Common use of Stipulation to Class Certification Clause in Contracts

Stipulation to Class Certification. 22. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class defined in Paragraph 19 shall be certified for settlement purposes as to Lafarge. The Settling Parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. Lafarge expressly reserves its rights to oppose class certification should this Settlement not be granted Final Approval. 23. Neither this Settlement Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution or implementation of this Settlement Agreement, should be intended to be, construed as, or deemed to be evidence of an admission or concession by Lafarge that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Stipulation to Class Certification. 2221. The Settling Parties parties to this Settlement Agreement hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class defined in Paragraph 19 Paragraphs 14 through 16 shall be certified for settlement purposes as to LafargeUSG. The Settling Parties parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. Lafarge USG expressly reserves its rights to oppose class certification should this Settlement not be granted Final Approval. 2322. Neither this Settlement Agreement, nor any statement, transaction, transaction or proceeding in connection with the negotiation, execution or implementation of this Settlement Agreement, Agreement should be intended to be, construed as, or deemed to be evidence of an admission or concession by Lafarge USG that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.

Appears in 1 contract

Samples: Settlement Agreement (Usg Corp)

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Stipulation to Class Certification. 2215. The Settling Parties hereby stipulate for purposes of this Settlement only that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) are satisfied and, subject to Court approval, the Settlement Class defined in Paragraph 19 12 shall be certified for settlement purposes as to LafargeSettling Defendants. The Settling Parties stipulate and agree to the conditional certification of the Settlement Class for purposes of this Settlement only. Should, for whatever reason, the Settlement not receive Final Approval, the parties’ stipulation to class certification as part of the Settlement shall become null and void. Lafarge Settling Defendants expressly reserves its reserve their rights to oppose class certification should this Settlement not be granted Final Approval. 2316. Neither this Settlement Agreement, nor any statement, transaction, or proceeding in connection with the negotiation, execution execution, or implementation of this Settlement Agreement, should be intended to be, construed as, as or deemed to be evidence of an admission or concession by Lafarge Settling Defendants that a class should be or should have been certified for any purposes other than settlement, and none of them shall be admissible in evidence for any such purpose in any proceeding.

Appears in 1 contract

Samples: Settlement Agreement

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