Certification Without Prejudice. In the event this Settlement Agreement is not approved or is terminated in accordance with its terms, the Parties agree that any prior certification of a Settling Proceeding as a class proceeding, including the definition of the Settlement Class and the statement of the Common Issue, shall be without prejudice to any position that any of the Parties may later take on any issue in the Proceedings or any other litigation.
Certification Without Prejudice. The Parties agree that the certification of the Action as a class proceeding in accordance with section 9.1 hereof is for the sole purpose of effecting the Settlement. In the event the Agreement is terminated as provided herein, the certification order will be set aside as set out herein and shall be without prejudice to any position that any of the Parties may later take on any issue in the Action including in a subsequent certification motion.
Certification Without Prejudice. In the event the Settlement Agreement is terminated in accordance with section 11.1, the Parties agree that the certification of the Actions as class proceedings shall be without prejudice to any position that any of the Parties may later take on any issue in the Actions.
Certification Without Prejudice. (1) The Parties agree that the certification of this Action as a class proceeding in accordance with Section 8.1 hereof is for the sole purpose of effecting the Settlement. In the event this Agreement is terminated as provided herein, the certification order will be vacated or set aside as set out herein, and shall be without prejudice to any position that any of the Parties may later take on any issue in the Action including in a subsequent certification motion. Particularly, the fact of the Settling Defendants’ consent to certification for settlement purposes shall not be referenced in any way in the further prosecution of the action, nor shall such consent be deemed to be an admission by any Settling Defendant that the Plaintiffs have met any of the requisite criteria for certification of the Action as a class proceeding.
Certification Without Prejudice. 9.3 The Parties agree that the granting of certification of the Action as a class proceeding in accordance with Sections 9.1-9.2 hereof is for the sole purpose of effecting the Settlement. In the event that this Agreement is terminated as provided herein, the Certification and First Notice Order shall be vacated or set aside to the extent of the order granting leave to proceed and certifying this Action as a class proceeding for the purposes of implementing this Agreement, and shall be without prejudice to any position that any of the Parties may later take on any issue in the Action including in subsequent certification motions. In particular, the fact of the Defendants' consent to certification for settlement purposes shall not be referenced in any way in the further prosecution of the Action, nor shall such consent be deemed to be an admission by the Defendants, or any of them, that the Plaintiffs have met any of the requisite criteria for granting certification of the Action as a class proceeding.
