Common use of Class Certification Clause in Contracts

Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named Settlement Class representative, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Sellers & Toll, PLLC and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. as Class Counsel, and with the “Settlement Class” as defined above. (b) As a condition of settlement, the Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.

Appears in 5 contracts

Sources: Settlement Agreement, Class Action Settlement Agreement, Settlement Agreement

Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named representatives of the Settlement Class representative(“Class Representatives”), ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Sellers & Toll, PLLC and ▇▇▇▇▇▇▇ Topaz as Lead Class Counsel and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and , L.L.P. ▇▇▇▇ ▇▇▇▇▇▇▇ as the Class CounselCounsel Committee, and with the a “Settlement Class” as defined in § 1.19 above. (b) As a condition of settlement, the The Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executedOctober 18, 2018.

Appears in 3 contracts

Sources: Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with appointing the defined Named Plaintiffs as representatives of the named Settlement Class representative, class; appointing ▇▇▇▇, ▇▇▇▇▇▇▇ Sellers & Toll, PLLC ▇▇▇▇▇ LLP and ▇▇▇▇▇Topaz ▇▇▇▇▇▇▇▇▇ & Check, L.L.P. LLP as Class Counsel, ; and with the a “Settlement Class” as defined abovein § 1.25. (b) As a condition of settlement, the The Parties agree to stipulate to a certification of the Action case as a non-opt out class action, and the Class as a non-opt-out class, action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of February 26, 2018, the day immediately prior to before the date on which the Term Sheet was executedmediation occurred.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Class Certification. (a) The Court shall have certified the Action as a non-opt out class action for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), with Named Plaintiffs as the named Settlement Class representativerepresentatives, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P., and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Sellers & Toll, PLLC and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, L.L.P. as Class Counsel, and with the “Settlement Class” as defined above. (b) As a condition of settlement, the Parties agree to stipulate to certification of the Action as a non-opt out class action, and the Class as a non-opt-out class, for settlement purposes only, pursuant to Federal Rules of Civil Procedure 23(b)(1) and/or (b)(2), on the foregoing terms. If the Settlement does not become Final, then no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes revert to its status as of the day immediately prior to the date on which the Term Sheet was executed.

Appears in 1 contract

Sources: Class Action Settlement Agreement