Common use of Certification of Settlement Class for Settlement Purposes Only Clause in Contracts

Certification of Settlement Class for Settlement Purposes Only. HSBC Defendants dispute that a class would be manageable and further deny that a class properly may be certified in the ▇▇▇▇▇ Action or any other action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, HSBC Defendants do not oppose the certification for settlement purposes only of the Settlement Class. No agreements made by HSBC Defendants in connection with the settlement may be used by Plaintiffs, any Settlement Class Member, or any other person, to establish any of the elements of class certification, other than for settlement purposes. Preliminary certification of a Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor are HSBC Defendants estopped from challenging class certification in further proceedings in the ▇▇▇▇▇ Action or in any other action, if the settlement is not finally approved. Nor shall this agreement be deemed to limit the Plaintiffs, in the event that the Settlement Class is not certified, from later seeking certification of a different class in any litigation pursuant to Federal Rule of Civil Procedure 23.

Certification of Settlement Class for Settlement Purposes Only. HSBC Defendants dispute that a class would be manageable and further deny that a class properly may be certified in the ▇▇▇▇▇ Action or any other actionActions. However, solely Solely for purposes of avoiding the expense and inconvenience of further litigation, HSBC Defendants do not oppose the certification for settlement purposes only of the Settlement Class, which includes the Injunctive Relief Class and the Claims Class, in the ▇▇▇▇▇▇ Action. No agreements made by HSBC Defendants in connection with the settlement Settlement may be used by Plaintiffs, any person in the Settlement Class Member, or any other person, person to establish any of the elements of class certification, certification other than for settlement purposes. Preliminary certification of a the Settlement Class shall not be deemed a concession that certification of a litigation class is appropriate, nor are HSBC Defendants estopped from challenging class certification in further proceedings in the ▇▇▇▇▇ Action or in any other action, action if the settlement Settlement is not finalized or finally approved. Nor shall this agreement be deemed to limit the Plaintiffs, in the event that If the Settlement Class is not certifiedapproved, from later seeking certification the Parties shall be returned to the status quo ante as of a different class in any the date of execution of the Prior Agreement for all litigation pursuant to Federal Rule of Civil Procedure 23purposes, as if no settlement had been negotiated or entered into.