CLASS ACTION SETTLEMENT. Named Plaintiffs shall propose and recommend to the Court that the APSN Fee Class and the Regulation E Class shall be certified for purposes of implementing the terms of the settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs shall propose and recommend to the Court that the APSN Fee Class and the Regulation E Retry Fee Class shall be certified for purposes of implementing the terms of the settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs Plaintiff shall propose and recommend to the Court that two settlement classes (the APSN APPSN Fee Class and the Regulation E Class Retry NSF Fee Class) be certified, which classes shall be certified for purposes of implementing the terms comprised of the settlement provided for in this AgreementSettlement Class members. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs Plaintiff and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Sources: Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs Plaintiff shall propose and recommend to the Court that the APSN Fee Fees, Multiple NSF Class, Overdraft Transfer Class and the Regulation E Phantom Transaction Class shall be certified for purposes of implementing the terms of the settlement Settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case Action shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to and to not maintaining this case Action as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Sources: Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs Plaintiff shall propose and recommend to the Court that the APSN APPSN Fee Class and the Regulation E Multiple NSF Fee Class shall be certified for purposes of implementing the terms of the settlement Settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case Action shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case Action as a class action. Named Plaintiffs Plaintiff and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Sources: Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs Plaintiff shall propose and recommend to the Court that two settlement classes (the APSN APPSN Fee Class and the Regulation E Class Retry NSF Fee Class) be certified, which classes shall be certified for purposes of implementing the terms comprised of the settlement provided for in this AgreementClass Members. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Sources: Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs shall propose and recommend to the Court that the APSN Fee Class and the Regulation E Class settlement classes shall be certified for purposes of implementing the terms of the settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a non-appealable Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Sources: Settlement Agreement