Common use of Certification of Settlement Class For Settlement Purposes Clause in Contracts

Certification of Settlement Class For Settlement Purposes. 14.1 After the Preliminary Approval Order and no later than twenty-eight (28) days before the Final Approval Hearing, the Class Representatives shall move for Final Approval of the Settlement and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final. Any responsive papers shall be filed and served no later than seven (7) calendar days prior to the Final Approval Hearing. 14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in substantially the form attached hereto as Exhibit 3, the certification of the above- described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, XXXX reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.

Appears in 1 contract

Samples: Settlement Agreement

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Certification of Settlement Class For Settlement Purposes. 14.1 After the Preliminary Approval Order and no later than twenty-eight fourteen (2814) days before the Final Approval Hearing, the Class Representatives Representative shall move for Final Approval of the Settlement and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final. Any responsive papers shall be filed and served no later than seven (7) calendar days prior to the Final Approval Hearing. 14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in substantially the form attached hereto as Exhibit 34, the certification of the above- described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, XXXX Defendant reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.

Appears in 1 contract

Samples: Settlement Agreement

Certification of Settlement Class For Settlement Purposes. 14.1 After the Preliminary Approval Order and no later than twenty-eight fifteen (2815) days before the Final Approval Hearing, the Class Representatives Representative shall move for Final Approval of the Settlement and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final. Any responsive papers shall be filed and served no later than seven (7) calendar days prior to the Final Approval Hearing. 14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in substantially the form attached hereto as Exhibit 3, the certification of the above- described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, XXXX TDAF reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.

Appears in 1 contract

Samples: Settlement Agreement

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Certification of Settlement Class For Settlement Purposes. 14.1 After entry of the Preliminary Approval Order Order, and no later than twentythirty-eight five (2835) days before the Final Approval Hearing, or such shorter time as allowed by the Court, the Class Representatives shall move for Final Approval of the Settlement Settlement, an award of attorneys’ fees and costs an award of service payments and entry of Final Judgment and shall request that the preliminary certification of the Settlement Class for settlement purposes be made final. Any responsive papers shall be filed and served no later than seven (7) calendar days prior to the Final Approval Hearing. 14.2 If the Settlement is not granted final approval and the Final Approval Order is not entered in the same or substantially the same form attached hereto as Exhibit 36 hereto, the certification of the above- above-described Settlement Class shall be automatically vacated and shall not constitute evidence or a binding determination that the requirements for certification of a class for any other purposes in this or any other action can be or have been satisfied. In such circumstances, XXXX Discover reserves and shall have all rights to challenge certification of a Settlement Class or any other class for any other purpose in the Action or any other action on all available grounds as if no Settlement Class had been certified.

Appears in 1 contract

Samples: Settlement Agreement

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