Certification of Class. The Settlement Agreement shall provide for the conditional certification in the Consolidated Delaware Action, for settlement purposes only, of a non-opt-out class pursuant to Court of Chancery Rules 23(a), 23(b)(1) and 23(b)(2) that includes any and all record holders and beneficial owners of ICG common stock who held any such share(s) at any time between and including May 2, 2011 and the effective date of consummation of the Proposed Transaction, and their respective successors in interest, successors, predecessors in interest, predecessors, representatives, trustees, executors, administrators, heirs, assigns or transferees, immediate and remote, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their predecessors and successors and assigns, but excluding the specifically named Defendants (the “Class”).
Certification of Class. The Parties agree that, for settlement purposes only, the Action shall be certified and proceed as a class action under applicable jurisprudence.
Certification of Class. Solely for the purposes of this Settlement, and without any finding or admission of any wrongdoing or fault by any of the Settling Defendants, and pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the nationwide Settlement Class, pursuant to Federal Rule of Civil CASE NO.: 19-22864-Civ-XXXXX/XXXXXXX Settlement Agreement and Release Procedure 23(b)(3) and 23(b)(2). Xxxx Xxxxxxx and Xxxx Xxxxxx will serve as Class Representative plaintiffs and Xxxx Xxxxxxxxx of The Xxxxxxxxx Law Firm, PLLC and Xxxx Xxxxxxx of Xxxxxx Xxxxxx Xxxxxxx Xxxxxxxx & Xxxxxxx PA will serve as Co-Lead Class Counsel.
Certification of Class. The Settlement Agreement shall provide for the conditional certification in the Consolidated Delaware Action, for settlement purposes only, of a non-opt-out class pursuant to Court of Chancery Rules 23(a), 23(b)(1) and 23(b)(2) that includes any person or entity who was a record holder or beneficial owner of Adolor common stock at any time between and including March 30, 2011 and the closing of the Proposed Transaction (regardless of the date of purchase or sale of Adolor common stock), their respective successors-in-interest, successors, predecessors-in-interest, predecessors, agents, representatives, trustees, executors, administrators, heirs, assigns or transferees, immediate and remote, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, but excluding the specifically named Defendants and any person, firm, trust, corporation or other entity affiliated with any Defendant (the “Class”).
Certification of Class. The Settlement Agreement shall provide for the conditional certification in the Delaware Action, for settlement purposes only, of a non-opt-out class that includes any and all record and beneficial holders of Radio Shares, their respective successors in interest, successors, predecessors in interest, predecessors, representatives, trustees, executors, administrators, heirs, assigns or transferees, immediate and remote, and any person or entity acting for or on behalf of, or claiming under, any of them, and each of them, together with their predecessors and successors and assigns, who held any such Radio Shares at any time between and including February 10, 2009 and the date of consummation of the Merger, but excluding CEI, CMG, Radio and the current Radio directors (the “Class”).
Certification of Class. 11. The proposed Settlement Class meets the requirements of Rule 23(a).
Certification of Class. Notwithstanding anything to the contrary contained in this Letter Agreement, the obligation of the parties hereto shall be expressly conditioned upon certification of a non- opt out class pursuant to F.R.C.P. 23 (b) (1) and / or (b) (2) and F.R.B.P. 7023 (b) (1) and / or (2); once such certification has occurred, all conditions precedent to the effectiveness of this Letter Agreement have been satisfied and the Effective Date has Occurred, this Letter Agreement shall be binding upon all members of the Association and no member of the class may opt out for any reason. In order to effectuate the settlement, the process of designating a class of Association member will be continued. In this regard, notice will be given to all such members of the proposed designation of the class; further notice of the proposed settlement will be given to the class as required under the Association on December 30, 1992 in the Chapter 11 Case shall be amended to include the general partners of the Debtor as party defendants, and the final resolution of this matter shall include the settlement of claims, if any, by all members of the Association with respect to the claims alleged in such class proof of claim. Condominium Owners Association June 30, 1994 Page – 19-
Certification of Class. Solely for the purposes of this Settlement, and without any finding or admission of any wrongdoing or fault by Settling Defendant, and pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the nationwide Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3) and 23(b)(2). Xxxxxxx Xxxx, Xxxxxx XxXxxxxx, Xxxx Xxxxxx, and Xxxxxxxx X. Xxxxxxxxx-Xxxxx will serve as Class Representative plaintiffs and (1) Xxxxx Xxxxx & Hlinger LLP, (2) Xxxxxxxxx Xxxxxx LLP; (3) Xxxx Xxxxxxx Law PC; (4) Xxxxx, Xxxxxx & Xxxxxx, LLP;
Certification of Class. Solely for the purposes of this Settlement, and without any finding or admission of any wrongdoing or fault by any of the Settling Defendants, and pursuant to the terms of this Agreement, the Parties consent to and agree to the establishment of a conditional certification of the nationwide Settlement Class, pursuant to Federal Rule of Civil Procedure 23(b)(3) and 23(b)(2). Xxxxx Xxxxxxxx, Xxxxxx Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxxxxx Angeles, and Xxxxxx Xxxxx will serve as Class Representative plaintiffs and (1) Xxxxxxxxx Xxxxxx LLP; (2) Xxxx Xxxxxxx Law PC; (3) Levin, Papantonio, Thomas, Mitchell, Xxxxxxxx & Proctor, PA; (4) Barbat, Mansour, & Xxxxx PLLC, (5) Bursor & Fisher PA; and (6) Shub Law Firm LLC will serve as Class Counsel.
Certification of Class. For settlement purposes only, the Settling Parties agree to certification of the Class pursuant to Fed. R. Civ. P. Rules 23(a) and 23(b)(3). The Settling Parties' stipulation to the certification of the Class is for purposes of the Settlement set forth in this Agreement only. Defendant's agreement to the certification of the Class solely for the purpose of this Agreement does not, and shall not, constitute, in this or any other proceeding, an admission by Defendant of any kind or any determination that certification of a class for trial or other litigation purposes in the Action or any other separate action is, or would be, appropriate. If the Settlement is not granted Final Approval or this Agreement is otherwise terminated or rendered null and void, the certification of the Class shall be automatically vacated and shall not constitute evidence or any determination that the requirements for certification of a class for trial or other litigation purposes in this Action or any other action are satisfied; in such circumstances, Defendant reserves all rights to challenge certification of any class or subclass for trial or other litigation purposes in the Action or in any other action on all available grounds as if no class had been certified in this Action for purposes of the Settlement.
