Common use of CLASS ACTION SETTLEMENT Clause in Contracts

CLASS ACTION SETTLEMENT. Class Representative shall propose and recommend to the Court that the Settlement 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. 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. Class Representative Named Plaintiff shall propose and recommend to the Court that the Settlement Class settlement 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. 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. Class Representative Plaintiff shall propose and recommend to the Court that the Settlement APPSN 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. 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. Class Representative Plaintiff shall propose and recommend to the Court that one settlement class (the Settlement Class Sufficient Funds Class) be certified, which 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. 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. Class Representative Plaintiff shall propose and recommend to the Court that the Settlement APSN 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. 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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