Common use of CERTIFICATION OR AUTHORIZATION FOR SETTLEMENT ONLY Clause in Contracts

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.

Appears in 12 contracts

Samples: Settlement Agreement, Settlement Agreement, National Settlement Agreement

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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 Defendant 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 Defendant 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 Defendant retains all of their its objections, arguments, and defences with respect to jurisdiction, class certification or authorization, and reserve reserves all rights to contest jurisdiction, 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 relating to jurisdiction, or for certifying or authorizing a class for any purpose related to the Proceedings.

Appears in 2 contracts

Samples: Settlement Agreement, 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. (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 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 Classsettlement class, or in support of an argument for certifying or authorizing a class for any purpose related to the Proceedings.

Appears in 2 contracts

Samples: Settlement Agreement, 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. (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 Class or Settlement Classes and the Common Issue 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.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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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 Defendant 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 Defendant 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 Releasees who are named as 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.

Appears in 1 contract

Samples: 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. (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.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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