Date of Execution (1) The Parties have executed this Settlement Agreement as of the date on the cover page. SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL LTD., on their own behalf and on behalf of the Ontario Settlement Class, by their counsel Name of Authorized Signatory: Xxxxxxx Xxxx for Xxxxx G.A. Xxxxx Signature of Authorized Signatory: Sotos LLP Ontario Counsel Siskinds LLP Ontario Counsel XXXXXX XXXXX on their own behalf and on behalf of the BC Settlement Class, by their counsel Name of Authorized Signatory: Xxxxxxx Xxxx for Xxxxx G.A. Xxxxx Signature of Authorized Signatory: Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx LLP BC Counsel EBERSPÄCHER GRUPPE GMBH & CO. KG, EBERSPÄCHER EXHAUST TECHNOLOGY GMBH (formerly EBERSPÄCHER EXHAUST XXXXXXXXXX XXXX & XX. XX), XXXXXXXXXXX XXXXX AMERICA INC., and EBERSPÄCHER CLIMATE CONTROL SYSTEMS CANADA INC. (formerly ESPAR PRODUCTS INC.) by their counsel Name of Authorized Signatory: Xxxxx Xxxx Signature of Authorized Signatory: XxXxxxxx LLP Counsel for the Settling Defendants SCHEDULE “A” Proceedings and Second Ontario Action Court and File No. Plaintiffs’ Counsel Plaintiff Defendants Settlement Class Ontario Actions Ontario Siskinds LLP Sheridan Tenneco Inc., Tenneco GmbH, All Persons in Canada who, Superior and Sotos LLP Chevrolet Tenneco Automotive Operating during the Class Period, (a) Court of Cadillac Ltd. Company Inc., Tenneco Canada Inc., purchased, directly or Justice Court and The Bosal International NV, Bosal indirectly, Exhaust Systems; File No. CV- Pickering Auto Nederland, B.V., Bosal Industries- and/or (b) purchased or 17-582446- Mall Ltd. Georgia, Inc. o/a Bosal International leased, directly or indirectly, 00CP (the North America, Bosal USA, Inc., a new or used Automotive “Ontario Eberspächer Gruppe GmbH & Co. Vehicle containing Exhaust Action”) KG, Eberspächer Exhaust Technology Systems; and/or (c) purchased GmbH & Co. KG, Eberspächer North for import into Canada, a new America, Inc., Espar Products Inc., or used Automotive Vehicle Faurecia SA, Faurecia Emissions containing Exhaust Systems. Control Technologies Canada, Ltd., Excluded Persons and Faurecia Emissions Control Persons who are included in Technologies USA LLC, Faurecia the BC Settlement Class are Exhaust Systems, Inc., Faurecia USA excluded from the Ontario Holdings, Inc., Meritor, Inc., Friedrich Settlement Class. Xxxxxx GmbH & Co. KG, and Xxxxxx USA, LLC Ontario Siskinds LLP Sheridan Faurecia Abgastechnik GmbH, Not Applicable. Superior and Sotos LLP Chevrolet Faurecia Systems D’Echappement, Court of Cadillac Ltd. NGK Spark Plug Co., Ltd., Xxxxxx Xxxxxxx Court and The Industry Co., Ltd., NGK Spark Plugs File No. CV- Pickering Auto (U.S.A.), Inc., NGK Spark Plugs 17-00584400- Mall Ltd. Canada Limited, Denso Corporation, 00CP (the Denso International Korea “Second Corporation, Denso Korea Automotive Ontario Corporation, Denso International Action”) America, Inc. Denso Manufacturing Canada, Inc., and Denso Sales Canada, Inc. Court and File No. Plaintiffs’ Counsel Plaintiff Defendants Settlement Class BC Action British Camp Xxxxxxxx Xxxxxx Xxxxx Bosal International NV, Bosal All Persons in British Columbia Xxxxxxxx Nederland, B.V., Bosal Industries- Columbia who, during the Supreme Mogerman Georgia, Inc. o/a Bosal International Class Period, (a) purchased, Court File No. LLP North America, Bosal USA, Inc., directly or indirectly, Exhaust S-192096 Xxxxxxxxx Xxxxxx GmbH & Co. KG, Systems s; and/or (b) (Vancouver Xxxxxx USA, LLC, Denso purchased or leased, directly Registry) (the Corporation, Denso International or indirectly, a new or used “BC Action”) Korea Corporation, Denso Korea Automotive Vehicle Automotive Corporation, Denso containing Exhaust Systems; International America, Inc. Denso and/or (c) purchased for Manufacturing Canada, Inc., Denso import into Canada, a new or Sales Canada, Inc., Eberspächer used Automotive Vehicle Gruppe GmbH & Co. KG, containing Exhaust Systems. Eberspächer Exhaust Technology Excluded Persons are GmbH & Co. KG, Eberspächer North excluded from the BC America, Inc. Espar Products Inc., Settlement Class. Faurecia SA, Faurecia Emissions Control Technologies Canada, Ltd., Faurecia Emissions Control Technologies USA LLC, Faurecia Exhaust Systems, Inc., Faurecia USA Holdings, Inc., Faurecia Abgastechnik GmbH, Faurecia Systems D’Echappement, Meritor, Inc., NGK Spark Plug Co., Ltd., Woojin Industry Co., Ltd., NGK Spark Plugs (U.S.A.), Inc., NGK Spark Plugs Canada Limited, Tenneco Inc., Tenneco GmbH, Tenneco Automotive Operating Company Inc., and Tenneco Canada Inc. SCHEDULE “B” ONTARIO Court File No. CV-17-582446-00CP SUPERIOR COURT OF JUSTICE THE HONOURABLE ) , THE DAY JUSTICE BELOBABA ) OF , 2019 BETWEEN: SHERIDAN CHEVROLET CADILLAC LTD., and THE PICKERING AUTO MALL LTD. - and - Plaintiffs TENNECO INC., TENNECO GMBH, TENNECO AUTOMOTIVE OPERATING COMPANY INC., TENNECO CANADA INC., BOSAL INTERNATIONAL NV, BOSAL NEDERLAND, B.V., BOSAL INDUSTRIES-GEORGIA, INC. x/x XXXXX XXXXXXXXXXXXX XXXXX XXXXXXX, XXXXX XXX, INC., EBERSPÄCHER GRUPPE GMBH & CO. KG, EBERSPÄCHER EXHAUST TECHNOLOGY GMBH & CO. KG, EBERSPÄCHER NORTH AMERICA, INC., ESPAR PRODUCTS INC., FAURECIA SA, FAURECIA EMISSIONS CONTROL TECHNOLOGIES CANADA, LTD., FAURECIA EMISSIONS CONTROL TECHNOLOGIES, USA, LLC, FAURECIA EXHAUST SYSTEMS, INC., FAURECIA USA HOLDINGS, INC., MERITOR, INC., XXXXXXXXX XXXXXX GMBH & CO. KG, and XXXXXX USA, LLC Defendants Proceeding under the Class Xxxxxxxxxxx Xxx, 0000, S.O. 1992, c. 6 ORDER - Exhaust Systems - - Eberspächer Notice Approval and Consent Certification - THIS MOTION made by the Plaintiffs for an Order approving the abbreviated, publication, and long-form notices of settlement approval hearings and the method of dissemination of said notices, and certifying this proceeding as a class proceeding for settlement purposes as against Eberspächer Gruppe GmbH & Co. KG, Eberspächer Exhaust Technology GmbH (formerly Eberspächer Exhaust Xxxxxxxxxx XxxX & Xx. XX), Xxxxxxxxxxx Xxxxx America Inc., and Eberspächer Climate Control Systems Canada Inc. (formerly Espar Products Inc.) (collectively, the “Settling Defendants”) was read this day at Osgoode Hall, 000 Xxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx. ON READING the materials filed, including the settlement agreement with the Settling Defendants dated as of , 2020 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Plaintiffs and Counsel for the Settling Defendants, the Non-Settling Defendants taking no position; AND WHEREAS a parallel class proceeding relating to the pricing of Exhaust Systems was commenced under Court File No. CV-17-00584400-00CP (the “Second Ontario Action”) and is being case managed with the Ontario Action; AND ON BEING ADVISED that the Plaintiffs and the Settling Defendants consent to this Order;
Fax Execution This Agreement may be executed by delivery of executed signature pages by fax and such fax execution will be effective for all purposes.
Execution, Delivery; Valid and Binding Agreement The execution, delivery and performance of this Agreement by Buyer and the consummation of the transactions contemplated hereby have been duly and validly authorized by all requisite corporate action, and no other corporate proceedings on its part are necessary to authorize the execution, delivery or performance of this Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes the valid and binding obligation of Buyer, enforceable in accordance with its terms.
Valid Execution This Agreement has been duly executed and delivered by the Company.
Contract Execution Each individual executing this Agreement on behalf of Consultant represents that he or she is fully authorized to execute and deliver this Agreement.
Facsimile Execution To evidence the fact that it has executed this Agreement, a Party may send a copy of its executed counterpart to the other Party by facsimile transmission. That Party shall be deemed to have executed this Agreement on the date it sent such facsimile transmission. In such event, such Party shall forthwith deliver to the other Party the counterpart of this Agreement executed by such Party.
Due Execution The execution, delivery and performance of this Amendment are within the power of Borrower, have been duly authorized by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restrictions binding on Borrower.
Copies of this Agreement This Agreement shall be executed in four counterparts; each party holds one and the rest are used for the transaction of related formalities. Each of the copies shall be deemed as the original one and has the same effect. [The remainder of this page is intentionally left blank.] Exclusive Purchase Option Agreement
Authorization, Execution and Delivery of this Agreement This Agreement has been duly authorized, executed and delivered by each of the Partnership Parties.
AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this Agreement on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.
