Parties’ Representations and Warranties. The Parties, and each of them, represent and warrant: 5.2.1 That they are voluntarily entering into this Settlement Agreement as a result of arm’s-length negotiations among their counsel, that in agreeing to this Settlement Agreement they are relying solely upon their own judgment, belief, and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent, and duration of their rights and claims hereunder and regarding all matters that relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, or omissions pertaining to any of the foregoing matters by any Party or by any Person representing any Party to this Settlement Agreement. Each of the Parties assumes the risk of mistake as to facts or law; and 5.2.2 That they have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed the Settlement Agreement, and have freely agreed to the Settlement. The Parties and each of them further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, and all of the matters pertaining thereto, as he, she, or it deems necessary.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Parties’ Representations and Warranties. The Parties, and each of them, represent and warrant:
5.2.1 5.2.1. That they are voluntarily entering into this Settlement Agreement as a result of arm’s-arm’s length negotiations among their counsel, with the assistance and recommendation of the mediator, Judge Xxxxxx Xxxxxxxxx; that in agreeing to executing this Settlement Agreement they are relying solely upon their own judgment, belief, belief and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent, extent and duration of their rights and claims hereunder and regarding all matters that which relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, statements or omissions pertaining to any of the foregoing matters by any Party party or by any Person representing any Party party to this Settlement Agreement. Each of the Parties assumes the risk of mistake as to facts or law; and
5.2.2 5.2.2. That they have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed and this Settlement Agreement is signed freely by each Person executing this Settlement Agreement on behalf of each of the Settlement Agreement, and have freely agreed to the SettlementParties. The Parties Parties, and each of them them, further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, Agreement and all of the matters pertaining thereto, as he, she, or it deems necessary.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Parties’ Representations and Warranties. The Parties, and each of them, represent and warrant:
5.2.1 5.2.1. That they have conducted voluminous discovery; that they are voluntarily entering into this Settlement Agreement as a result of arm’s-arm’s length negotiations among their counsel, with the assistance of the Mediators; that in agreeing to executing this Settlement Agreement they are relying solely upon their own judgment, belief, belief and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent, extent and duration of their rights and claims hereunder and regarding all matters that which relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, statements or omissions pertaining to any of the foregoing matters by any Party party or by any Person representing any Party party to this Settlement Agreement, other than those expressly set forth in the Settlement Agreement. Each of the Parties assumes the risk of mistake as to facts or law; and
5.2.2 5.2.2. That they have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed and this Settlement Agreement is signed freely by each Person executing this Settlement Agreement on behalf of each of the Settlement Agreement, and have freely agreed to the SettlementParties. The Parties Parties, and each of them them, further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, Agreement and all of the matters pertaining thereto, as he, she, or it deems necessary.
Appears in 1 contract
Samples: Class Action Settlement Agreement (CMS Energy Corp)
Parties’ Representations and Warranties. The Parties, and each of them, represent and warrantwarrant as follows, and each Party acknowledges that each other Party is relying on these representations and warranties in entering into this Settlement Agreement:
5.2.1 5.1.1. That they Plaintiffs have conducted discovery and have diligently litigated this case pursuant to the Court’s orders;
5.1.2. That the Parties are voluntarily entering into this Settlement Agreement as a result of arm’s-length negotiations among their counsel, ; that in agreeing to executing this Settlement Agreement they are relying solely upon their own judgment, belief, belief and knowledge, and the advice and recommendations of their own independently independently-selected counsel, concerning the nature, extent, extent and duration of their rights and claims Claims hereunder and regarding all matters that which relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, or omissions pertaining to any of the foregoing matters by any Party or by any Person representing any Party to this Settlement Agreement. Each of the Parties Party assumes the risk of mistake as to facts or law; and.
5.2.2 5.1.3. That they the Parties have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed and this Settlement Agreement is signed freely by each Person executing this Settlement Agreement on behalf of each of the Settlement Agreement, and have freely agreed to the SettlementParties. The Parties Parties, and each of them them, further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, and all of the matters pertaining thereto, as he, she, or it deems necessary.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Parties’ Representations and Warranties. The Parties, and each of them, represent and warrant:
5.2.1 5.2.1. That they are voluntarily entering into this Settlement Agreement as a result of arm’s-length negotiations among their counsel, that in agreeing to this Settlement Agreement they are relying solely upon their own judgment, belief, and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent, and duration of their rights and claims hereunder and regarding all matters that relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, or omissions pertaining to any of the foregoing matters by any Party or by any Person representing any Party to this Settlement Agreement. Each of the Parties assumes the risk of mistake as to facts or law; and
5.2.2 5.2.2. That they have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed the Settlement Agreement, and have freely agreed to the Settlement. The Parties and each of them further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, and all of the matters pertaining thereto, as he, she, or it deems necessary; and
5.2.3. That the Action was filed by Plaintiffs and defended by the Released Parties in good faith, in accordance with Federal Rule of Civil Procedure 11.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Parties’ Representations and Warranties. The Parties, and each of them, represent and warrant:
5.2.1 5.2.1. That they are voluntarily entering into this Settlement Agreement as a result of arm’s-length negotiations among their counsel, that in agreeing to this Settlement Agreement they are relying solely upon their own judgment, belief, and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent, and duration of their rights and claims hereunder and regarding all matters that relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, or omissions pertaining to any of the foregoing matters by any Party or by any Person representing any Party to this Settlement Agreement. Each of the Parties assumes the risk of mistake as to facts or law; and
5.2.2 5.2.2. That they have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed the Settlement Agreement, and have freely agreed to the Settlement. The Parties and each of them further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, and all of the matters pertaining thereto, as he, she, or it deems necessary; and
5.2.3. That the Actions were filed by Plaintiffs and defended by the Released Parties in good faith, in accordance with Federal Rule of Civil Procedure 11.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Parties’ Representations and Warranties. The Parties, and each of them, represent and warrantwarrant as follows, and each Party acknowledges that each other Party is relying on these representations and warranties in entering into this Settlement Agreement:
5.2.1 9.1.1. That they Plaintiffs have conducted discovery and have diligently litigated this case pursuant to the Court’s orders;
9.1.2. That the Parties are voluntarily entering into this Settlement Agreement as a result of arm’s-length negotiations among their counsel, ; that in agreeing to executing this Settlement Agreement they are relying solely upon their own judgment, belief, belief and knowledge, and the advice and recommendations of their own independently independently-selected counsel, concerning the nature, extent, extent and duration of their rights and claims hereunder and regarding all matters that which relate in any way to the subject matter hereof; and that, except as expressly provided herein, they have not been influenced to any extent whatsoever in executing this Settlement Agreement by any representations, statements, or omissions pertaining to any of the foregoing matters by any Party or by any Person representing any Party to this Settlement Agreement. Each of the Parties Party assumes the risk of mistake as to facts or law; and.
5.2.2 9.1.3. That they the Parties have had the opportunity to carefully read the contents of this Settlement Agreement, have in fact carefully reviewed and this Settlement Agreement is signed freely by each Person executing this Settlement Agreement on behalf of each of the Settlement Agreement, and have freely agreed to the SettlementParties. The Parties Parties, and each of them them, further represent and warrant to each other that he, she, or it has made such investigation of the facts pertaining to the Settlement, this Settlement Agreement, and all of the matters pertaining thereto, as he, she, or it deems necessary.
Appears in 1 contract
Samples: Class Action Settlement Agreement