Conditional Certification of the Class Sample Clauses

Conditional Certification of the Class. 18 Defendant hereby consents, solely for purposes of the settlement set forth in this Agreement, 19 to the conditional certification of the Class, to the conditional appointment of Class Counsel, and to 20 the conditional approval of the Class Representatives; provided, however, that if the settlement fails 21 to be approved or otherwise fails to be consummated for any reason whatsoever, including but not 22 limited to the Judgment not becoming final, then Defendant retains all rights and defenses 23 previously available to it, and any provisional certification of any class, or the adoption of any 24 procedure or any ruling made pursuant to the terms contained herein, shall be undone and the Parties 25 restored to their pre-settlement status as if no settlement had been reached and no decisions were 26 made pursuant to it, except as otherwise expressly provided herein. In that event, nothing in this 27 Agreement or other papers or proceedings related to the settlement shall be used as evidence or 28 argument by any party, including any Class Members who opt out, concerning whether or not the 1 Action may properly be maintained as a class action pursuant to California state law.
Sample 1
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Conditional Certification of the Class. For the sole purpose of settlement, the Parties and their counsel agree to move for conditional certification of the Class. Conditional certification of the Class shall not be deemed a concession that certification of any litigation class is proper, and it will not preclude MOE from challenging class certification in the event the Court does not approve the Settlement. No agreements made or entered into by MOE in connection with this Settlement may be used by Plaintiffs, any person in the Class, or any other person to establish any liability or any element of class certification in this Action or any other proceedings.
Sample 1
Conditional Certification of the Class. For purposes of settlement only, and pursuant to Fed. R. Civ. P. 23(a) and (b)(3), 11 this Action is conditionally certified as a class action on behalf of the following persons (the
Sample 1
Conditional Certification of the Class. For purposes of settlement only, and pursuant to Fed. R. Civ. P. 23(a) and (b)(3), 10 this Action is conditionally certified as a class action on behalf of the following persons (the 11 “Settlement Class” or the “Class”): 12 All persons or entities who purchased or otherwise acquired the common stock 17 Xxxxxxx, Xxxxxx Xxxxxxxx Xxxxx, Xxxx Xxxxx, Xxxxxx X. Xxxxx, Xxxxxxx X. 18 Xxxxx, Xxxxxxx Xxxxxxx, Xxx Xxxxxx, Xxxxxxxx Xxxxxxxxx, Xxxx Xxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxx Xxxxxxxx, Xxxxx Xxxxx, Xxxxxxxx 19 Xxxxxxxx, Xxxxxx Xxx, Xxxxx Xxx, Xxx Xxxxx, Xxx Xxxx, and Xxxxxxx Xxxxx xxx Xxxx; former Defendants Xxxxxxx and Xxxxx and their immediate family 20 members; Xxxxxxx’x affiliates and the other members of his investor group who acquired roughly 70% of XxxxXxxx xxxxx as announced by XxxxXxxx: Xxxxx 21 Xxxxxx (“Xxxxxx”), Anthion Partners II LLC, Xxxxx Xxxxxxx (“Xxxxxxx”); and 22 those individuals who otherwise acquired KaloBios stock and/or were appointed as KaloBios officers and directors in conjunction with Xxxxxxx’x takeover of the 23 company, including Moradi, Xxxxxxx, Xxxx Xxxxx, Xxx Xxxxxxxxx, and Xxxxxxx Xxxxxxxx
Sample 1
Conditional Certification of the Class. For the purposes of this Settlement and the proceedings contemplated herein only, the Parties stipulate and agree that the Class shall be conditionally certified in accordance with the definition contained in Section 1.7, that Plaintiffs shall be conditionally appointed Class Representatives for the Class, and that Plaintiff’s’ Counsel shall be conditionally appointed as counsel for the Class.
Sample 1

Related to Conditional Certification of the Class

  • Institutional Certification Certification by the Submitting Institution that delineates, among other items, the appropriate research uses of the data and the uses that are specifically excluded by the relevant informed consent documents. Further information may be found here.

  • Additional Certifications Any certificate signed by any director or officer of the Corporation and delivered to an Agent or to counsel for such Agent in connection with an offering of Notes or the sale of Notes to an Agent as principal shall be deemed a representation and warranty by the Corporation to such Agent as to the matters covered thereby on the date of such certificate and at each Representation Date subsequent thereto.

  • 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.

  • Provisional Certificate 12.2.1 Subject to the provisions of Clause 12.2.5, upon completion of all Works forming part of the Project Highway, save and except the Works for which Time Extension has been granted under Clause 10.5, the Authority’s Engineer shall, at the request of the Contractor, issue a provisional certificate of completion substantially in the form set forth in Schedule-L (the “Provisional Certificate”) if the Tests for and in respect of the completed Works are successful. The Provisional Certificate shall have appended thereto a list of outstanding items of work (the “Punch List”) that need to be completed in accordance with the provisions of this Agreement. The Contractor undertakes to complete the minor outstanding items of works in respect of those Sections of the Project Highway for which the Provisional Certificate has been issued, within a period of 30 (thirty) days of the date of Provisional Certificate, and those parts of the Works in respect of which Time Extension has been granted, within the extended period thereof. For the avoidance of doubt, the Parties agree that the Punch List shall include all Works for which Time Extension has been granted and shall also include any minor outstanding items of work forming part of the completed Sections if such works do not materially affect the use of the completed Sections for their intended purpose. The Parties further agree that Provisional Certificate shall not be issued if the completed Works cannot be safely and reliably placed in service of the Users thereof. 12.2.2 Upon issue of Provisional Certificate, the provisions of Articles 14 and 17 shall apply to the completed parts of the Project Highway and the property and ownership of all such completed Works shall vest in the Authority. 12.2.3 If the Authority’s Engineer determines that the Project Highway or any completed part thereof does not conform to the provisions of this Agreement and cannot be safely and reliably placed in operation, it shall forthwith make a report in this behalf and send copies thereof to the Authority and the Contractor and withhold issuance of the Provisional Certificate until the Defects or deficiencies are rectified by the Contractor and Tests are successful in accordance with this Article 12. 12.2.4 Notwithstanding anything to the contrary contained in Clause 12.2.3, the Authority may, at any time after receiving a report from the Authority’s Engineer under that Xxxxxx, direct the Authority’s Engineer to issue a Provisional Certificate under Clause 12.2.1 and such direction shall be complied forthwith. 12.2.5 No Provisional Certificate shall be issued under the provisions of this Clause 12.2 until the Contractor has submitted valid claims for payment of at least 80% (eighty per cent) of the amount arrived at after reducing the lump sum price specified in Clause 19.1.1 by the amount attributable to works which have been withdrawn under the provisions of Clause 8.3.3. For the avoidance of doubt and by way of illustration, the Parties agree that if the Contract Price specified in Clause 19.1.1 is Rs. 105 cr. (Rs. one hundred and five crore) and the works withdrawn under Clause 8.3.3 have a value of Rs. 5 cr. (Rs. five crore), a Provisional Certificate shall not be issued until valid claims for payment of an amount of Rs. 80 cr. (Rs. eighty crore) have been submitted by the Contractor in accordance with the provisions of this Agreement. It is further agreed that all price adjustments made in pursuance of Clause 19.10 shall not be reckoned for computation of the claims for payments referred to in this Clause 12.2.5.

  • Professional Certification The Superintendent shall at all times during the term of this Contract, and any renewal or extension thereof, hold and maintain a valid certificate required of a superintendent by the State of Texas and issued by the State Board for Educator Certification or the Texas Education Agency and any other certificates required by law.

  • Additional Certificates The Company shall have furnished to the Agents such certificate or certificates, in addition to those specifically mentioned herein, as the Agents may have reasonably requested as to the accuracy and completeness at each Representation Date of any statement in the Registration Statement or the Prospectuses or any documents filed under the Exchange Act and Canadian Securities Laws and deemed to be incorporated by reference into the Prospectuses, as to the accuracy at such Representation Date of the representations and warranties of the Company herein, as to the performance by the Company of its obligations hereunder, or as to the fulfillment of the conditions concurrent and precedent to the obligations hereunder of the Agents.

  • Medical Certification (1) The University may require an employee to provide medical certification from a health care provider for FMLA leave without pay when taken for the serious health condition of the employee or the employee's family member. (2) Medical certification may be required to affirm the employee's ability to return to work and perform one or more of the essential functions of the job within the meaning of the Americans with Disabilities Act (ADA), after being absent on FMLA leave.

  • Class Certification Solely for the purposes of this Settlement, the Parties stipulate and agree to certification of the claims asserted on behalf of Class Members. As such, the Parties stipulate and agree that in order for this Settlement to occur, the Court must certify the Class as defined in this Agreement.

  • Authorization of the Certificates Concurrently with the sale of the Transferred Assets to the Issuer pursuant to the Sale and Servicing Agreement, at the direction of the Depositor, (a) one or more Book-Entry Certificates shall be executed by the Owner Trustee on behalf of the Issuer and authenticated and delivered by the Certificate Registrar in the name of Cede & Co. or (b) one or more Definitive Certificates shall be executed by the Owner Trustee on behalf of the Issuer and authenticated and delivered by the Certificate Registrar to or upon the written order of the Depositor. The Certificates shall in the aggregate represent 100% of the Percentage Interest in the Issuer and shall be fully paid and nonassessable. The signature of the Owner Trustee on behalf of the Issuer on the Certificates may be manual or facsimile.

  • Medical Certificate 🞏 Absent from Work (first date of absence) 🞏 Not absent from work but requires accommodations (Employee Name) The information supplied will be used in a confidential manner and may assist in creating a return to work plan. I hereby consent to the completion of this form by: (Treating Medical Practitioner’s Name) (Signature of Employee) (Date)

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