CLASS ACTION SETTLEMENT. Named Plaintiffs shall propose and recommend to the Court that the APSN Fee Class and the Retry Fee Class be certified for purposes of implementing the terms of the settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs Plaintiff shall propose and recommend to the Court that two settlement classes (the APSN APPSN Fee Class and the Retry NSF Fee Class Class) be certified for purposes of implementing the terms certified, which classes shall be comprised of the settlement provided for in this AgreementClass Members. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Samples: Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs Plaintiff shall propose and recommend to the Court that two settlement classes (the APSN APPSN Fee Class and the Retry NSF Fee Class Class) be certified for purposes of implementing the terms certified, which classes shall be comprised of the settlement provided for in this AgreementSettlement Class members. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs Plaintiff and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Samples: Settlement Agreement
CLASS ACTION SETTLEMENT. Named Plaintiffs shall propose and recommend to the Court that the APSN Fee Class and the Retry Fee Class settlement classes shall be certified for purposes of implementing the terms of the settlement provided for in this Agreement. Defendant agrees solely for purposes of the settlement provided for in this Agreement, and the implementation of such settlement, that this case shall proceed as a class action; provided, however, that if a non-appealable Final Approval Order is not issued, then Defendant shall retain all rights to object to maintaining this case as a class action. Named Plaintiffs and Class Counsel shall not reference this Agreement in support of any subsequent motion relating to certification of a liability class.
Appears in 1 contract
Samples: Settlement Agreement