Certification Without Prejudice. (1) In the event this Settlement Agreement is not approved, the Settlement Approval Order is not granted in the form as attached, or is terminated in accordance with its terms, the Parties agree that the prior certification of the Proceeding as a class proceeding against the Settling Defendants for settlement purposes, including the definition of the Settlement Class and the statement of the Common Issue, shall be without prejudice to any position that any of the Parties may later take on any issue in the Proceeding or any other litigation.
Appears in 1 contract
Sources: Settlement Agreement
Certification Without Prejudice.
(1) In the event this Settlement Agreement is not approved, the Settlement Approval Order is not granted in the form as attached, approved or is terminated in accordance with its terms, the Parties agree that the any prior certification of the a Settling Proceeding as a class proceeding against the Settling Defendants for settlement purposesproceeding, including the definition of the Settlement Class and the statement of the Common Issue, shall be without prejudice to any position that any of the Parties may later take on any issue in the Proceeding Proceedings or any other litigation.
Appears in 1 contract
Sources: Canadian Vitamins Class Actions National Settlement Agreement