CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY Sample Clauses

CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceedings shall be certified or authorized 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 Courts. (2) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as class proceedings for settlement purposes 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. (3) The Parties agree that the certification or authorization 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. (4) The Settling Defendants retain all of their objections, arguments, and defences with respect to class certification or authorization, and reserve all rights to contest class certification or authorization, if the settlement set forth in this Settlement Agreement does not receive the Court’s approval, if the Courts’ approval is reversed or vacated on appeal, if this Settlement Agreement is terminated as provided herein, or if the settlement set forth in this Settlement Agreement otherwise fails to close. The Parties acknowledge that there has been no stipulation to any classes or certification or authorization of any classes for any purpose other than effectuating the settlement, and that if the settlement set forth in this Settlement Agreement does not receive the Courts’ final approval, if the Courts’ approval is reversed or vacated on appeal, if this Settlement Agreement is terminated as provided herein, or if the settlement set forth in this Settlement Agreement otherwise fails to close, this agreement as to certification or authorization of the Settlement Classes becomes null and void ab initio, and this Settlement Agreement or any other settlement-related statement may not be cited regarding certification or authorization of the Settlement Class, or in support of an argument for certifying or authorizing a class for any purpose related to the Proceedings.

CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceedings shall be certified or authorized 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 Courts, and such certification or authorization shall not be used or relied on as against the Defendants for any other purpose or in any other proceeding. (2) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as class proceedings for settlement purposes 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 Ontario Settlement Class, the Québec Settlement Class and the BC Settlement Class. (3) The Parties agree that the certification or authorization 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 OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceedings shall be certified or authorized 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 Courts. (2) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as class proceedings for settlement purposes 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. (3) The Parties agree that the certification or authorization 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 OR AUTHORIZATION FOR SETTLEMENT ONLY. ‌ (1) The Parties agree that the Proceedings shall be certified or authorized 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 Courts. (2) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as class proceedings 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 Class.

CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceedings shall be certified or authorized 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 Courts. (2) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as class proceedings for settlement purposes 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 Ontario Settlement Class, the Quebec Settlement Class and the BC Settlement Class. (3) The Parties agree that the certification or authorization 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 OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceedings shall be certified or authorized as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings in respect of the Settling Defendants and the approval of this Settlement Agreement by the Courts. (2) The Parties agree that 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 in the motions for certification or authorization of the relevant Proceedings and for the approval of this Settlement Agreement. (3) The Parties agree that the certification or authorization of the relevant 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 and other parties.

CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Ontario Actions and BC Action shall be certified as class proceedings as against the Named Settling Defendants solely for purposes of settlement and the approval of this Settlement Agreement by the Courts. (2) The Parties agree that the motion to approve the notice in the Quebec Action will provide for the modification of the authorized Common Issue and Settlement Class to reflect the definitions of Common Issue and Settlement Class for the Quebec Action in Schedule A. (3) The Plaintiffs agree that, in the motions for certification of the Ontario Actions and BC Action as a class proceeding for settlement purposes, for an order approving notice and modifying the authorized Common Issue and Settlement Class in the Quebec Action, 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 or authorization of the Proceedings as against the Named 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 OR AUTHORIZATION FOR SETTLEMENT ONLY. (1) The Parties agree that the Proceedings shall be certified or authorized 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 Courts. (2) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as a class proceeding for settlement purposes 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. (3) The Parties agree that the certification or authorization 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. (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 OR AUTHORIZATION FOR SETTLEMENT ONLY. ‌ (1) Class Counsel will apply to the Ontario Court to certify the Ontario Action 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 Courts. (2) Class Counsel will apply to the BC Court to certify the BC Action in an amended form as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Courts. (3) Class Counsel will apply to the Quebec Court to authorize the Quebec Action in an amended form as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Courts. (4) The Parties agree that 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 in the motions for certification or authorization of the relevant Proceedings and for the approval of this Settlement Agreement. (5) The Parties agree that the certification or authorization of the relevant 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 and other parties.

CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY. ‌ (1) The Parties agree that the Proceedings shall be certified or authorized as class proceedings as against the Named Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Courts. (2) The Plaintiffs agree that, in the motions for certification or authorization 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 or authorization of the Proceedings as against the Named 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.