Common use of Certification of Settlement Class Clause in Contracts

Certification of Settlement Class. A. The Parties stipulate to certification, for settlement purposes only, of a Class defined as follows: All persons in the United States or its territories who, on or before January 23, 2023, purchased a Class Device. Excluded from the Class are Defendant; any entity in which Defendant has a controlling interest or which has a controlling interest in Defendant; Defendant’s legal representatives, assigns and successors; and all judges who have presided over the Action and any member of the judges’ immediate families. B. Solely for the purpose of implementing this Agreement and effectuating the Settlement, iFIT stipulates to the Court entering an Order preliminarily certifying the Class, appointing Plaintiffs as representatives of the Class, and appointing Class Counsel as counsel for the Class. C. Solely for the purpose of implementing this Agreement and effectuating the Settlement, iFIT stipulates that Plaintiffs and Class Counsel meet the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3).