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 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.
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.
Class Certification Order. A final Class Certification Order must be entered by the Court certifying Xxxxxxxx II as a non-opt out class action, or amending and re-certifying the Xxxxxxxx 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 an order denying certification of Xxxxxxxx II as a class action or denial of the motion to amend and re-certify the class in Xxxxxxxx I to include the Class as defined in this Settlement Agreement, if applicable, or upon issuance of an order certifying Xxxxxxxx II as a class action or amending and re-certifying a new class in Xxxxxxxx I but whose membership is less inclusive than as described in this Settlement Agreement unless Ford, the UAW and Class Counsel agree in writing to such alternative class description. 32 B. Judgment/Approval Order. A Judgment must be entered by the Court in either Xxxxxxxx I or Xxxxxxxx II approving this Settlement Agreement in all respects and as to all parties, including Ford, the UAW, and the Class. The Judgment shall be acceptable in form and substance to Ford, the UAW and Class Counsel. This condition shall be deemed to have failed upon issuance of an order disapproving this Settlement Agreement, or upon the issuance of an order approving only a portion of this Settlement Agreement but disapproving other portions, unless Ford, the UAW and Class Counsel agree otherwise in writing. Such Approval Order shall, inter alia, contain the conditions set forth in this Settlement Agreement and direct the transfer of all the assets and liabilities of the Existing External VEBA into the New VEBA and the termination of the Existing External VEBA. C. Accounting Treatment Satisfactory to Ford. The discussions between Ford and the SEC regarding accounting treatment shall have been completed in a manner reasonably satisfactory to Ford as set forth in Section 21 of this Settlement Agreement.
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.
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.
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.
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.
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...
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.
