Date of Execution (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Signature of Authorized Signatory: Name of Authorized Signatory: Xxxxxx Xxxxxxxx Camp Xxxxxxxx Xxxxxxxx Xxxxxxxx XX Class Counsel Signature of Authorized Signatory: Name of Authorized Signatory: Xxxxxxx X. Xxxxxx Siskinds LLP Ontario Class Counsel Signature of Authorized Signatory: Name of Authorized Signatory: Xxxx Xxxxxxxxx Consumer Law Group Inc. Quebec Class Counsel Signature of Authorized Signatory: Name of Authorized Signatory: Xxxx Xxxxxxxx XxXxxxxx LLP Counsel for the Settling Defendants SCHEDULE “A” PROCEEDINGS Supreme Court of British Columbia (Vancouver Registry) (Court File No. S- 106462) (the “BC Action”) Xxxx Xxxxxxx Sony Corporation, Sony Optiarc, Inc., Sony Optiarc America Inc., Sony Of Canada Ltd., Sony Electronics, Inc., NEC Corporation, NEC Canada Inc., Toshiba Corporation, Toshiba Samsung Storage Technology Corporation, Toshiba Samsung Storage Technology Korea Corporation, Toshiba of Canada Ltd., Toshiba America Information Systems, Inc., Samsung Electronics Co., Ltd., Samsung Electronics Canada Inc., Samsung Electronics America, Inc., Hitachi-LG Data Storage, Inc., Hitachi- LG Data Storage Korea, Inc., Hitachi Ltd., LG Electronics, Inc., LG Electronics Canada, LG Electronics USA, Inc., TEAC Corporation, TEAC America, Inc., TEAC Canada, Ltd., Koninlijke Philips Electronics N.V., Lite-On It Corporation of Taiwan, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions USA, Inc., Philips Electronics Ltd., Quanta Storage, Inc., Quanta Storage America, Inc., Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., BenQ Corporation, BenQ America Corporation, BenQ Canada Corp., Pioneer Corporation, Pioneer North America, Inc., Pioneer Electronics (USA) Inc., Pioneer High Fidelity Taiwan Co., Ltd. and Pioneer Electronics of Canada Inc. All Persons resident in British Columbia who purchased an ODD and/or an ODD Product during the Class Period, except Excluded Persons. (the “BC Settlement Class”) Ontario Superior Court of Justice (London) (1501/10CP) (the “Ontario Action”) The Fanshawe College of Applied Arts And Technology Sony Optiarc, Inc., Sony Optiarc America Inc., Sony Corporation, Sony of Canada Ltd., Sony Electronics, Inc., NEC Corporation, NEC Canada, Inc., Toshiba Samsung Storage Technology Corp, Toshiba Corp., Toshiba Samsung Storage Technology Corp. Korea, Toshiba of Canada Ltd., Toshiba All Persons in Canada who purchased an ODD and/or an ODD Product during the Class Period, except the Excluded Persons and Persons who are included in the Quebec Proceeding Plaintiffs Defendants Settlement Class America Information Systems, Inc., Samsung Electronics Co., Samsung Electronics Canada Inc., Samsung Electronics America, Inc., Hitachi-LG Data Storage Inc., Hitachi-LG Data Storage Korea, Inc., Hitachi Ltd., LG Electronics Inc., LG Electronics Canada, LG Electronics USA, Inc., TEAC Corporation, TEAC America, Inc., TEAC Canada, Ltd., Koninklijke Philips Electronics N.V., BenQ Corporation, BenQ America Corporation, BenQ Canada Corp., Lite- On It Corporation, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions USA, Inc., Philips Electronics Ltd., Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada, Inc., Quanta Storage, Inc., and Quanta Storage America, Inc., Pioneer Corporation, Pioneer High Fidelity Taiwan Co., Ltd., Pioneer North America, Inc., Pioneer Electronics (USA) Inc., and Pioneer Electronics of Canada, Inc. Settlement Class and the BC Settlement Class. (the “Ontario Settlement Class”) Superior Court of Québec (Québec) (File No. 500-06- 000504-106) (the “Quebec Action”) Xxxxxx Xxxxxxxx Sony Corporation, Sony of Canada Ltd., Sony Corporation of America, Sony Optiarc, Inc., Sony Optiarc America Inc., Sony NEC Optiarc, Inc., Toshiba Corporation, Toshiba America Consumer Products, LLC, Toshiba of Canada Limited, Samsung Electronics Company, Ltd., Samsung Electronics America Inc., Samsung Electronics Canada Inc., Toshiba Samsung Storage Technology Corporation, Hitachi, Ltd., Hitachi Canada, Ltd., Hitachi America Ltd., LG Electronics, Inc., LG Electronics Canada, LG Electronics USA, Inc., Hitachi-LG Data Storage, Inc., Koninklijke Philips Electronics N.V., Philips Electronics North America Corporation, Philips Canada Ltd., Lite- On It Corporation, Philips & Lite-On Digital Solution Corporation, Philips & Lite-On Digital Solutions USA, Inc., All Persons in Quebec who purchased an ODD and/or an ODD Product during the Class Period, except the Excluded Persons. (the “Quebec Settlement Class”) Proceeding Plaintiffs Defendants Settlement Class NEC Corporation, NEC Electronics America, Inc., TEAC Corporation, TEAC America, Inc., TEAC Canada Ltd. Between: and: Plaintiff Defendants BROUGHT UNDER THE CLASS PROCEEDINGS ACT, R.S.B.C. 1996, c. 50 BEFORE ) ) ) ) THE HONOURABLE XX. XXXXXXX MASUHARA ) ) ) ) dd/mm/yyyy ) ) ) ) ON THE APPLICATION of the plaintiff coming on for hearing at the Courthouse, 000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX, on [dd/mmm/yyyy] and on hearing [counsel appearing]; and on reading the materials filed, including the Settlement Agreement; and on the consent of the Settling Defendants; and the Non-Settling Defendants taking no position; 1. Except to the extent they are modified by this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order.
Valid Execution This Agreement has been duly executed and delivered by the Company.
Facsimile Execution To evidence the fact that it has executed this Agreement, a Party may send a copy of its executed counterpart to the other Party by facsimile transmission. That Party shall be deemed to have executed this Agreement on the date it sent such facsimile transmission. In such event, such Party shall forthwith deliver to the other Party the counterpart of this Agreement executed by such Party.
Electronic Execution The words “delivery”, “execute,” “execution,” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement and the transactions contemplated hereby (including without limitation Assignment and Assumptions, amendments or other modifications, Conversion/Continuation Notices, Borrowing Notices, waivers and consents) (each, a “Communication”) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Administrative Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act. For the avoidance of doubt, the authorization under this Section 14.02 may include, without limitation, use or acceptance by the Borrower, the Administrative Agent and each of the Lenders of a manually signed paper Communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention. The Borrower, the Administrative Agent and each of the Lenders may, at its option, create one or more copies of any Communication in the form of an imaged Electronic Record (“Electronic Copy”), which shall be deemed created in the ordinary course of such Person’s business, and destroy the original paper document. Notwithstanding anything contained herein to the contrary, the Administrative Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Administrative Agent pursuant to procedures approved by it; provided, without limiting the foregoing, (a) to the extent the Administrative Agent has agreed to accept such Electronic Signature, the Administrative Agent and each of the Lenders shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of the Borrower without further verification and (b) upon the reasonable request of the Administrative Agent or any Lender, any Electronic Signature shall be promptly followed by such manually executed counterpart. For purposes hereof, “Electronic Record” and “Electronic Signature” shall have the meanings assigned to them, respectively, by 15 USC §7006, as it may be amended from time to time.
Execution, Delivery; Valid and Binding Agreement The execution, delivery and performance of this Agreement by Buyer and the consummation of the transactions contemplated hereby have been duly and validly authorized by all requisite corporate action, and no other corporate proceedings on its part are necessary to authorize the execution, delivery or performance of this Agreement. This Agreement has been duly executed and delivered by Buyer and constitutes the valid and binding obligation of Buyer, enforceable in accordance with its terms.
Authorization, Execution and Delivery of this Agreement This Agreement has been duly authorized, executed and delivered by each of the Partnership Parties.
Electronic Execution of Assignments The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.
Electronic Execution and Delivery A digital reproduction, portable document format (“.pdf”) or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by electronic signature (including signature via DocuSign or similar services), electronic mail or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes.
PLACE OF EXECUTION The execution of this Agreement shall be complete only upon its execution by the Promoter through its authorized signatory at the Promoter's Office, or at some other place, which may be mutually agreed between the Promoter and the Allottee, in after the Agreement is duly executed by the Allottee and the Promoter or simultaneously with the execution the said Agreement shall be registered at the office of the Sub-Registrar. Hence this Agreement shall be deemed to have been executed at .
Executed Agreement The Offerors shall have received from the Placement Agents an executed copy of this Agreement.
