Settlement Class Representatives Sample Clauses

Settlement Class Representatives. For purposes of the Settlement only, the Court finds and determines, pursuant to Rule 23(a) of the Federal Rules of Civil Procedure, that plaintiffs identified in Exhibit B to the Settlement Agreement (“Settlement Class Representatives”) will fairly and adequately represent the interests of the Settlement Class in enforcing their rights in the Action and appoints them as Settlement Class Representatives. The Court further finds that plaintiffs Xxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx, and Xxxxx Xxxxx will also fairly and adequately represent the interests of the California Settlement Subclass in enforcing their rights in the Action and appoints them as Settlement Class Representatives for the California Settlement Subclass. The Court preliminarily finds that they are similarly situated to absent Settlement Class Members and are therefore typical of the Settlement Classes, and that they will be adequate class representatives.
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Settlement Class Representatives on behalf of the Settlement Class and the Plan, agree to settle and folly resolve the Claims asserted in the ERISA Action against all Settling Defendants (except Defendants Xxxxxxx X. Xxxxxxx and Xxxxxxx X. Xxxxxx) for the Settlement Amount, against Defendant Scrushy for the Supplemental Settlement Amount, and against Defendant Xxxxxx for the Xxxxxx Supplemental Settlement Amount, as set forth below.
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Settlement Class Representatives. The Parties agree that, for settlement purposes
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Settlement Class Representatives. “Settlement Class Representatives” means Plaintiffs Xxxxx X. Xxxxx, Xxxxxx Xxxxx, Xxxxxx XxXxxxxx, Xxxxx X. Xxxxx, Xxxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxx X. Xxxx, Xxxxxxx Xxxxxxx, Xxxx Xxxxxxxx, Xxxxxx Xxxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxx Malske, Xxxxxx Xxx, Xxxxx Xxxxxxxxxx, Xxxxxx Xxxxxx, and Xxxx X. Xxxx.
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Settlement Class Representatives. Class Counsel, and Settlement Class Members will not seek in excess of the sums specified in Paragraph 7.1, and in any event, they agree that Defendants shall not pay, nor be obligated to pay, any sum in excess of the cap amounts specified in Paragraph 7.1. In furtherance of the agreements in Paragraph 7, in the event of any objections to the Settlement or appeal from any order of the Court granting final approval or final judgment, Class Counsel agree that they will be responsible for responding to objectors and intervenors, and defending the Court’s Final Approval Order and Final Judgment on appeal, if any, at their own cost. Defendants reserve the right to respond to objectors and intervenors, and to join in the defense of the Final Approval Order and Final Judgment. Any costs incurred by Class Counsel in such appeals, including costs incurred to settle any claims by objectors or intervenors, are the sole responsibility of Class Counsel. No Person may seek to recover such costs from Defendants.
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Settlement Class Representatives. The named plaintiffs in the Financial Institutions Complaint attached as Exhibit 7.
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Settlement Class Representatives. “Settlement Class Representatives” means Xx. Xxxxx, Xx. Xxxxx, Xx. Xxxxxx, Xx. Xxxxx, Xx. Xxxxxx, Xx. Xxxxxx and Xx. Xxxxxxx, Xx. Xxxxxx and Xx. Xxxxxxx.
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Settlement Class Representatives. Fort XxXxxxxxx Credit Union, Midwest America Federal Credit Union, and Gulf Coast Bank & Trust Company.
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Settlement Class Representatives. Solely for the purposes of settlement, the Parties stipulate to Xxxxxxx Xxxxx, Xxxxx Xxxxxx, Xxxxxxxx Xxxxxxxx and Xxxxx Xxxxx being appointed as settlement class representatives and that the requirements of I. R. CIV. P. 1.262(2)(c) are satisfied.
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Related to Settlement Class Representatives

  • Appointment of Controlling Noteholder Representative (a) The Controlling Noteholder shall have the right at any time to appoint a controlling noteholder representative to exercise its rights hereunder (the “Controlling Noteholder Representative”). The Controlling Noteholder shall have the right in its sole discretion at any time and from time to time to remove and replace the Controlling Noteholder Representative. When exercising its various rights under Section 5 and elsewhere in this Agreement, the Controlling Noteholder may, at its option, in each case, act through the Controlling Noteholder Representative. The Controlling Noteholder Representative may be any Person (other than a Borrower Party), including, without limitation, the Controlling Noteholder, any officer or employee of the Controlling Noteholder, any Affiliate of the Controlling Noteholder or any other unrelated third party. No such Controlling Noteholder Representative shall owe any fiduciary duty or other duty to any other Person (other than the Controlling Noteholder). All actions that are permitted to be taken by the Controlling Noteholder under this Agreement may be taken by the Controlling Noteholder Representative acting on behalf of the Controlling Noteholder and other Noteholders (and any Servicer) will accept such actions of the Controlling Noteholder Representative as actions of the Controlling Noteholder. The Lead Securitization Noteholder (or any Servicer on its behalf) shall not be required to recognize any Person as a Controlling Noteholder Representative until the Controlling Noteholder has notified the Lead Securitization Noteholder (and any Servicer) of such appointment and, if the Controlling Noteholder Representative is not the same Person as the Controlling Noteholder, the Controlling Noteholder Representative provides the Lead Securitization Noteholder (and any Servicer) with written confirmation of its acceptance of such appointment, an address, any fax number and any email address for the delivery of notices and other correspondence and a list of officers or employees of such person with whom the parties to this Agreement may deal (including their names, titles, work addresses, telephone numbers, any fax numbers and any email addresses). The Controlling Noteholder shall promptly deliver such information to any Servicer. None of the Servicers, Operating Advisor and Trustee shall be required to recognize any person as a Controlling Noteholder Representative until they receive such information from the Controlling Noteholder. The Controlling Noteholder agrees to inform each such Servicer or Trustee of the then-current Controlling Noteholder Representative.

  • Selection of Representatives a) Each central party and the Crown shall select its own representatives to the Committee.

  • Note Holder Representatives (a) The Controlling Note Holder shall have the right at any time to appoint a representative in connection with the exercise of its rights and obligations with respect to the Mortgage Loan (the “Controlling Note Holder Representative”). The Controlling Note Holder shall have the right in its sole discretion at any time and from time to time to remove and replace the Controlling Note Holder Representative. When exercising its various rights under Section 5 and elsewhere in this Agreement, the Controlling Note Holder may, at its option, in each case, act through the Controlling Note Holder Representative. The Controlling Note Holder Representative may be any Person, including, without limitation, the Controlling Note Holder, any officer or employee of the Controlling Note Holder, any affiliate of the Controlling Note Holder or any other unrelated third party (other than the Mortgage Loan Borrower, any manager of a Mortgaged Property or any principal or Affiliate thereof). No such Controlling Note Holder Representative shall owe any fiduciary duty or other duty to any other Person (other than the Controlling Note Holder). All actions that are permitted to be taken by the Controlling Note Holder under this Agreement may be taken by the Controlling Note Holder Representative acting on behalf of the Controlling Note Holder. Any Servicer acting on behalf of the Lead Securitization Note Holder shall not be required to recognize any Person as a Controlling Note Holder Representative until the Controlling Note Holder has notified such Servicer or Trustee of such appointment and, if the Controlling Note Holder Representative is not the same Person as the Controlling Note Holder, the Controlling Note Holder Representative provides any Servicer or Trustee with written confirmation of its acceptance of such appointment, an address and telecopy number for the delivery of notices and other correspondence and a list of officers or employees of such person with whom the parties to this Agreement may deal (including their names, titles, work addresses and telecopy numbers). The Controlling Note Holder shall promptly deliver such information to any Servicer. None of the Servicers, Operating Advisor and Trustee shall be required to recognize any person as a Controlling Note Holder Representative until they receive such information from the Controlling Note Holder. The Controlling Note Holder agrees to inform each such Servicer or Trustee of the then-current Controlling Note Holder Representative. Neither the Controlling Note Holder Representative nor the Controlling Note Holder will have any liability to any other Note Holder or any other Person for any action taken, or for refraining from the taking of any action or the giving of any consent or the failure to give any consent pursuant to this Agreement or the Lead Securitization Servicing Agreement, or errors in judgment, absent any loss, liability or expense incurred by reason of its willful misfeasance, bad faith or gross negligence. The Note Holders agree that the Controlling Note Holder Representative and the Controlling Note Holder (whether acting in place of the Controlling Note Holder Representative when no Controlling Note Holder Representative shall have been appointed hereunder or otherwise exercising any right, power or privilege granted to the Controlling Note Holder hereunder) may take or refrain from taking actions, or give or refrain from giving consents, that favor the interests of one Note Holder over any other Note Holder, and that the Controlling Note Holder Representative and the Controlling Note Holder may have special relationships and interests that conflict with the interests of another Note Holder and, absent willful misfeasance, bad faith or gross negligence on the part of the Controlling Note Holder Representative or the Controlling Note Holder, as the case may be, agree to take no action against the Controlling Note Holder Representative, the Controlling Note Holder or any of their respective officers, directors, employees, principals or agents as a result of such special relationships or interests, and that neither the Controlling Note Holder Representative nor the Controlling Note Holder will be deemed to have been grossly negligent or reckless, or to have acted in bad faith or engaged in willful misfeasance or to have recklessly disregarded any exercise of its rights by reason of its having acted or refrained from acting, or having given any consent or having failed to give any consent, solely in the interests of any Note Holder. Each Non-Controlling Note Holder shall provide notice of its identity and contact information (including any change thereof) to the Trustee, Certificate Administrator, the Master Servicer and the Special Servicer under the Lead Securitization; provided, that each Initial Note Holder shall be deemed to have provided such notice on the date hereof. The Trustee, Certificate Administrator, the Master Servicer and the Special Servicer under the Lead Securitization shall be entitled to conclusively rely on such identity and contact information received by it and shall not be liable in respect of any deliveries hereunder sent in reliance thereon. Each Non-Controlling Note Holder shall have the right at any time to appoint a representative in connection with the exercise of its rights and obligations with respect to the Mortgage Loan (with respect to such Note Holder, the “Non-Controlling Note Holder Representative”). All of the provisions relating to the Controlling Note Holder and the Controlling Note Holder Representative set forth in the first paragraph of this Section 6(a) (except those contained in the last sentence thereof) and the second paragraph of this Section 6(a) shall apply to each Non-Controlling Note Holder and its Non-Controlling Note Holder Representative mutatis mutandis. For so long as the Controlling Note is included in the Lead Securitization, the “Directing Certificateholder” under the Lead Securitization Servicing Agreement (or any other party designated under the Lead Securitization Servicing Agreement to exercise the rights of the Controlling Note Holder hereunder) shall be the Controlling Note Holder Representative.

  • Grievance Representatives Within 30 working days after the execution of this Agreement, the Union shall furnish the Xxxxxxx with a list of all persons authorized to act as the Chapter and UPI Local Grievance Representatives and shall update the list as changes occur. The designated Chapter Grievance Representative shall be an employee of the University and shall have the responsibility to meet classes, office hours, and other assigned duties and responsibilities. If the responsibilities of the Chapter Grievance Representative require rescheduling of the representative's University duties, the representative may, with the approval of the Xxxxxxx, arrange for the rescheduling of such duties or their coverage by colleagues. Such approval shall not be unreasonably withheld. The provisions of Article 15.4. shall also apply to the UPI Local Grievance Representative if he or she is an employee of the University.

  • Project Representatives The Contractor designates the following individual as project representative for all matters concerning this Agreement: Xxxxxx Xxxxxx Housing & Education Specialist 000 000xx Xxxxxx Xxxxxxx, XX 00000 Phone: 000-000-0000, ext. 127 Email: xxxxxxx@xxxxxxxxxxxxxxxxxxxx.xxx The Authority designates the following individual as Contract Administrator/project representative to be the initial point of contact for all matters concerning this Agreement: Xxxx Xxxxxxxxxxxxx Authority Buyer 000 Xxxx Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000 Email: XxxxxxxxxxxxxX0@xxxxxxxx.xxx The Contractor shall contact only the designated Contract Administrator with any Authority-related questions, work requests, etc., as described in this Agreement, as well as any Authority-related questions, work requests, etc., falling outside the scope of this Agreement. Except for changes to the performance schedule (not including the project’s completion date), the designated project representatives shall have no authority to make promises or binding obligations on behalf of the Authority, as such authority rests with the duly authorized persons executing this Agreement.

  • City’s Representative The City hereby designates Xxx Xxxxx, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

  • Staff Representatives A. The Union will provide the Employer with a written list of staff representatives and the bargaining unit for which they are responsible. The Union will provide written notice to the Employer of any changes within thirty (30) calendar days of the changes.

  • CONTRACT REPRESENTATIVES The following will act as the designated Representative authorized to administer activities, including, but not limited to, non-legal notices, consents, approvals, requests, or other general communications provided for or permitted to be given under this Contract. The designated Party Representatives are: Grantee HHSC Xxxxxxx Xxxxx 000 X. Xxxxx Xxxx Xxxx. 0 Xxx 000 Irving, TX 75039 (000) 000-0000 xxxxxx@xxxxxxx.xxx Xxxxxx Xxxxxx, CTCM 0000 X. 00xx Xxxxxx; Mail Code 1938 Austin, Texas 78751 (000) 000-0000 xxxxxx.xxxxxx00@xxxx.xxxxx.xx.xx

  • Appointment of Controlling Note Holder Representative and Non-Controlling Note Holder Representative (a) The Controlling Note Holder shall have the right at any time to appoint a representative in connection with the exercise of its rights and obligations with respect to the Mortgage Loan (the “Controlling Note Holder Representative”). The Controlling Note Holder shall have the right in its sole discretion at any time and from time to time to remove and replace the Controlling Note Holder Representative. When exercising its various rights under Section 5 and elsewhere in this Agreement, the Controlling Note Holder may, at its option, in each case, act through the Controlling Note Holder Representative. The Controlling Note Holder Representative may be any Person (other than the Mortgage Loan Borrower, its principal or any Affiliate of the Mortgage Loan Borrower), including, without limitation, the Controlling Note Holder, any officer or employee of the Controlling Note Holder, any affiliate of the Controlling Note Holder or any other unrelated third party. No such Controlling Note Holder Representative shall owe any fiduciary duty or other duty to any other Person (other than the Controlling Note Holder). All actions that are permitted to be taken by the Controlling Note Holder under this Agreement may be taken by the Controlling Note Holder Representative acting on behalf of the Controlling Note Holder. Any Servicer acting on behalf of the Lead Securitization Note Holder shall not be required to recognize any Person as a Controlling Note Holder Representative until the Controlling Note Holder has notified the Servicer or Trustee of such appointment and, if the Controlling Note Holder Representative is not the same Person as the Controlling Note Holder, the Controlling Note Holder Representative provides any Servicer or Trustee with written confirmation of its acceptance of such appointment, an address and facsimile number for the delivery of notices and other correspondence and a list of officers or employees of such person with whom the parties to this Agreement may deal (including their names, titles, work addresses and facsimile numbers). The Controlling Note Holder shall promptly deliver such information to any Servicer. None of the Servicers, Operating Advisor and Trustee shall be required to recognize any person as a Controlling Note Holder Representative until they receive such information from the Controlling Note Holder. The Controlling Note Holder agrees to inform each such Servicer or Trustee of the then-current Controlling Note Holder Representative.

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