Class Certification Order Sample Clauses

Class Certification Order. A final order must be entered by the Court certifying Xxxxx XX as a non-opt out class action, or amending and re-certifying the Xxxxx I class, such that the Class is defined as stated in Section 1 of this Settlement Agreement. This condition shall be deemed to have failed upon the Court’s issuance of a Class Order denying certification of Xxxxx XX as a class action or denial of the motion to amend and re-certify the class in Xxxxx I to include the Class as defined in this Settlement Agreement, if applicable, or upon issuance of a Class Order certifying Xxxxx XX as a class action or amending and re-certifying a new class in Xxxxx I but whose membership is less inclusive than as described in this Settlement Agreement unless GM, the UAW and Class Counsel agree in writing to such alternative class description.
Sample 1Sample 2See All (6)
AutoNDA by SimpleDocs
Class Certification Order. The term “Class Certification Order” shall mean the final order entered by the Court as described in Section 28.A of this Settlement Agreement.
Sample 1Sample 2Sample 3See All (5)
Class Certification Order. The Court’s Order, dated September 15, 2015, granting the Settlement Class Representatives’ motion for certification of a Rule 23(b)(3) class and appointment of class representatives and class counsel.
Sample 1
Class Certification Order. An amended class certification order must be entered by the Court amending and re-certifying the Class consistent with the amended definition of the Class contained in Section 1 of the Settlement Agreement. This condition shall be deemed to have failed upon the Court’s issuance of an order denying a motion to amend the class certification order in such manner or upon issuance of an order amending the class certification order in a manner inconsistent with such amended definition unless Ford, the UAW and Class Counsel agree in writing to such alternative class description and the Settlement Agreement shall have been amended accordingly.
Sample 1
Class Certification Order. The Parties agree that, pending the hearing on the contemplated motion for preliminary approval of the Settlement Agreement and provisional Class certification order: (i) if American Freight has not already filed a responsive pleading, American Freight shall have an extension of time to answer or otherwise respond to the Complaint in the Action, and; (ii) the Parties shall not propound further discovery. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties agree they will meet and confer regarding when American Freight’s answer or other responsive pleading to the Complaint in the Action will be due, and a schedule for conducting discovery.
Sample 1
Class Certification Order. The Parties agree that, pending the hearing on the contemplated motion for preliminary approval of the Settlement Agreement and provisional Class certification order: (i) if Shutterfly has not already filed a responsive pleading, Shutterfly shall have an extension of time to answer or otherwise respond to the Complaint in the Action, and; (ii) the Parties shall not propound further discovery. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties agree they will meet and confer regarding when Xxxxxxxxxx’s answer or other responsive pleading to the Complaint in the Action will be due, and a schedule for conducting discovery.
Sample 1
Class Certification Order. The Parties agree that, pending the hearing on the contemplated motion for preliminary approval of the Settlement Agreement and provisional Class certification order: (i) if Xxxxxx has not already filed a responsive pleading, Xxxxxx shall have an extension of time to answer or otherwise respond to the First Amended Complaint in the Action, and; (ii) the Parties shall not propound further discovery. In the event the Court denies preliminary approval of the Settlement Agreement, the Parties agree they will meet and confer regarding next steps consistent with Section 4.2, infra.
Sample 1
AutoNDA by SimpleDocs
Class Certification Order. The term “Class Certification Order” shall mean the final order entered by the Court as described in Section 28.A of this Settlement Agreement. Class Counsel. The term “Class Counsel” shall mean the law firm of Stember, Feinstein, Xxxxx & Xxxxx, LLC, or its successor. Class Representatives. The term “Class Representatives” shall mean Xxxxx Xxxxxxxx, Xxxxxx Xxxxx, Xxxxx Xxxxx, Xxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxxx X. Xxxxxxxx, and Xxxxx Xxxxxxx. 3 Code. The term “Code” shall mean the Internal Revenue Code of 1986, as amended. COLA. The term “COLA” shall mean Cost of Living Allowance. Committee. The term “Committee” shall mean the governing body set forth in Section 4.A of this Settlement Agreement that acts on behalf of the EBA and serves as the named fiduciary and administrator of the New Plan, as those terms are defined in ERISA and that is so described in the Trust Agreement. Consolidated Net Tangible Automotive Assets. The term “Consolidated Net Tangible Automotive Assets” shall mean the sum of (i) the aggregate amount of Ford’s automotive assets (less applicable reserves and other properly deductible items) after deducting therefrom (x) all current liabilities and (y) all goodwill, trade names, trademarks, patents, unamortized debt discount and expense and other like intangibles, plus (ii) Ford’s equity in the net assets of its financial services Subsidiaries after deducting therefrom all goodwill, trade names, trademarks, patents, unamortized debt discount and expense and other like intangibles, in each case as set forth in the most recent financial statements of Ford and its consolidated Subsidiaries which have been prepared in conformity with generally accepted accounting principles. Convertible Note. The term “Convertible Note” shall mean the $3.334 billion aggregate principal amount of 5.75% Convertible Notes Due January 1, 2013 issued under that Indenture dated as of January 30, 2002 between Ford and The Bank of New York, as Trustee, and the Second Supplemental Indenture, dated as of January 1, 2008, between Ford and The Bank of New York, as Trustee, including all supplemental indentures thereto, substantially in the form attached as Exhibit B to this Settlement Agreement. Court. The term “Court” shall mean the United States District Court for the Eastern District of Michigan. Covered Group. The term “Covered Group” shall mean: (i) all Ford Active Employees who had attained seniority as of November 19, 2007, and who retire after November 19, 2007 un...
Sample 1
Class Certification Order or "Preliminary Approval Order" means an order, in the form annexed hereto as Exhibit C, preliminarily approving the Settlement of this Action and provisionally certifying the Class. The Parties agree that the proposed form of Preliminary Approval and Provisional Class Certification Order shall be submitted with Plaintiffs’ motion for Preliminary Approval of the Settlement and for Provisional Class Certification.
Sample 1

Related to Class Certification Order

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Instructions for Certification – First Tier Participants a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

  • Temporary Class Certificate of Registration Rate An employee holding a Temporary Class Certificate of Registration upon presenting proof of current General Class Certificate of Registration by the College of Nurses of Ontario shall be given the salary of the registered staff nurse as provided in this Article retroactive to the date of sitting the certification examination or the date of last hire, whichever is later.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!