CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS Sample Clauses

CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 5.1. Solely for the purpose of effectuating the Settlement set forth in this Agreement and subject to Court approval, the Parties stipulate that a Settlement Class shall be certified in accordance with the definition set forth in this Agreement, that the Class Representatives shall represent the Settlement Class for settlement purposes, and that Plaintiffs’ Counsel shall be appointed as counsel for the Settlement Class.
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Solely for the purposes of settlement, providing Class Notice and implementing this Agreement, the Settling Parties agree to conditional certification of the Settlement Class, as defined above, which shall be certified in the Xxxxx Case for settlement purposes only. Certification of the Settlement Class shall be subject to the provisions of Section III.P below.
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. For purposes of this proposed Settlement only, a class of plaintiffs (as defined herein and referred to as the “Class”) has been conditionally certified. This does not mean that Named Plaintiffs would be successful if the case went to trial, and this Class Notice and the proposed Settlement do not imply that Defendants are liable to Named Plaintiffs or to any member of the Class or that a class action would be certified in the absence of settlement. Furthermore, if this proposed Settlement is not finally approved or is withdrawn at any time, for reasons detailed in the Settlement Agreement, the conditional class certification will be vacated, and the Action will revert to its same status as before the Settlement Agreement was signed subject to the confirmation of the Chapter 11 Plan as described below.
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. The Parties acknowledge and agree that the Court has certified a class in this case and agree that the Settlement Class is identical to the class previously certified by the Court: all persons with disabilities or impairments that affect their mobility—including, for example, people who use wheelchairs or other mobility devices, as well as those who are blind or have low vision—and who use or will use pedestrian rights of way in the City of Philadelphia. The Parties further agree that the Settlement Class will be conditionally certified, in accordance with the terms of this Agreement, for the purposes of effectuating the settlement embodied in this Agreement.
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Xxxxxx Mae disputes that a class would be manageable and further denies that a litigation class properly could be certified on the claims asserted in the Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Xxxxxx Xxx does not oppose the certification for settlement purposes only of the Settlement Class. Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor would Xxxxxx Mae be precluded from challenging class certification in further proceedings in the Action or in any other action if the Amended Settlement is not finalized or finally approved, including the Najafi Action. If the Amended Settlement is not finally approved by the Court for any reason whatsoever, the certification of the Settlement Class will be void, and no doctrine of waiver, estoppel or preclusion will be asserted in any litigated certification proceedings in the Action. No agreements made by or entered into by Xxxxxx Xxx in connection with the Amended Settlement may be used by Plaintiffs, any person in the Settlement Class or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in the Action, the Najafi Action or any other judicial proceeding.
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure and for purposes of the settlement only, the Court hereby conditionally certifies this action as a class action on behalf of the following Settlement Class: All persons within the United States who received a text message from Life Time Fitness, Inc. to a cellular telephone through the use of an online texting service from January 1, 2014, through April 15, 2014.
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 3.1. EMC disputes that a class would be manageable and denies that the litigation properly could be certified on the claims asserted in the Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, EMC does not oppose the certification for settlement purposes only of the Settlement Class pursuant to Fed. R. Civ. P. 23(b)(3). Preliminary certification of the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor would EMC be precluded from challenging class certification in further proceedings in the Action or in any other action if the Settlement is not finalized or finally approved.
Sample 1
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CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS. 3.1 Solely for the purposes of the settlement and to avoid the expense and inconvenience of further litigation, the Uncertified Settling Defendants stipulate to certification of the Class as to the Uncertified Settling Defendants. Certification of the Class as to the Uncertified Settling Defendants for settlement purposes shall not be deemed a concession by the Uncertified Settling Defendants that certification of a litigation class would have been appropriate under any other circumstances, nor are the Uncertified Settling Defendants hereafter precluded from challenging class certification in this Action if the Settlement is not approved or finalized (such as if the settlement is voided for any reason). If the Settlement is not approved by the Court or is not finalized, the certification of the Class as to the Uncertified Settling Defendants will be void, and no doctrine of waiver, estoppel or preclusion will be asserted in any proceeding involving the Uncertified Settling Defendants. No agreements made by or entered into by the Uncertified Settling Defendants in connection with the Settlement may be used by Plaintiffs, any person in the Class, or any other person to establish any element of class certification in any litigated certification proceeding.
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Related to CONDITIONAL CERTIFICATION OF SETTLEMENT CLASS

  • Certification of Settlement Class Promptly after execution of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Xxxxx agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or the Effective Date (defined in paragraph 14 below) does not occur.

  • Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

  • 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.

  • Notice to Settlement Class Members 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • National Certification Any teacher covered by this agreement who is certified by the National Board for Professional Teaching Standards shall be reimbursed up to $2,000 for the costs upon completion of the program. No more than two

  • Withholding of Provisional Certificate 14.5.1 If the Independent Engineer determines that the Bus Terminal or any part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in commercial operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Concessionaire. Upon receipt of such a report from the Independent Engineer and after conducting its own inspection, if the Authority is of the opinion that the Bus Terminal is not fit and safe for commercial service, it shall, within 7 (seven) days of receiving the aforesaid report, notify the Concessionaire of the defects and deficiencies in the Bus Terminal and direct the Independent Engineer to withhold issuance of the Provisional Certificate. Upon receipt of such notice, the Concessionaire shall remedy and rectify such defects or deficiencies and thereupon Tests shall be undertaken in accordance with this Article 14. Such procedure shall be repeated as necessary until the defects or deficiencies are rectified.

  • Special Certification The individual or officer signing this agreement certifies by his or her signature that he or she is authorized to sign this agreement on behalf of the responsible governing board, official or Grantee.

  • Payments to Settlement Class Members (a) Defendant shall pay into the Escrow Account the amount of the Settlement Fund ($1,000,000.00), specified in Paragraph 1.33 of this Agreement, within sixty (60) days after Final Approval.

  • Provisional Certificate 14.3.1 The Independent Engineer may, at the request of the Concessionaire, issue a provisional certificate of completion substantially in the form set forth in Schedule-J (the "Provisional Certificate") if the Tests are successful and the Bus Terminal can be safely and reliably placed in commercial operation though certain works or things forming part thereof are outstanding and not yet complete. In such an event, the Provisional Certificate shall have appended thereto a list of outstanding items signed jointly by the Independent Engineer and the Concessionaire (the "Punch List"); provided that the Independent Engineer shall not withhold the Provisional Certificate for reason of any work remaining incomplete if the delay in completion thereof is attributable to the Authority.

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