Stipulation to Settlement Class Sample Clauses

Stipulation to Settlement Class. Solely for purposes of implementing the Settlement, and for no other purpose whatsoever, SunPower will stipulate to and not oppose the certification of the Settlement Class. SunPower denies that class certification would be warranted or appropriate absent the Settlement, and its stipulation to the certification of the Settlement Class is without prejudice to any arguments and defenses that SunPower could otherwise assert with respect to class certification in any other context. This paragraph shall have no effect on any other matter apart from this Litigation. In the event the Court does not either preliminarily or finally approve this Settlement Agreement, or if the Settlement or this Agreement is terminated, cancelled, or fails to become effective for any reason whatsoever, this stipulation shall be null and void and the Parties shall revert to their respective positions immediately prior to the execution of this Agreement, and SunPower reserves the right to assert all available defenses in this or any other litigation/proceeding, including any defenses to class certification and the merits of the claims. Under no circumstance may the Settlement or this Agreement be used as an admission or as evidence concerning the appropriateness of class certification (or any of the claims) in this Litigation or any other action, proceeding, matter, or arbitration against SunPower, including without limitation any action, proceeding, matter, or arbitration brought by any third-party.
Sample 1
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Stipulation to Settlement Class. Solely for purposes of the Settlement and for no other purpose, each of the Parties stipulates and agrees that the Action shall proceed as a class action under Rule 23 of the Federal Rules of Civil Procedure. Plaintiffs shall seek, and Xxxxxxx will not oppose, certification of a class, referred to herein as the “Settlement Class,” pursuant to Rule 23(b)(3), for settlement purposes only, which consists of any individual and/or entity and their assignees who are citizens of the United States, who lent money to Diversified, Sonoqui or any of the ALT Money Investments, and in exchange received a promissory note and/or membership interests issued by Diversified, Sonoqui, or any of the ALT Money Investments indicating that the money would thereafter be loaned to CAG. For the avoidance of doubt, the Settlement Class includes all known and unknown Interpleader Defendants, with the exception of Diversified and Sonoqui, who have or could have asserted a claim to the proposed stake in the Interpleader Action. In addition to those individuals and/or entities excluding from the this Class Definition alleged in the Amended Complaint, the Settlement Class excludes any individual or entity that files a timely Opt-Out.
Sample 1

Related to Stipulation to Settlement Class

  • Notice to Settlement Class Members 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class.

  • Payments to Settlement Class Members (a) Defendant shall pay into the Escrow Account the amount of the Settlement Fund ($1,000,000.00), specified in Paragraph 1.33 of this Agreement, within sixty (60) days after Final Approval.

  • Certification of Settlement Class Promptly after execution of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Xxxxx agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or the Effective Date (defined in paragraph 14 below) does not occur.

  • Settlement Class 2. 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.

  • Rollovers of Exxon Xxxxxx Settlement Payments If you receive a qualified settlement payment from Exxon Xxxxxx litigation, you may roll over the amount of the settlement, up to $100,000, reduced by the amount of any qualified Exxon Xxxxxx settlement income previously contributed to a Traditional or Xxxx XXX or eligible retirement plan in prior taxable years. You will have until your tax return due date (not including extensions) for the year in which the qualified settlement income is received to make the rollover contribution. To obtain more information on this type of rollover, you may wish to visit the IRS website at xxx.xxx.xxx.

  • STIPULATION AND AGREEMENT OF SETTLEMENT This Stipulation and Agreement of Settlement, dated as of July 6, 2018 (the “Stipulation”) is entered into between (a) Lead Plaintiff Xxxxxxxxxxx Xxxxxxx (“Lead Plaintiff”) and Plaintiff Xxxxxxx Xxxxx (collectively, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Endurance International Group Holdings, Inc. (“Endurance” or the “Company”), and defendants Xxxx Xxxxxxxxxxxx and Xxxxxxx Xxxxxxxx (collectively, the “Individual Defendants” and, together with Endurance, the “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants. 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein.

  • TERMS OF SETTLEMENT 26. The Respondent agrees to the following terms of settlement:

  • 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.

  • 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.

  • Objections to Settlement 7.7.1 Only Participating Class Members may object to the class action components of the Settlement and/or this Agreement, including contesting the fairness of the Settlement, and/or amounts requested for the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment and/or Class Representative Service Payment.

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