CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY Sample Clauses

CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. 3.1 The Parties agree that this Action may be certified as a class action under Fed. R. Civ. P. 23(a) and (b)(3) for settlement purposes only in accordance with the terms of this Agreement and without prejudice to Viridian’s right to contest class certification in the event that this Agreement fails to reach the Effective Date, or is not fully implemented in accordance with its terms.
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CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. 57. Plaintiffs and Defendants agree to ask the Court to certify the Settlement Class under the Federal Rules of Civil Procedure. Defendants agree to this certification for settlement purposes only.
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CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. 3.1 For purposes of settlement, Plaintiff shall ask the Court to certify the Settlement Class under Federal Rules of Civil Procedure 23(b)(2) and (b)(3). 3.2 The Defendants agree that this Action may be certified as a class action for settlement purposes only in accordance with the terms of this Agreement and without prejudice to Defendants’ right to contest class certification in the event that this Agreement fails to reach the Effective Date, or is not fully implemented in accordance with its terms. 3.3 If the Settlement is not approved or this Agreement fails to be fully implemented or the Effective Date is not reached, (i) the Parties and status of the Action will return to the status quo ante existing before the execution of the Settlement, as described further in Paragraph 16.14 and (ii) Defendants reserve all rights to object to any subsequent motion to certify a class in this Action or any other lawsuit, and no representation or concession made in connection with the Settlement or this Agreement shall be considered law of the case or an admission by Defendants, or to have any kind of preclusive effect against Defendants or to give rise to any form of estoppel or waiver by Defendants in this Action or any other lawsuit or proceeding. 3.4 Defendants expressly deny any and all liability and/or wrongdoing with respect to any and all of the claims alleged in this Action and any similar lawsuits, and Defendants enter
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CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. 2.2.1. The Settling Parties stipulate, for settlement purposes only, to the certification by the Court of a class pursuant to Federal Rule of Civil Procedure (“Rule”) 23, as to all state law claims asserted in the Settled Lawsuits, which are claims under New Jersey, Maryland, New York and Ohio labor laws, and the appointment of the Plaintiffs as class representatives and the appointment of Plaintiffs’ Counsel as class counsel. 2.2.2. If, for any reason, the Court does not approve this Stipulation, fails to enter the Order of Final Approval, or fails to enter the Judgment, or if this Stipulation is lawfully terminated for any other reason, the Settling Parties’ stipulation to the certification of any class for settlement purposes shall be deemed null and void ab initio, and Defendant shall retain the absolute right to dispute the propriety of class certification (and the maintenance of the already conditionally certified collective action) on all applicable grounds.
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CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY. Within twenty (20) days after the execution of this Settlement Agreement, Plaintiffs will file a Complaint and request that the Court certify the Class pursuant to Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3). The Settlement Agreement shall be filed simultaneously with the Complaint, or as soon thereafter as is practicable. Defendant will not oppose Plaintiffs’ request to certify the Class for settlement purposes only. The Named Plaintiffs and Class Counsel agree that, if the Action were to proceed, they would not argue or present any argument, and hereby waive any argument, based on this settlement or this Settlement Agreement or any exhibit and attachment hereto, or any act performed or document executed pursuant to or in furtherance of this settlement or this Settlement Agreement or negotiations that led to settlement, that Defendant should be thereby barred from contesting class action certification pursuant to Federal Rule of Civil Procedure 23, or from asserting any and all other potential defenses and privileges. This Settlement Agreement shall not be deemed an admission by, or a basis for estoppel against, Defendant that class action treatment pursuant to Federal Rule of Civil Procedure 23 in the Action is proper or cannot be contested on any grounds.
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Related to CERTIFICATION OF THE CLASS FOR SETTLEMENT PURPOSES ONLY

  • Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

  • Determination of Pass-Through Rates for COFI Certificates The Pass-Through Rate for each Class of COFI Certificates for each Interest Accrual Period after the initial Interest Accrual Period shall be determined by the Trustee as provided below on the basis of the Index and the applicable formulae appearing in footnotes corresponding to the COFI Certificates in the table relating to the Certificates in the Preliminary Statement. Except as provided below, with respect to each Interest Accrual Period following the initial Interest Accrual Period, the Trustee shall not later than two Business Days prior to such Interest Accrual Period but following the publication of the applicable Index determine the Pass-Through Rate at which interest shall accrue in respect of the COFI Certificates during the related Interest Accrual Period. Except as provided below, the Index to be used in determining the respective Pass-Through Rates for the COFI Certificates for a particular Interest Accrual Period shall be COFI for the second calendar month preceding the Outside Reference Date for such Interest Accrual Period. If at the Outside Reference Date for any Interest Accrual Period, COFI for the second calendar month preceding such Outside Reference Date has not been published, the Trustee shall use COFI for the third calendar month preceding such Outside Reference Date. If COFI for neither the second nor third calendar months preceding any Outside Reference Date has been published on or before the related Outside Reference Date, the Index for such Interest Accrual Period and for all subsequent Interest Accrual Periods shall be the National Cost of Funds Index for the third calendar month preceding such Interest Accrual Period (or the fourth preceding calendar month if such National Cost of Funds Index for the third preceding calendar month has not been published by such Outside Reference Date). In the event that the National Cost of Funds Index for neither the third nor fourth calendar months preceding an Interest Accrual Period has been published on or before the related Outside Reference Date, then for such Interest Accrual Period and for each succeeding Interest Accrual Period, the Index shall be LIBOR, determined in the manner set forth below. With respect to any Interest Accrual Period for which the applicable Index is LIBOR, LIBOR for such Interest Accrual Period will be established by the Trustee on the related Interest Determination Date as provided in Section 4.08. In determining LIBOR and any Pass-Through Rate for the COFI Certificates or any Reserve Interest Rate, the Trustee may conclusively rely and shall be protected in relying upon the offered quotations (whether written, oral or on the Reuters Screen) from the Reference Banks or the New York City banks as to LIBOR or the Reserve Interest Rate, as appropriate, in effect from time to time. The Trustee shall not have any liability or responsibility to any Person for (i) the Trustee's selection of New York City banks for purposes of determining any Reserve Interest Rate or (ii) its inability, following a good-faith reasonable effort, to obtain such quotations from the Reference Banks or the New York City banks or to determine such arithmetic mean, all as provided for in this Section 4.07. The establishment of LIBOR and each Pass-Through Rate for the COFI Certificates by the Trustee shall (in the absence of manifest error) be final, conclusive and binding upon each Holder of a Certificate and the Trustee.

  • Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied;

  • Exclusion of Certain Securities from Eligibility for Selection for Redemption Securities shall be excluded from eligibility for selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of the Issuer and delivered to the Trustee at least 40 days prior to the last date on which notice of redemption may be given as being owned of record and beneficially by, and not pledged or hypothecated by either (a) the Issuer or (b) an entity specifically identified in such written statement as directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer.

  • Liability for Failure to Stop Payment of Preauthorized Transfers If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

  • Allocations for Capital Account Purposes For purposes of maintaining the Capital Accounts and in determining the rights of the Partners among themselves, the Partnership’s items of income, gain, loss and deduction (computed in accordance with Section 5.5(b)) shall be allocated among the Partners in each taxable year (or portion thereof) as provided herein below.

  • Allocation of Funds A. The Faculty Development Committee shall approve all applications for reassignment of duties that do not require additional funding and have been endorsed by the applicant’s Division. B. The Faculty Development Committee shall follow the guidelines established in consultation between the parties in deciding which applications for faculty development funding will be approved.

  • Distribution of Funds Deliver (i) to Seller, or order, the cash portion of the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein; and (ii) to Buyer, or order, any excess funds delivered to Escrow Agent by Buyer. Such funds shall be delivered by wire transfer or cashier’s check in accordance with instructions for Seller and Buyer; if no instructions are given, Escrow Agent shall deliver such funds by Escrow Agent’s check via overnight courier (or as otherwise requested by the intended recipient) to the appropriate party at the address set forth for notice in this Agreement.

  • Designation of Additional Amounts to Be Included in the Excess Spread Amount for the DiscoverSeries Notes At any time that any outstanding Series of certificates issued by the Master Trust provides that the Series Principal Collections allocated to such Series will be deposited into the Group Finance Charge Collections Reallocation Account for the Master Trust to the extent necessary for application to cover shortfalls for other Series issued by the Master Trust, an amount equal to (x) all Series Principal Collections allocated to such Series, multiplied by (y) a fraction, the numerator of which is the sum of the Nominal Liquidation Amounts for each outstanding Tranche of the DiscoverSeries Notes (including these notes) and the denominator of which is (i) the Aggregate Investor Interest for the Master Trust minus (ii) the sum of the Series Investor Interests for all such Series that provide that the Series Principal Collections allocated to such Series will be so deposited, is hereby designated to be included in the Excess Spread Amount and shall be treated as Series Finance Charge Amounts for the DiscoverSeries.

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

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