Common use of CLASS ACTION SETTLEMENT Clause in Contracts

CLASS ACTION SETTLEMENT. Plaintiff shall propose and recommend to the Court that two settlement classes (the APPSN Fee Class and the Retry NSF Fee Class) be certified, which classes shall be comprised of the Settlement 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. 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

Samples: Settlement Agreement and Release

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CLASS ACTION SETTLEMENT. Plaintiff Named Plaintiffs shall propose and recommend to the Court that two the settlement classes (the APPSN Fee Class and the Retry NSF Fee Class) be certified, which classes shall be comprised certified for purposes of implementing the terms of the Settlement Class memberssettlement 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. Plaintiff 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

Samples: Settlement Agreement and Release

CLASS ACTION SETTLEMENT. Named Plaintiff shall propose and recommend to the Court that two settlement classes (the APPSN Fee Class and the Retry Multiple NSF Fee Class) be certified, which classes Class shall be comprised certified for purposes of implementing the terms of the Settlement Class memberssettlement 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. 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

Samples: Settlement Agreement

CLASS ACTION SETTLEMENT. Plaintiff Named Plaintiffs shall propose and recommend to the Court that two settlement classes (the APPSN APSN Fee Class and the Retry NSF Fee Class) Class be certified, which classes shall be comprised certified for purposes of implementing the terms of the Settlement Class memberssettlement 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. Plaintiff 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

Samples: Settlement Agreement and Release

CLASS ACTION SETTLEMENT. Plaintiff shall propose and recommend to the Court that two settlement classes (the APPSN Fee Class and the Retry Multiple NSF Fee Class) be certified, which classes Class shall be comprised certified for purposes of implementing the terms of the Settlement Class membersprovided 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. 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

Samples: Settlement Agreement and Release

CLASS ACTION SETTLEMENT. Plaintiff shall propose and recommend to the Court that two settlement classes (the APPSN Fee Class and the Retry NSF Fee Class) be certified, which classes shall be comprised of the Settlement Class membersMembers. 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. Plaintiff 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

Samples: Settlement Agreement and Release

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CLASS ACTION SETTLEMENT. Named Plaintiff shall propose and recommend to the Court that two settlement classes (the APPSN Sufficient Funds Fee Class and the Retry Multiple NSF Fee Class) be certified, which classes Class shall be comprised certified for purposes of implementing the terms of the Settlement Class memberssettlement 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. 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

Samples: Settlement Agreement and Release

CLASS ACTION SETTLEMENT. Plaintiff shall propose and recommend to the Court that two settlement classes (the APPSN Fee APSN Fees, Multiple NSF Class, Overdraft Transfer Class and the Retry NSF Fee Class) be certified, which classes Phantom Transaction Class shall be comprised certified for purposes of implementing the terms of the Settlement Class membersprovided 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. Plaintiff 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

Samples: Settlement Agreement and Release

CLASS ACTION SETTLEMENT. Plaintiff Plaintiffs shall propose and recommend to the Court that two the three settlement classes defined above (the APPSN Fee Class Settlement Class,” the “Retry Fee Settlement Class,” and the Retry NSF “OON Fee Class) Settlement Class”)1 be certified, which classes shall be comprised of the Settlement 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. Plaintiff 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

Samples: Preamble

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