Class Action Adversary Proceeding definition
Examples of Class Action Adversary Proceeding in a sentence
Lead Plaintiffs’ Counsel may thereafter allocate the attorneys’ fees among other plaintiffs’ counsel in a manner which Lead Plaintiffs’ Counsel in good faith believes reflects the contributions of such counsel to the initiation, prosecution, and resolution of the Securities Class Action Adversary Proceeding.
The Securities Class Action Adversary Proceeding makes the same allegations regarding the Tibet IPO as the Securities Class Action Litigation; however, the Securities Class Action Adversary Proceeding’s claims are only against the Debtor as the underwriter to the Tibet IPO.
Class Members who submit valid and timely requests for exclusion from the Settlement Class as set forth in paragraph 15 shall have no rights under the Settlement Agreement, shall not be entitled to receive any payment out of the Net Settlement Fund, and shall not be bound by the Settlement Agreement, or the Order and Final Judgment entered in the Securities Class Action Adversary Proceeding.
In such event, the terms and provisions of the Agreement, with the exception of paragraphs D.4, F.1-3, H, M.3-5, N.11-13, N.15, and N.18 shall have no further force and effect with respect to the Settling Parties and shall not be used in this Securities Class Action Adversary Proceeding or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Agreement shall be treated as vacated, nunc pro tunc.
All agreements made and orders entered during the course of the Securities Class Action Adversary Proceeding relating to the confidentiality of information shall survive this Agreement.
Additionally, the Settling Parties shall not assert any claims of any violation of Rule 11 of the Federal Rules of Civil Procedure relating to the prosecution, defense, or settlement of the Securities Class Action Adversary Proceeding.
Accordingly, unless the Court’s Order and Final Judgment approving the Settlement does not become Final, the Settling Parties agree not to assert in any forum that the Securities Class Action Adversary Proceeding was brought by Lead Plaintiffs or defended by Defendants in bad faith or without a reasonable basis.
If this Agreement is terminated pursuant to its terms, all of the Settling Parties shall be restored to their respective positions prior to the execution of this Agreement, and they shall proceed in all respects as if this Agreement had not been executed and the related orders had not been entered, preserving in that event all of their respective claims and defenses in the Securities Class Action Adversary Proceeding.
The Settling Parties reserve their right to rebut, in a manner that such party determines to be appropriate, any contention made in any public forum that the Securities Class Action Adversary Proceeding was brought or defended in bad faith or without a reasonable basis.