Settlement Class Defined Sample Clauses

Settlement Class Defined. 12 6.1. Without admitting that a class otherwise exists and without any 13 concession that the requirements of Rule 23 or any other applicable law are satisfied, 14 the Settling Parties agree to certification of a class action strictly for purposes of this 15 Settlement pursuant to Rule 23(e). In this respect, solely for purposes of the 16 Settlement, the Parties agree that the Settlement Class is defined as: 17 All persons who purchased Sports Research Garcinia Cambogia labeled 18 “weight management,” “appetite suppression,” and/or “appetite 19 control” (the “Product”) in the United States on or after April 26, 2015 20 and until [the date preliminary approval is granted] for personal or 21 household use and not for resale, and who did not receive a refund or 22 return the Product. 23 The Settlement Class specifically excludes Defendant’s current and former 24 officers and directors, members of the immediate families of Defendant’s officers 25 and directors, Defendant’s legal representatives, heirs, successors, and assigns, any 26 entity in which Defendant has or had a controlling interest during the Class Period, 27 and the judicial officers to whom this lawsuit is assigned. 28 / / /
Sample 1
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Settlement Class Defined. Solely for the purposes of this settlement, the Parties agree to Fed. R. Civ. P. 23 class action treatment with respect all claims raised in the Lawsuit. The Settlement Class is defined as all individuals who have worked in the position of SERVER, including head wait, at any of Defendants’ restaurants in Massachusetts at any time from January 18, 2005, up to the date of final Court approval of the settlement.
Sample 1
Settlement Class Defined. Without admitting that a class otherwise exists and without any concession that the requirements of Section 382 of the California Code of Civil Procedure or any other applicable law are satisfied, the Parties agree to certification of a class action strictly for purposes of this Agreement. In this respect, solely for purposes of this Agreement, the Parties agree that the Settlement Class is defined as: All tenants who terminated the lease of their residential unit at any of the Subject Properties and moved out of their residential units from September 23, 2015 through December 31, 2020, and who had charges deducted from their security deposit and/or were invoiced for charges as part of the move-out process other than for rent or utilities, but including utility portal charges. The Parties are agreeing to class certification for settlement purposes only. This Agreement shall not constitute, in this or any other proceeding, an admission of any kind by Defendants, including without limitation, that Defendants committed any violation of statute or other wrongdoing, that Defendants are liable to Named Plaintiffs or to any other Class Members, that certification of a class for trial or any other purpose is appropriate or proper or that Named Plaintiffs or any Class Member can establish any of the requisite elements for class treatment of any of the claims in this Action. If, for any reason, the Settlement is not finally approved, this Agreement will be void and the Parties will be restored to their respective positions in the lawsuit as if they had not entered into this Agreement. The Parties further agree that this Agreement or any documents or orders issued related to this Settlement will not be admissible, other than according to the Settlement’s terms, in this or any other proceeding as evidence that either: (i) a class action should be certified, or (ii) Defendants are liable to Named Plaintiffs or any Class Member.
Sample 1
Settlement Class Defined. 2.1 Notwithstanding the prior order of the Court certifying the Class and two Subclasses, and Defendants’ right to petition for decertification, the Parties agree to certification of the Action strictly for purposes of this Agreement as set forth below. In this respect, solely for purposes of this Agreement, the Parties agree that the Settlement Class is defined as: All former tenants of Defendants who moved out during the Class Period from whom Defendants withheld more than $125.00 of their security deposits other than for Unpaid Rent and Utilities. The following are excluded from the Settlement Class: i. Any persons who were evicted; ii. Any persons who have previously settled their claims with Defendants; iii. The Judge assigned to this case and his staff; iv. Defendants and their affiliates; v. any person employed by any Defendants during the Class Period; and vi. minors and other persons not party to a lease with Defendants. To the extent that Defendants made withholdings other than for Unpaid Rent or Utilities, the former tenant will be included in the Settlement Class only to the extent that (a) after deducting the Unpaid Rent and Utilities, the remaining deposit with respect to the Household was equal to or greater than $125.00; and (b) Defendants withheld or deducted more than $125.00, excluding any deductions for Unpaid Rent and Utilities. 2.2 If there is a question raised as to whether a person is a Class Member within the above definition, the Administrator shall promptly contact Class Counsel and Defense Counsel, who in turn shall conduct a reasonable search of available records to attempt to resolve the question. 2.3 Defendants’ agreement to certification of the Settlement Class is conditioned upon the Court’s entry of a Final Approval Order and passage of the Effective Date. Defendants shall retain the right to oppose the certification of any class for purposes of further litigation, including trial, in the Actions in the event the Court does not approve this Agreement, or the Effective Date does not pass for any reason, without limitation.
Sample 1
Settlement Class Defined. The certified settling class (“Class”) is defined as follows (members of the Class are sometimes referred to in this Notice as “Class Members”): The Class is comprised of all persons who, between November 27, 1996 and December 31, 2004 were employed in California as claims adjusters by Allstate. As used in the Class definition, the term “claims adjuster” refers to any individual whose assigned duties as an employee of Allstate included, but were not limited to, the adjustment and/or investigation and/or analysis and/or evaluation of the monetary worth of any claim made to Allstate for any bodily injury, property damage, and/or monetary damage of every nature and type and who have been or currently are paid as exempt employees as the same are defined pursuant to statute and/or California or federal regulatory determination. As of the date of the settlement, Allstate has represented that the job titles which comprise the Class Members who work at Allstate claims offices in California are as follows: Claim Representative Claim Adjuster Claim Service Adjuster Senior Claim Representative Senior Claim Adjuster Senior Claim Service Adjuster Staff Claim Representative Staff Claim Adjuster Staff Claim Service Adjuster Senior Staff Claim Representative Staff Claim Analyst SIU Adjuster Subrogation Adjuster Appraisers Claims Specialist Claims Consultant Evaluation Consultant Damage Evaluator
Sample 1

Related to Settlement Class Defined

  • Settlement Class Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

  • 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.

  • Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures (a) The Statement for each series of MuniPreferred will provide that the Applicable Rate for such series for each Subsequent Rate Period thereof shall, except under certain conditions, be the rate per annum that a bank or trust company appointed by the Fund advises results from implementation of the Auction Procedures for such series. The Board of Directors or Board of Trustees, as the case may be, of the Fund has adopted a resolution appointing the Auction Agent as auction agent for purposes of the Auction Procedures for each series of MuniPreferred. The Auction Agent accepts such appointment and agrees to follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of determining the Applicable Rate for each series of MuniPreferred for each Subsequent Rate Period thereof for which the Applicable Rate is to be determined by an Auction. Each periodic implementation of such procedures is hereinafter referred to as an "Auction." (b) All of the provisions contained in the Auction Procedures and the Settlement Procedures are incorporated herein by reference in their entirety and shall be deemed to be a part hereof to the same extent as if such provisions were fully set forth herein.

  • Payments from the Gross Settlement Amount Within 14 days after Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment and the Class Representative Service Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via First Class U.S. Mail, postage prepaid. The face of each check shall prominently state the date (not less than 180 days after the date of mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the National Change of Address Database. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are retuned undelivered without USPS forwarding address. Within 7 days of receiving a returned check the Administrator must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced, requested by the Class Member prior to the void date. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller's Unclaimed Property Fund in the name of the Class Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure Section 384, subd. (b). 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Agreement.

  • Tax Definitions The following terms, as used herein, have the following meanings:

  • 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.

  • Unallowable Costs Defined All costs (as defined in the Federal Acquisition Regulation, 48 C.F.R. § 31.205-47; and in Titles XVIII and XIX of the Social Xxxxxxxx Xxx, 00 X.X.X. §§ 0000-0000xxx-0 and 1396-1396w-5; and the regulations and official program directives promulgated thereunder) incurred by or on behalf of Pfizer, its present or former officers, directors, employees, shareholders, and agents in connection with: (1) the matters covered by this Agreement; (2) the United States’ audit(s), and any civil or criminal investigations of the matters covered by this Agreement; (3) Pfizer’s investigation, defense, and corrective actions undertaken in response to the United States’ audit(s) and any civil or criminal investigation(s) in connection with the matters covered by this Agreement (including attorney’s fees); (4) the negotiation and performance of this Agreement; (5) the payment Pfizer makes to the United States pursuant to this Agreement; and (6) the negotiation of, and obligations undertaken pursuant to the CIA to: (i) retain an independent review organization to perform annual reviews as described in Section III of the CIA; and (ii) prepare and submit reports to the OIG-HHS, are unallowable costs for government contracting purposes and under the Medicare Program, Medicaid Program, TRICARE Program, and Federal Employees Health Benefits Program (“FEHBP”) (hereinafter referred to as Unallowable Costs). However, nothing in paragraph 8.a.(6) that may apply to the obligations undertaken pursuant to the CIA affects the status of costs that are not allowable based on any other authority applicable to Pfizer.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Standard Definitions As used herein with respect to Designated Preferred Stock:

  • Interpretation; Definitions Unless the context shall otherwise require: words in the singular shall also include the plural, and vice versa; any pronoun shall include the corresponding masculine, feminine and neuter forms; the words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; the words “herein”, “hereof” and “hereunder” and words of similar import refer to this Agreement in its entirety and not to any part hereof; all references herein to Sections or clauses shall be deemed references to Sections or clauses of this Agreement; any references to any agreement or other instrument or law, statute or regulation are to it as amended, supplemented or restated, from time to time (and, in the case of any law, to any successor provisions or re-enactment or modification thereof being in force at the time); any reference to “law” shall include any supranational, national, federal, state, local, or foreign statute or law and all rules and regulations promulgated thereunder; any reference to a “day” or a number of “days” (without any explicit reference otherwise, such as to business days) shall be interpreted as a reference to a calendar day or number of calendar days; reference to month or year means according to the Gregorian calendar; reference to a “

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