of this Agreement. In that event, Utz Inventure shall retain all rights it had immediately preceding the execution of this Agreement Agreement, including, inter alia, to object to the maintenance of the Action as a class action and to the merits of any of Plaintiffs’ Plaintiff’s claims, and in that event, nothing in this Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument by any party concerning whether the Action may properly be maintained as a class action under applicable law, whether any of Plaintiffs’ Plaintiff’s claims or Xxx’x Inventure’s defenses have any merit, whether Utz Inventure is liable to Plaintiffs Plaintiff and the putative Class, and whether Plaintiffs Plaintiff and the putative Class suffered damages. The Parties and their respective counsel agree not to disparage each other, Releasing Parties, Released Parties and the Products in any manner likely to be harmful to them or their personal, business, market, brand or legal reputations. Further, the Parties and their respective counsel agree not to discuss the terms of this Settlement with the news media unless and until dissemination of Class Notice is approved by the Court, except as provided in this paragraph. If contacted by the media for comment before dissemination of Class Notice, the Parties and their respective counsel shall simply state that the matter has been resolved and the resolution is subject to Court approval. If contacted by the news media at any time after dissemination of Class Notice, the Parties and their respective counsel shall simply state that the matter has been resolved, and, if contacted prior to the Court’s final approval of the Settlement, that the resolution is subject to court approval, and that consumers may visit www.attorneyzim.com for Class Counsel’s contact information and further information regarding the Settlement. If contacted after the Final Settlement Date, the Parties and their respective counsel shall simply state that the matter has been resolved. Nothing contained in this Section III is intended to or shall have the effect of limiting or restricting the Parties’ counsels’ ability to practice law, or from discussing any matters with current or future clients.