The Action Sample Clauses

The Action. On February 22, 2019, a proposed class action was commenced on behalf of investors who purchased FSD class B common shares in the secondary market during the Class Period, against FSD in the Ontario Superior Court: Xxxx Xxxxxx v. FSD Pharma, Inc. CV-19-614981-00CP (the " Action"). The Plaintiff in the Action alleges that the Defendant made misrepresentations during the Class Period related to FSD’s business, operations and finances by omitting from core documents, non-core documents and statements, material facts regarding the status of its project with Auxly Cannabis Corp. to build-out 220,000 square feet of cannabis cultivation space in Cobourg, Ontario. The parties have reached a proposed settlement of the Action, without an admission of liability on the part of t he Defendant, subject to approval by the Court. The terms of the proposed settlement are set out below. THE TERMS OF THE PROPOSED SETTLEMENT: FSD will pay CAD $5.5 million (the “Settlement Amount”), in full and final settlement of all claims against it in the Action. The Settlement Amount, less the lawyers’ fees and disbursements, administrator’s expenses, and taxes (the “Net Settlement Amount”), if approved by the Court, will be distributed to the Class in accordance with the court-approved Plan of Allocation. The Settlement Agreement may be viewed at xxxxx://xxxxxxxxxx.xxx/fsd-pharma-inc/ or at xxx.xxxxxxxxxxxxxxxxxxxxxxxx.xxx. If the Settlement is approved, a further notice will be published which will include instructions on how Class Members can file Claim Forms to participate in the distribution of the Net Settlement Amount and the deadline for doing so. The Settlement provides that if it is approved by the Court, the claims of all Class Members which were asserted or which could have been asserted in the Action (except any putative Class Members who opt-out) will be fully and finally released and the Action will be dismissed.
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The Action. This case is currently pending before the Xxxxxxxxx Xxxxxxx X. Pallmeyer in the United States District Court for the Northern District of Illinois (the “Court”) and was brought on behalf of the Class (to be certified for settlement purposes) of all Persons who purchased or otherwise
The Action. In 2010, a class proceeding was commenced in the Ontario Superior Court of Justice (the “Court”) against the Defendants (the “Action”). The Action alleged that the Defendants misrepresented, among other things, Canadian Solar’s revenue, losses associated with certain of its long-term contracts, and that its financial results were prepared and presented in accordance with US generally accepted accounting principles. The Action alleged that the Defendants made such misrepresentations in certain public documents released during the period from and including May 26, 2009 to June 1, 2010, as well as in oral statements made during the same period, resulting in Canadian Solar’s securities trading at artificially inflated prices during this period. On September 9, 2014, the Court granted the Plaintiff leave to bring an action for damages under Part XXIII.1 of Ontario’s Securities Act. On January 5, 2015, the Court certified the Action as a class action on behalf of the Class Members. Pursuant to this order, Class Members were afforded the right to exclude themselves or “opt out” of the Class no later than January 15, 2016. Persons who validly exercised the right to opt out are not Class Members, are not affected by this notice and may not participate in the Settlement. Since then, the Action has been vigorously litigated. On July 8, 2020, the Plaintiff and the Defendants executed a Settlement Agreement providing for the settlement of the Action (“Settlement”), which is subject to approval by the Court. The Settlement Agreement provides for the payment of USD$13,000,000.00 (the “Settlement Funds”) in consideration of the full and final settlement of the claims of Class Members. The Settlement Funds include all legal fees, disbursements, taxes and administration expenses. The Settlement provides that if it is approved by the Court, the claims of all Class Members asserted or which could have been asserted in the Action will be fully and finally released and the Action will be dismissed. The Settlement is not an admission of liability, wrongdoing or fault on the part of the Defendants, all of whom have denied, and continue to deny, the allegations against them.
The Action. Case No. 2:16-cv-10936-PDB-EAS in the United States District Court for the Eastern District of Michigan.
The Action. The Winthrop Parties agree not to pursue any other rights or remedies in, through or with respect to the Action, including but not limited to appealing any aspect of the judgment in the Action.
The Action. On February 22, 2019, a proposed class action was commenced on behalf of investors who purchased FSD class B common shares in the secondary market during the Class Period, against FSD in the Ontario Superior Court: Xxxx Xxxxxx v. FSD Pharma, Inc. CV-19-614981-00CP (the " Action"). The Plaintiff in the Action alleges that the Defendant made misrepresentations during the Class Period related to FSD’s business, operations and finances by omitting from core documents, non-core documents and statements, material facts regarding the status of its project with Auxly Cannabis Corp. to build-out 220,000 square feet of cannabis cultivation space in Cobourg, Ontario. The settlement of the Action, without an admission of liability on the part of the Defendant, was approved by The Honourable Justice Xxxxxx Xxxxxx on [DATE], 2020. This notice provides a summary of the settlement.
The Action a. The Action was filed on March 13, 2020 by Plaintiff Altamonte, individually and on behalf of a putative class. Defendant Greenway Health, LLC moved to dismiss the Action on May 29, 2020. The Amended Complaint was filed September 18, 2020. Greenway answered the Amended Complaint on November 13, 2020. On February 22, 0000, Xxxxxxxxx Xxxxxxxxx filed a Motion for Class Certification, which Greenway opposed on March 22, 2021. The Motion for Class Certification remains pending.
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The Action. 2.01 On or about August 17, 2018, plaintiff Xxxxx Xxxxxx initiated the Action against LVNV and Xxxxxx & Xxxx. The Action asserted individual and class claims under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.; the Xxxxxxxxx Fair Debt Collection Practices Act, California Civil Code section 1788 et seq., and the Unfair Competition Law, Business and Professions Code § 17200 et seq. Plaintiff alleged that Defendants violated these statutes by collecting court judgments without establishing itself as assignee of record by compliance with California Code of Civil Procedure § 673. On October 6, 2020, the Court granted class certification, appointed Xxxxxxx X. Xxxxxxx of the Consumer Law Office of Xxxxxxx X. Xxxxxxx, and Xxxxxxx Xxxxx of Housing and Economic Rights Advocates as Class Counsel, and appointed Plaintiff as Class Representative.
The Action. 3.1 The Defendant agrees that the Plaintiff’s claim shall be unopposed subject to the following terms and conditions as stated below;
The Action. A. All words or terms used herein that are capitalized shall have the meanings ascribed to those words or terms herein and in ¶1 hereof entitled “Definitions.”
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