Certification for Settlement Purposes Only. Plaintiff’s motion for class certification shall be only for the limited purpose of effectuating this Agreement. Defendant shall not take any position with respect to Plaintiff’s request for certification of the Settlement Class, provided that it is consistent with this Agreement, but reserves all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. (1) The Parties agree that the Proceedings shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Court.
(2) The Plaintiffs agree that, in the motions for certification of the Proceedings as class proceedings for settlement purposes and for the approval of this Settlement Agreement, the only common issues that they will seek to define are the Common Issues and the only classes that they will assert are the Settlement Classes. The Parties agree that the certification of the Proceedings as against the Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non-Settling Defendants, except as expressly set out in this Settlement Agreement.
Certification for Settlement Purposes Only. (1) The Parties agree that the Ontario Action shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court.
(2) The Parties agree that the motion to approve the notice in the Quebec Action will provide for the modification of the authorized Settlement Class and Common Issue to reflect the definitions of Settlement Class and Common Issue for the Quebec Action in Schedule A.
(3) The Plaintiffs agree that, in the motions for certification of the Ontario Action as a class proceeding for settlement purposes, for an order approving notice and modifying the authorized Settlement Class and Common Issue in the Quebec Action, and for the approval of this Settlement Agreement, the only common issue that they will seek to define is the Common Issue and the only classes that they will assert are the Settlement Classes. The Parties agree that the certification of the Ontario Action and amendment of the Settlement Class and Common Issue in the Quebec Action as against the Settling Defendants for the purpose of implementing this Settlement Agreement shall not derogate in any way from the rights of the Plaintiffs as against any other Person or party, except as expressly set out in this Settlement Agreement.
(4) In the event that this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, any submission or attornment in connection with this Settlement Agreement by the Settling Defendants shall be deemed to have no effect, the Settling Defendants shall reserve all of their existing procedural, substantive and jurisdictional rights and defences, and this Settlement Agreement or any other settlement-related statement may not be cited in support of any argument as against the Releasees.
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Class only for the limited purpose of effectuating this Agreement. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action. If this Agreement is terminated, or is reversed, vacated, or modified in any material respect by the Court or any other court, the certification of the Settlement Class shall be vacated, and the prior certified class definition of June 5, 2023 (ECF No. 92) will control.
Certification for Settlement Purposes Only. (1) The Parties agree that the Proceedings shall be certified as class proceedings as against the Settling Defendant solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Courts.
Certification for Settlement Purposes Only. (1) The Parties agree that the Ontario Actions shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court.
(2) The Plaintiffs agree that, in the motion for certification of the Ontario Actions as class proceedings for settlement purposes, and for the approval of this Settlement Agreement, the only common issues that they will seek to define are the Common Issues and the only classes that they will assert are the Settlement Classes. The Parties agree that the certification of the Ontario Actions as against the Settling Defendants for the purpose of implementing this Settlement Agreement shall not derogate in any way from the rights of the Plaintiffs as against any Person or party other than the Releasees.
(3) In the event that this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, any submission or attornment in connection with this Settlement Agreement by the Settling Defendants shall be deemed to have no effect, the Settling Defendants shall reserve all of their existing procedural, substantive and jurisdictional rights and defences, and this Settlement Agreement or any other settlement-related statement may not be cited in support of any argument as against the Releasees.
Certification for Settlement Purposes Only. (a) The Parties agree that the Action shall be certified as a class proceeding as against the Defendants solely for purposes of settlement of the Action and the approval of this Settlement Agreement by the Court, and such certification shall not be used or relied on as against the Defendants for any other purpose or in any other proceeding.
Certification for Settlement Purposes Only. Compass agrees to not oppose certification of the Settlement Class only for the limited purpose of effectuating the Settlement Agreement. If the Settlement Agreement is not preliminarily or finally approved in all material respects, Compass reserves all rights to object to the propriety of class certification in the Litigation and in all other contexts and for all other purposes, and neither this Agreement nor Compass’s non-opposition to the conditional certification of a settlement class for purposes of this Settlement may be cited as an admission by Compass of the propriety of class certification.
Certification for Settlement Purposes Only. Defendants agree not to oppose certification of the Settlement Class only for the limited purpose of effectuating this Settlement Agreement. If the Settlement Agreement is not preliminarily or finally approved in all material respects, Defendants maintain all rights to appeal or otherwise challenge the Class Certification Order, and neither this Agreement nor Defendants’ non-opposition to certification for purposes of this Settlement may be cited as an admission by Defendants of the propriety of class certification. 1631765.1
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Class only for the limited purpose of effectuating this Agreement. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action. If this Agreement is terminated, or is reversed, vacated, or modified in any material respect by the Court or any other court, the certification of the Settlement Class shall be vacated, the Action shall proceed as though the Settlement Class had never been certified, and no reference to the prior Settlement Class or any documents related thereto shall be made for any purpose. Defendants reserve all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
