Common use of Certification of Settlement Class Clause in Contracts

Certification of Settlement Class. 7.1 The Parties agree, for settlement purposes only, that this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(3), with a class consisting of all Settlement Class Members, and with the named Plaintiffs as class representatives of the Settlement Class and Plaintiffs’ Counsel as counsel for the Settlement Class Members. 7.2 Any certification of a conditional, preliminary, or final settlement class pursuant to the terms of this Settlement shall not constitute, and shall not be construed as, an admission on the part of Defendants that this Action, or any other proposed or certified class action, is appropriate for trial class treatment pursuant to the Missouri Rules of Civil Procedure, or any similar state or federal class action statute or rule. This Settlement Agreement shall be without prejudice to the rights of Defendants to: (a) move to dismiss or stay this Action on any applicable basis if the Settlement Agreement is terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) oppose any class certification in this Action should this Settlement Agreement not be approved or implemented for any reason; or (c) oppose certification in any other proposed or certified class action. Neither the fact of this Settlement nor this Settlement Agreement shall be used in connection with efforts in any proceeding to seek certification of any claims asserted against Defendants.

Certification of Settlement Class. 7.1 The Parties agree, for settlement purposes only, that this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(352.08(b)(2), with a class consisting of all Settlement Class Members, and with the named Plaintiffs Plaintiff as class representatives the Class Representative of the Settlement Class and Plaintiffs’ Plaintiff’s Counsel as counsel for the Settlement Class Members. If the Court enters a Preliminary Approval Order and grants final approval of the Settlement, the Court’s prior Order Granting Plaintiff’s Motion for Class Certification dated December 14, 2018 shall be vacated in favor of certification of the Class defined herein. 7.2 Any certification of a conditional, preliminary, or final settlement class pursuant to the terms of this Settlement shall not constitute, and shall not be construed as, an admission on the part of Defendants Defendant that this Action, or any other proposed or certified class action, is appropriate for trial class treatment pursuant to the Missouri Rules of Civil Procedure, or any similar state or federal class action statute or rule. This Settlement Agreement shall be without prejudice to the rights of Defendants Defendant to: (a) move to dismiss or stay this Action on any applicable basis if the Settlement Agreement is terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) oppose any class certification move to decertify the Class previously certified in this Action should this Settlement Agreement not be approved or implemented for any reason; or (c) oppose certification and/or defend against the imposition of liability or damages in any other proposed or certified class action. Neither the fact of this Settlement nor this Settlement Agreement shall be used in connection with efforts in any proceeding to seek certification of any claims asserted against DefendantsDefendant.

Certification of Settlement Class. 7.1 The Parties agree, for settlement purposes only, that this Action shall be certified and proceed as a class action under Missouri Rule of Civil Procedure 52.08(b)(3), with a class consisting of all Settlement Class Members, and with the named Plaintiffs Plaintiff as class representatives representative of the Settlement Class and Plaintiffs’ Plaintiff’s Counsel as counsel for the Settlement Class Members. 7.2 Any certification of a conditional, preliminary, or final settlement class pursuant to the terms of this Settlement shall not constitute, and shall not be construed as, an admission on the part of Defendants Telebrands that this Action, or any other proposed or certified class action, is appropriate for trial class treatment pursuant to the Missouri Rules of Civil Procedure, or any similar state or federal class action statute or rule. This Settlement Agreement shall be without prejudice to the rights of Defendants Telebrands to: (a) move to dismiss or stay this Action on any applicable basis if the Settlement Agreement is terminated for any reason, Final Approval does not occur for any reason, or the Final Settlement Approval Date does not occur; (b) oppose any class final certification in this Action should this Settlement Agreement not be approved or implemented for any reason; or (c) oppose certification in any other proposed or certified class action. Neither the fact of this Settlement nor this Settlement Agreement shall be used in connection with efforts in any proceeding to seek certification of any claims asserted against DefendantsTelebrands.