Testimony at Trial. Settling Defendant agrees to make available for testimony at trial in the Action one (1) current or former employee of Settling Defendant whom Settlement Class Counsel reasonably believes has knowledge regarding Plaintiffs’ claims, or who is able to authenticate and lay a foundation for documents to get into evidence. With respect to former employees, Settling Defendant will make reasonable efforts to secure the witness’s attendance, but may be unable to do so. Such a witness will be made available at the Settling Plaintiffs’ expense and upon reasonable notice.
Testimony at Trial a. Barclays shall use its reasonable best efforts to make available for testimony at trial in the OTC Action or any action related to any Released Claims, each of the then-current Barclays employees designated by OTC Plaintiffs’ Counsel, who possess information, based on OTC Plaintiffs’ Counsel’s good faith belief, that would assist Class Plaintiffs in trial of the Class Plaintiffs’ claims as alleged in the OTC Action or any action related to any Released Claims.
b. Barclays shall use good faith efforts to assist OTC Plaintiffs’ Counsel in arranging for the appearance of former employees at trial.
Testimony at Trial. JBS will use its best efforts to produce up to three (3) current employees of Settling Defendants, as selected by Interim Co-Lead Counsel, as live witnesses at trial. Such witnesses will be made available at Settling Defendants’ expense and upon reasonable notice. Such witnesses may but need not be the same witnesses who have provided deposition testimony in the Actions. However, such witnesses shall not include those at the level of Chief, President, or Board Director, or the Head of the Fed Beef or Regional Beef business units (but shall not exclude the direct reports of the Head of the Fed Beef or Regional Beef business units), or the equivalents of such titles, unless otherwise mutually agreed by the Parties.
Testimony at Trial. Southwest shall use its good faith best efforts to make available for testimony at trial in the Action one (1) then-current Southwest employee at the Vice President level or lower designated by Plaintiffs’ Counsel who possesses information, based on Plaintiffs’ Counsel’s good faith belief, that would assist Class Plaintiffs in the trial of the Class Plaintiffs’ claims as alleged in the Action.
Testimony at Trial. Settling Defendants agree to make available at Settling Defendants’ expense and upon reasonable notice, for testimony at trial in the Actions: up to two (2) current employees of Settling Defendants of Settlement Class Counsel’s choice whom Settlement Class Counsel reasonably believe have knowledge regarding Plaintiffs’ Claims alleged in the Actions. To the extent that Settlement Class Counsel desire the testimony of former employees of Settling Defendants or other Released Parties, Settling Defendants shall use reasonable efforts to secure the appearance of such former employees. The failure of any former employee to make himself or herself available for testimony at trial shall not affect in any way the release of the Released Parties, provided that the Settling Defendants have used reasonable efforts.
Testimony at Trial. Upon reasonable notice and at Moark Defendants' expense, Moark Defendants shall make available for testimony at trial, each of the then current directors, officers, and employees of Moark Defendants, designated by Class Counsel, who possess information, based on Class Counsel's good faith belief, that would assist Plaintiffs in trial of the Plaintiffs' claims as alleged in the Action. Moark Defendants shall use their best efforts to assist class Counsel in arranging for the appearance of former directors, officers, and employees at trial.
Testimony at Trial. Citi shall comply in good faith with its obligations to make witnesses available to testify at trial pursuant to any valid trial subpoenas issued by the Bondholder Plaintiffs in accordance with the requirements of Rule 45 of the Federal Rules of Civil Procedure and any other applicable rules or orders.
Testimony at Trial. Immucor shall make available for testimony at trial, upon reasonable notice and reasonable request, at Immucor's expense, any current directors, officers, and employees of Immucor, if any, who have knowledge regarding Plaintiffs' claims as alleged in the Action. Immucor shall also undertake commercially reasonable efforts to make available for testimony at trial, upon reasonable notice, former directors, officers, or employees who possess such knowledge, but Immucor shall not be obligated to bear the expenses of such former directors, officers and employees. If Class Counsel takes the deposition of any current or former Immucor director, officer or employee, Immucor shall not be obligated to make that individual available for testimony at trial. Notwithstanding any other provision of this Settlement Agreement, in the event that Immucor believes that Plaintiffs have unreasonably designated any current or former director, officer or employee for testimony at trial, the parties agree to meet and confer regarding such designation.
Testimony at Trial. Upon reasonable notice and upon satisfaction of the provisions of ¶ 11(d) as to the availability of certain individuals, the Individual Settling Parties shall make themselves available and Voluntary Dismissal Defendants shall make available for truthful testimony at trial, up to three (3) additional current officers and employees of Voluntary Dismissal Defendants designated by Class Plaintiffs’ Interim Co-Lead Counsel, who possess information, based on Class Plaintiffs’ Interim Co-Lead Counsel’s good faith belief, that would assist Plaintiffs in trial of the Plaintiffs’ claims as alleged in the Action, subject to the availability of such officers or employees. Voluntary Dismissal Defendants shall use commercially reasonable efforts to assist Class Plaintiffs’ Interim Co-Lead Counsel in arranging for the appearance of former officers and employees at trial, but neither Voluntary Dismissal Defendants nor Individual Settling Parties shall be obligated to bear the expenses, including but not limited to legal fees, of testimony of such current or former directors, officers and employees. Notwithstanding any other provision of this Agreement, in the event that the Voluntary Dismissal Defendants believe that Class Plaintiffs’ Interim Co-Lead Counsel has unreasonably designated any current officer or employee for testimony at trial, the parties agree to meet and confer regarding such designation and seek resolution from the Court if necessary.
Testimony at Trial a. Barclays shall use its reasonable best efforts to make available for testimony at trial in the Action or any action related to any Released Claims, each of the then- current employees of Barclays (including its subsidiaries and affiliates) designated by Bondholder Plaintiffs’ Counsel, who possesses information, based on Bondholder Plaintiffs’ Counsel’s good faith belief, that would assist Bondholder Plaintiffs in trial of the Bondholder Plaintiffs’ claims as alleged in the Action or any action related to any Released Claims.
b. Barclays shall use good faith efforts to assist Bondholder Plaintiffs’ Counsel in arranging for the appearance of former employees at trial.
