Common use of Date of Execution Clause in Contracts

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Siskinds LLP Sheridan Chevrolet Cadillac Ltd., Pickering Auto Mall Ltd. and ▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd., American All Persons in Canada who, Superior Court and Sotos ▇▇ ▇▇▇▇▇▇▇▇ Inc., Fujikura Ltd., Fujikura during the Class Period, (a) of Justice Court America Inc., ▇▇▇▇ Corporation, Leoni purchased, directly or File No. CV-12- AG, ▇▇▇▇▇ ▇▇▇▇▇ GMBH, Sumitomo indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness System; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation, directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness System; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec System. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems (U.S.A.), Inc., S-Y Systems Ontario Settlement Class. Technologies Europe, GmbH, Tokai Rika Co., Ltd., TRAM, Inc., TRQSS, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental Automotive Systems US, Inc., Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp.; Denso International All Persons in British Columbia ▇▇▇▇▇▇▇▇ America Inc.; Techma Corporation; Columbia who, during the Supreme Court Mogerman Denso Manufacturing Canada, Inc.; Class Period, (a) purchased, File No. S- Denso Sales Canada, Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, System; and/or (b) purchased Registry) Inc.; ▇▇▇▇ Corp.; Kyungshin-▇▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇▇ GmbH; an Automotive Wire Harness Leoni Wire Inc.; Leoni Elocab Ltd.; System; and/or (c) purchased, Sumitomo Electric Industries, Ltd.; for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness System. Sumitomo Wiring Systems (U.S.A.) Excluded Persons are Inc.; Sumitomo Electric Wintec excluded from the BC America, Inc.; S-Y Systems Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAM, Inc.; Tokai Rika Co., Ltd.; TRQSS, Inc.; G.S. Electech, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturing, Inc.

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Signature of Authorized Signatory: Sotos LLP Ontario Counsel Siskinds LLP Sheridan Chevrolet Cadillac Ltd., Pickering Auto Mall Ltd. and Ontario Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Signature of Authorized Signatory: Per: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd., American All Persons in Canada who, Superior Court and Sotos ▇▇ ▇▇▇▇▇▇▇▇ Inc., Fujikura Ltd., Fujikura during the Class Period, (a) LLP BC Counsel Name of Justice Court America Inc., Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇▇▇ Corporation, Leoni purchased, directly or File No. CV-12- AG, ▇▇▇▇▇▇▇ Per: Name: Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇ GMBHLLP Counsel for the Settling Defendant ▇▇▇▇▇ ▇▇▇▇▇▇ I have the authority to bind the Partnership Ontario Superior Court of Justice Court File No. CV- 17-582446- 00CP (the “Ontario Action”) Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., Sumitomo and The Pickering Auto Mall Ltd. Tenneco Inc., Tenneco GmbH, Tenneco Automotive Operating Company Inc., Tenneco Canada Inc., Bosal International NV, Bosal Nederland, B.V., Bosal Industries- Georgia, Inc. o/a Bosal International North America, Bosal USA, Inc., Eberspächer Gruppe GmbH & Co. KG, Eberspächer Exhaust Technology GmbH & Co. KG, Eberspächer North All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness SystemExhaust Systems; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation, directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso Automotive Vehicle containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness SystemExhaust Systems; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Automotive Vehicle containing Automotive Exhaust Systems, Inc., Leonische automotive vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec System. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems Ontario Settlement Class. America, Inc., Espar Products Inc., Faurecia SA, Faurecia Emissions Control Technologies Canada, Ltd., Faurecia Emissions Control Technologies, USA, LLC, Faurecia Exhaust Systems, Inc., Faurecia USA Holdings, Inc., Meritor, Inc., ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ GmbH & Co. KG, and ▇▇▇▇▇▇ USA, LLC Ontario Siskinds LLP Sheridan Faurecia Abgastechnik GmbH, Not applicable Superior and Sotos LLP Chevrolet Faurecia Systèmes d’Échappement, Court of Cadillac Ltd. NGK Spark Plug Co., Ltd., ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Court and The Industry Co., Ltd., NGK Spark Plugs File No. CV- Pickering Auto (U.S.A.), Inc., SNGK Spark Plugs 17-Y Systems Ontario Settlement Class. Technologies Europe584400- Mall Ltd. Canada Limited, GmbHDenso Corporation, Tokai Rika Co.00CP (the Denso International Korea “Related Corporation, Ltd.Denso Korea Automotive Action”) Corporation, TRAMDenso International America, Inc., TRQSSDenso Manufacturing Canada, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental Automotive Systems US, Inc., Continental Tire and Denso Sales Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp.; Denso Bosal International NV, Bosal All Persons in British Columbia ▇▇▇▇▇▇▇▇ America Inc.; Techma Corporation; Nederland, B.V., Bosal Industries- Columbia who, during the Supreme Court Mogerman Denso Manufacturing CanadaGeorgia, Inc.; Inc. o/a Bosal International Class Period, (a) purchased, Court File No. S- Denso Sales CanadaLLP North America, Bosal USA, Inc.; Fujikura Ltd.; , directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, System; and/or (b) purchased Registry) Inc.; S-192096 ▇▇▇▇ Corp.; Kyungshin-▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇GmbHGmbH & CO. KG, Automotive Exhaust (Vancouver ▇▇▇▇▇▇ USA, LLC, Denso Systems; an and/or (b) Registry) (the Corporation, Denso International purchased or leased, directly “BC Action”) Korea Corporation, Denso Korea or indirectly, a new or used Automotive Wire Harness Leoni Wire Corporation, Denso Automotive Vehicle International America, Inc.; Leoni Elocab Ltd.; System, Denso containing Automotive Manufacturing Canada, Inc., Denso Exhaust Systems; and/or (c) Sales Canada, Inc., Eberspächer purchased for import into ▇▇▇▇▇▇ ▇▇▇▇ & ▇▇. ▇▇, ▇▇▇▇▇▇, a new or used Eberspächer Exhaust Technology Automotive Vehicle GmbH & Co. KG, Eberspächer North containing Automotive America, Inc., Espar Products Inc., Exhaust Systems. Excluded Faurecia SA, Faurecia Emissions Persons are excluded from the Control Technologies Canada, Ltd., BC Settlement Class. Faurecia Emissions Control Technologies, USA, LLC, Faurecia Exhaust Systems, Inc., Faurecia USA Holdings, Inc., Faurecia Abgastechnik GmbH, Faurecia Systèmes d’Échappement, Meritor, Inc., NGK Spark Plug Co., Ltd., Woojin Industry Co., Ltd., NGK Spark Plugs Canada Limited, Tenneco Inc., Tenneco GmbH, Tenneco Automotive Operating Company Inc. and Tenneco Canada Inc. Court File No. CV-17-582446-00CP BETWEEN: Plaintiffs Proceeding under the Class ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1992, c. 6 ON READING the materials filed, including the settlement agreement with the Settling Defendant dated as of , 2020 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendant, the Non-Settling Defendants taking no position; 1. THIS COURT ORDERS that, for the purposes of this Order, except to the extent that they are modified in this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that the abbreviated, publication, and long-form notices of settlement approval hearing are hereby approved substantially in the forms attached respectively hereto as Schedules “B” to “D”. 3. THIS COURT ORDERS that the plan of dissemination for the abbreviated, publication, and long-form notices of settlement approval hearing (the “Plan of Dissemination”) is hereby approved in the form attached hereto as Schedule “E” and that the notices of settlement approval hearing shall be disseminated in accordance with the Plan of Dissemination. 4. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendant for settlement purposes only. 5. THIS COURT ORDERS that the “Ontario Settlement Class” is certified as follows: All Persons in Canada who, during the Class Period, (a) purchased, Sumitomo Electric Industriesdirectly or indirectly Automotive Exhaust Systems and/or (b) purchased or leased, Ltd.; directly or indirectly, a new or used Automotive Vehicle containing Automotive Exhaust Systems, and/or (c) purchased for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Automotive Vehicle containing Automotive Exhaust Systems, containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness System. Sumitomo Wiring Systems (U.S.A.) Excluded Persons and Persons who are Inc.; Sumitomo Electric Wintec included in the BC Settlement Class are excluded from the BC America, Inc.; S-Y Systems Ontario Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAM, Inc.; Tokai Rika Co., Ltd.; TRQSS, Inc.; G.S. Electech, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturing, Inc..

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Siskinds LLP Sheridan Chevrolet Cadillac Ltd., Pickering Auto Mall Ltd. and ▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd., American All Persons in Canada who, Superior SCHEDULE “A”‌ Supreme Court and Sotos ▇▇ ▇▇▇▇▇▇▇▇ Inc., Fujikura Ltd., Fujikura during the Class Period, (a) of Justice Court America Inc., ▇▇▇▇ Corporation, Leoni purchased, directly or File No. CV-12- Camp Pro-Sys Infineon Technologies AG, ▇▇▇▇▇ ▇▇▇▇▇ GMBH, Sumitomo indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness System; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation, directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness System; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec System. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems (U.S.A.), Inc., S-Y Systems Ontario Settlement Class. Technologies Europe, GmbH, Tokai Rika Co., Ltd., TRAM, Inc., TRQSS, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental Automotive Systems US, Inc., Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp.; Denso International Infineon All Persons persons resident in British of British Fiorante Consultants v. Technologies North America Corp, Columbia at the time of purchase Columbia ▇▇▇▇▇▇▇▇ Infineon Hynix Semiconductor Inc., Hynix and/or at the time of notice who (Vancouver Mogerman Technologies Semiconductor America Inc.; Techma Corporation; Columbia who, Hynix purchased DRAM Products during Registry) AG, et al. Semiconductor Manufacturing the Supreme Court Mogerman Denso Manufacturing Canada, Inc.; Class Period, except Excluded (a) purchased, Court File No. S- Denso Sales Canada, Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric , Samsung Electronics Persons. L043141) Co., Ltd.; American Furukawa, System; and/or (b) purchased Registry) Inc.; ▇▇▇▇ Corp.; Kyungshin-▇▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring SystemsLtd. Samsung Semiconductor, Inc.; Leonische automotive vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇▇ GmbH; an Automotive Wire Harness Leoni Wire Inc.; Leoni Elocab Ltd.; System; and/or (c) purchased, Sumitomo Electric Industries, Ltd.; for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness System. Sumitomo Wiring Systems (U.S.A.) Excluded Persons are Inc.; Sumitomo Electric Wintec excluded from the BC Samsung Electronics America, Inc.; S-Y , Samsung Electronics Canada Inc., Micron Technology, Inc. and Micron Semiconductor Products, Inc. doing business as Crucial Technologies, Elpida Memory, Inc., Elpida Memory (USA) Inc., Nanya Technology Corporation, Nanya Technology Corporation USA, NEC Corporation, NEC Corporation of America, NEC Canada Inc., Renesas Electronics Corporation fka NEC Electronics Corporation, Renesas Electronics America Inc. fka NEC Electronics Court and File No. Plaintiffs’ Counsel Style of Cause Named Defendants Settlement Class America, Inc., Hitachi, Ltd., Hitachi America, Ltd., Hitachi Electronic Devices (USA), Inc., Hitachi Power Systems Canada Ltd. and Renesas Electronics Canada Ltd. (i) All persons resident in Canada at the time of purchase and/or at the time of notice who purchased DRAM Products during the Class Period, except Excluded Persons and persons who are included in the B.C. Settlement Class and the Quebec Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAM, Inc.; Tokai Rika Co., Ltd.; TRQSS, Inc.; G.S. Electech, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturing, Inc.and (ii) all persons resident in the United States at the time of purchase and/or at the time of notice who purchased DRAM Products in Canada during the Class Period to the extent that such persons have actual or potential claims as against the Defendants in respect of DRAM Products that have not been wholly

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇ Signature of Authorized Signatory: Siskinds LLP Sheridan Chevrolet Cadillac Ltd.Ontario Counsel behalf and on behalf of the Settlement Classes that they propose to represent, Pickering Auto Mall Ltd. and by their counsel Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd., American ▇ pp: ▇▇▇▇▇ LLP Ontario Counsel DocuSign Envelope ID: ABA4166C-C270-43FE-9A9B-1C91B26A2236 Ontario Superior Manual Siskinds LLP Sheridan Chevrolet Yamada Manufacturing All Persons in Canada whoDid the Settling September 1, Superior Court and Sotos ▇▇ of Justice ▇▇▇▇▇▇▇▇ Inc., Fujikura and Sotos Cadillac Ltd., Fujikura The Co., Ltd., Yamada North who, during the Class Defendants conspire to fix, 2007, to Court File No. CV- Columns LLP Pickering Auto Mall America, Inc., NSK Ltd., Period, (a) of Justice Court America purchased, raise, maintain, or stabilize December 2, 15-529853-00CP Ltd., and Fady NSK Americas, Inc., NSK directly or indirectly, the prices of Manual 2020. ▇▇▇▇▇▇ Corporation, Leoni purchasedNSK Manual Steering Steering Columns in Steering Systems America, directly Columns; and/or (b) Canada and/or elsewhere Inc., NSK Canada Inc., purchased or File No. CV-12- AGleased, during the Class Period? If ▇▇▇▇▇▇ ▇▇▇▇▇ GMBH, Sumitomo indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness System; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation▇▇▇▇, directly or indirectly, a so, what damages, if any ▇▇▇▇▇▇ ▇▇▇▇▇ Automotive new or Denso International Americaused Automotive did Settlement Class Steering GmbH, Inc.▇▇▇▇▇▇ Vehicle containing Members suffer? Bosch LLC, used automotive vehicle Techma Corporation, Denso containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness Systemand ▇▇▇▇▇▇ Manual Steering Bosch Inc. Columns; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle Automotive Vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec SystemManual Steering Columns. Excluded Persons are excluded from the Settlement Class. Ontario Superior Electric Siskinds LLP Sheridan Chevrolet JTEKT Corporation, All Persons in Canada Did the Settling January 1, Court of Justice Powered and Sotos Cadillac Ltd., The JTEKT Automotive North who, during the Class Defendants conspire to fix, 2005 to Court File No. CV- Steering LLP Pickering Auto Mall America, Inc., Sumitomo Wiring and Persons who are included Systems, NSK Ltd., Sumitomo Electric in the Quebec Settlement Wiring SystemsPeriod, (a) purchased, raise, maintain, or stabilize August 13, 14-506652-00CP Assemblies Ltd., ▇▇▇▇ ▇▇▇▇▇▇, NSK Americas, Inc., K&S Wiring Class NSK directly or indirectly, the prices of Electric 2018 and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems (U.S.A.), Inc., S-Y Systems Ontario Settlement Class. Technologies Europe, GmbH, Tokai Rika Co., Ltd., TRAM, Inc., TRQSS, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental Automotive Systems US, Inc., Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Canada Inc., NSK Steering Electric Powered Powered Steering Systems Co., Ltd., NSK Steering Assemblies; Assemblies in Canada Steering Systems America, and/or (b) purchased or and/or elsewhere during Inc., Showa Corporation, leased, directly or the Class Period? If so, American Showa, Inc., indirectly, a new or used what damages, if any did Court and File No. Part Plaintiff(s)’ Counsel Plaintiff(s) Defendants Settlement Class Common Issues Class Period Showa Canada Inc., Automotive Vehicle Settlement Class Members Yamada Manufacturing containing Electric suffer? Co., Ltd., and Yamada Powered Steering North America, Inc. Assemblies; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing Electric Powered Steering Assemblies. Excluded Persons are excluded from the British Columbia Manual ▇▇▇▇▇ Denso Corp.; Denso International All Persons in British Columbia ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Manufacturing NA NA NA Supreme Court File Steering Lawyers LLP Co., Ltd., Yamada North No. S-153598 Columns America, Inc. (Vancouver Registry) Court File No. • THE HONOURABLE ) , THE DAY JUSTICE ▇▇▇▇▇▇▇▇ America Inc.; Techma Corporation; Columbia ) OF , 2022 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 and on reading the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants; 1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that this action is certified as a class proceeding as against the Settling Defendants for settlement purposes only. 3. THIS COURT ORDERS that the “Settlement Class” is defined as: All Persons in Canada who, during the Supreme Court Mogerman Denso Manufacturing Canada, Inc.; Class Period, (a) purchased, File No. S- Denso Sales Canada, Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, System[INSERT RELEVANT PART]; and/or (b) purchased Registry) Inc.; ▇▇▇▇ Corp.; Kyungshin-▇▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle Automotive Vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇▇ GmbH; an Automotive Wire Harness Leoni Wire Inc.; Leoni Elocab Ltd.; System[INSERT RELEVANT PART]; and/or (c) purchased, Sumitomo Electric Industries, Ltd.; purchased for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, Automotive Vehicle containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness System[INSERT RELEVANT PART]. Sumitomo Wiring Systems (U.S.A.) Excluded Persons are Inc.; Sumitomo Electric Wintec excluded from the BC America, Inc.; S-Y Systems Settlement Class. 4. Technologies Europe GmbHTHIS COURT ORDERS that [INSERT RELEVANT REPRESENTATIVE PLAINTIFFS] are hereby appointed as the representative plaintiffs on behalf of the Settlement Class. 5. THIS COURT ORDERS that ▇▇▇▇▇▇▇▇ LLP and Sotos LLP are hereby appointed as Class Counsel in this action. 6. THIS COURT DECLARES that the following claims are asserted on behalf of the Settlement Class: (a) Claims for unlawful conspiracy pursuant to common law and s. 36 of the 7. THIS COURT DECLARES that the relief sought by the Settlement Class is: (a) Damages in the amount of any unlawful overcharge. 8. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants conspire to fix, raise, maintain, or stabilize the prices of [INSERT RELEVANT PART] in Canada and/or elsewhere during the Class Period? If so, what damages, if any did Settlement Class Members suffer? 9. THIS COURT ORDERS that the Settlement Class Members shall be given notice of the settlement approval hearing and the certification of this action in substantially the forms set out in Schedules “B” to “D” and in the manner set out in Schedule “E”. 10. THIS COURT ORDERS that if the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order, including certification for settlement purposes only, shall be set aside and declared null and void and of no force or effect without the need for any further order of this Court. The Honourable Justice ▇▇▇▇▇▇▇▇ Court File No. CV-15-529853-00CP BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 - [INSERT NAME OF RELEVANT PART]- 1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order, for the purposes of this Order, the definitions set out in the Settlement Agreement apply to and are incorporated into this Order. 2. THIS COURT ORDERS that, in the event of a conflict between this Order and the Settlement Agreement, this Order shall prevail. 3. THIS COURT ORDERS that this Order, including the Settlement Agreement, is binding upon the Settling Defendants in accordance with the terms thereof, and upon each member of the Settlement Class that did not validly opt out of this action, including those Persons who are minors or mentally incapable and the requirements of Rules 7.04(1) and 7.08(4) of the Rules of Civil Procedure are dispensed with in respect of this action. 4. THIS COURT ORDERS that the Settlement Agreement is fair, reasonable and in the best interests of the Settlement Class. 5. THIS COURT ORDERS that the Settlement Agreement is hereby approved pursuant to section 29 of the Class Proceedings Act, 1992 and shall be implemented and enforced in accordance with its terms. 6. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class shall be deemed to have consented to the dismissal as against the Releasees of any Other Actions they have commenced, without costs and with prejudice. 7. THIS COURT ORDERS that, upon the Effective Date, each Other Action commenced in Ontario by any member of the Settlement Class shall be and is hereby dismissed against the Releasees, without costs and with prejudice. 8. THIS COURT ORDERS that, upon the Effective Date, subject to paragraphs 10 and 11, each Releasor has released and shall be conclusively deemed to have forever and absolutely released the Releasees from the Released Claims. 9. THIS COURT ORDERS that, upon the Effective Date, each Releasor shall not now or hereafter institute, continue, maintain, intervene in or assert, either directly, indirectly or otherwise, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other Person, any proceeding, cause of action, claim or demand against any Releasee, or any other Person who may claim contribution or indemnity, or other claims over relief, from any Releasee, whether pursuant to the Negligence Act, RSO 1990, c. N. 1 or other legislation or at common law or equity in respect of any Released Claim. 10. THIS COURT ORDERS that the use of the terms “Releasors” and “Released Claims” in this Order does not constitute a release of claims by those members of the Settlement Class who are resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors. 11. THIS COURT ORDERS that, upon the Effective Date, each member of the Settlement Class who is resident in any province or territory where the release of one tortfeasor is a release of all tortfeasors covenants and undertakes not to make any claim in any way nor to threaten, commence, participate in or continue any proceeding in any jurisdiction against the Releasees in respect of or in relation to the Released Claims. 12. THIS COURT ORDERS that all claims for contribution, indemnity or other claims over, whether asserted, unasserted or asserted in a representative capacity, inclusive of interest, taxes and costs, relating to the Released Claims, which were or could have been brought in this action or any Other Actions, or otherwise, by any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party against a Releasee, or by a Releasee against any named or unnamed co-conspirator that is not a Releasee, any Settled Defendant or any other Person or party, are barred, prohibited and enjoined in accordance with the terms of this Order (unless such claim is made in respect of a claim by a Person who has validly opted out of this action). 13. THIS COURT ORDERS that for purposes of administration and enforcement of the Settlement Agreement and this Order, this Court will retain an ongoing supervisory role and the Settling Defendants attorn to the jurisdiction of this Court solely for the purpose of implementing, administering and enforcing the Settlement Agreement and this Order, and subject to the terms and conditions set out in the Settlement Agreement and this Order. 14. THIS COURT ORDERS that, except as provided herein, this Order does not affect any claims or causes of action that any members of the Settlement Class has or may have in this action against any Person who is not a Releasee. 15. THIS COURT ORDERS that the Settlement Amount shall be held in the Trust Account by ▇▇▇▇▇▇▇▇ LLP for the benefit of the Settlement Class Members. 16. THIS COURT ORDERS that no Releasee shall have any responsibility or liability whatsoever relating to the administration of the Settlement Agreement; Yazaki Corporationto administration, investment, or distribution of the Trust Account; Yazaki North America Inc.; TRAMor to the Distribution Protocol. 17. THIS COURT ORDERS that in the event that some of the Settlement Amount remains in the Trust Account after payment of Class Counsel Disbursements, Inc.; Tokai Rika Co.Class Counsel Fees and Administrative Expenses, Ltd.; TRQSSClass Counsel shall seek direction from this Court regarding the distribution of the remaining funds. 18. [IN MANUAL STEERING COLUMNS, Inc.; G.S. ElectechINCLUDE:] THIS COURT ORDERS that the terms of this Order shall not be effective unless and until this order has been registered in British Columbia under the Enforcement of Canadian Judgments and Decrees Act, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturingand the BC Action has been discontinued as against the Settling Defendants without costs. If such a discontinuance is not secured in British Columbia, Inc.this Order shall be null and void and without prejudice to the rights of the Parties to proceed with this action and any agreement between the Parties incorporated in this Order shall be deemed in any subsequent proceedings to have been made without prejudice. 19. THIS COURT ORDERS that, in the event that the Settlement Agreement is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order shall be declared null and void and of no force or effect without the need for any further order of this Court but with notice to the Class. 20. THIS COURT ORDERS that, upon the Effective Date, this action is hereby dismissed against the Settling Defendants, without costs and with prejudice.

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Name of Authorized Signatory: Signature of Authorized Signatory: Siskinds LLP Sheridan Chevrolet Cadillac Ltd.Ontario Counsel SHERIDAN CHEVROLET CADILLAC LTD. and THE PICKERING AUTO MALL Name of Authorized Signatory: Signature of Authorized Signatory: Sotos LLP Ontario Counsel INOAC CORPORATION, Pickering Auto Mall Ltd. INOAC USA, INC., INOAC INTERIOR SYSTEMS LLC, INOAC INTERIOR SYSTEMS LP, and INOAC CANADA LIMITED, by their counsel Name of Authorized Signatory: ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ Signature of Authorized Signatory: Fasken ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd., American All Persons in Canada who, Superior Court and Sotos ▇▇ ▇▇▇▇▇▇▇▇ Inc., Fujikura Ltd., Fujikura during LLP Counsel for the Class Period, (a) Settling Defendants I have authority to bind the Partnership Name of Justice Court America Inc., ▇▇▇▇ Corporation, Leoni purchased, directly or File No. CV-12- AG, ▇▇▇▇▇ ▇▇▇▇▇ GMBH, Sumitomo indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness System; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation, directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness System; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec System. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems (U.S.A.), Inc., S-Y Systems Ontario Settlement Class. Technologies Europe, GmbH, Tokai Rika Co., Ltd., TRAM, Inc., TRQSS, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental Automotive Systems US, Inc., Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Authorized Signatory: Signature of Authorized Signatory: Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp.; Denso International All Persons in British Columbia ▇▇▇▇▇▇▇▇ America LLP BC Counsel CV-16-549733-00CP Sheridan Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., and ▇▇▇▇ ▇▇▇▇▇▇ Calsonic Kansei Corporation, Calsonic Kansei North America, Inc.; Techma , INOAC Corporation; Columbia , INOAC USA, Inc., INOAC Interior Systems LLC, Springfield Interior Trim, LLC, INOAC Interior Systems LP, Blenheim Interior Trim, LLP, INOAC Canada Limited, Intertec Systems, Adient Seating Canada LP, Adient PLC and ▇▇▇▇▇▇▇ Controls International PLC All Persons in Canada who, during the Supreme Court Mogerman Denso Manufacturing Canada, Inc.; Class Period, (a) purchased, File No. S- Denso Sales Canada, Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, SystemPlastic Interior Trim; and/or (b) purchased Registry) Inc.; ▇▇▇▇ Corp.; Kyungshin-▇▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle Automotive Vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇▇ GmbH; an Automotive Wire Harness Leoni Wire Inc.; Leoni Elocab Ltd.; SystemPlastic Interior Trim; and/or (c) purchased, Sumitomo Electric Industries, Ltd.; purchased for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, Automotive Vehicle containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness SystemPlastic Interior Trim. Sumitomo Wiring Systems (U.S.A.) Excluded Persons and Persons who are Inc.; Sumitomo Electric Wintec included in the BC Settlement Class are excluded from the BC America, Inc.; S-Y Systems Ontario Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAM, Inc.; Tokai Rika Co., Ltd.; TRQSS, Inc.; G.S. Electech, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturing, Inc..

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Siskinds LLP Heater Sheridan Chevrolet Cadillac Ltd.Denso Corporation, Pickering Auto Mall Ltd. and ▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd., American Denso All Persons in Canada who, Did the Settling Defendants January 1, 2000 to November Superior Court and Sotos ▇▇ ▇▇▇▇▇▇▇▇ Control Chevrolet International America Inc., Fujikura Ltd., Fujikura during the Class Period, (a) conspire to fix, raise, 2, 2016 Court of Justice Court America Inc.Panel Cadillac Ltd., ▇▇▇▇ Corporation, Leoni Denso Manufacturing Canada purchased, directly or File No. CV-12- AGmaintain, ▇▇▇▇▇ ▇▇▇▇▇ GMBH, Sumitomo indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness System; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, stabilize the Justice The Pickering Inc., Denso CorporationSales Canada Inc., directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness System; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec System. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems (U.S.A.), Inc., S-Y Systems Ontario Settlement Class. Technologies Europe, GmbH, Heater Control prices of Heater Control Court File Auto Mall Tokai Rika Co., Ltd., TRAM, Panels; and/or (b) purchased or Panels in Canada and/or No. CV-12- Ltd., and Fady Inc., TRQSSTRMI, Inc., G.S. ElectechTRIN, Inc., G.S.W. Manufacturingleased, directly or indirectly, a elsewhere during the Class 449233- ▇▇▇▇▇▇ Calsonic Kansei Corporation, new or used Automotive Period? If so, what 00CP Calsonic Kansei North America, Vehicle containing Heater damages, if any did Inc., G.S. Sumitomo Electric Control Panels; and/or (c) Settlement Class Members Industries Ltd., Sumitomo purchased for import into suffer? Wiring Systems Ltd., Sumitomo Canada, a new or used Electric Wiring Systems Inc., Continental AG, Continental Automotive Systems USVehicle containing Sumitomo Electric Wintec Heater Control Panels. America, Inc., Continental Tire CanadaSumitomo Wiring Excluded Persons and Persons Systems (U.S.A.) Inc., Inc. (formerly known as Continental Automotive CanadaK&S who are included in the Quebec Wiring Systems, Inc., Alps Settlement Class and the BC Electric Co., Ltd., Alps Electric Settlement Class are excluded (North America), Fujikura Inc., and Alps from the Ontario Settlement Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Camp Inc. Class. Ontario Occupant ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp.; Denso International Corporation, Tokai Rika Co., Ltd., TRQSS Inc., TRAM, Inc., TAC Manufacturing, Inc., Toyoda Gosei, Co., Ltd., Toyoda Gosei North America Corporation, and TG Missouri Corporation All Persons in British Columbia Canada who, Did the Settling Defendants January 1, 2003 to December Superior Safety Chevrolet during the Class Period, (a) conspire to fix, raise, 4, 2014 Court of Systems Cadillac Ltd., purchased, directly or maintain, or stabilize the Justice The Pickering indirectly, Occupant Safety prices of Occupant Safety Court File Auto Mall Systems; and/or (b) purchased Systems in Canada and/or No. CV-13- Ltd., Fady or leased, directly or indirectly, elsewhere during the Class 472259- ▇▇▇▇▇▇▇▇ America Inc.; Techma Corporation; Columbia who, during the Supreme Court Mogerman Denso Manufacturing Canadaand a new or used Automotive Period? If so, Inc.; Class Period, (a) purchased, File No. S- Denso Sales Canada, Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, System; and/or (b) purchased Registry) Inc.; what 00CP ▇▇▇▇ Corp.; Kyungshin-▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇▇ GmbH; an Automotive Wire Harness Leoni Wire Inc.; Leoni Elocab Ltd.; System; Vehicle containing Occupant damages, if any did Swinkels Safety Systems and/or (c) purchased, Sumitomo Electric Industries, Ltd.; Settlement Class Members purchased for import into suffer? Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness System. Sumitomo Wiring Systems (U.S.A.) Excluded Persons are Inc.; Sumitomo Electric Wintec excluded from the BC America, Inc.; S-Y Systems Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAM, Inc.; Tokai Rika Co., Ltd.; TRQSS, Inc.; G.S. Electech, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturing, Inc.used

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Ontario Siskinds LLP Sheridan Chevrolet Cadillac Ltd., Pickering Auto Mall Ltd. and ▇▇▇▇ ▇▇▇▇▇▇ and . Furukawa Electric Co. Ltd., American All Persons in Canada who, Superior Court and Sotos ▇▇▇▇▇ ▇▇▇▇▇▇ on their own behalf and on behalf of the Settlement Classes that they propose to represent, by their counsel Name of Authorized Signatory: ▇▇ Inc., Fujikura Ltd., Fujikura during the Class Period, (a) of Justice Court America Inc., ▇▇▇▇ Corporation▇▇▇▇▇▇ Signature of Authorized Signatory: Siskinds LLP Ontario Counsel GAZAREK REALTY HOLDINGS LTD. and 5045320 ONTARIO LTD., Leoni purchasedon their own behalf and on behalf of the Settlement Classes that they propose to represent, directly or File No. CV-12- AG, by their counsel Name of Authorized Signatory: Sotos LLP Ontario Counsel Signature of Authorized Signatory: Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ GMBH, Sumitomo indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness System; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation, directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness System; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec System. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems (U.S.A.), Inc., S-Y Systems Ontario Settlement Class. Technologies Europe, GmbH, Tokai Rika Co., Ltd., TRAM, Inc., TRQSS, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental Automotive Systems US, Inc., Continental Tire Canada, Inc. (formerly known as Continental Automotive Canada, Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British pp Camp ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp.; Denso International All Persons in British Columbia ▇▇▇▇▇▇▇▇ America Inc.; Techma Corporation; Columbia who, during the Supreme Court Mogerman Denso Manufacturing Canada, Inc.; Class Period, (a) purchased, File No. S- Denso Sales Canada, Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, System; and/or (b) purchased Registry) Inc.; ▇▇▇▇ Corp.; Kyungshin-▇▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle containing Holdings, Inc.; LLP BC Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇GmbHSignature of Authorized Signatory: DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-14-506637- 00CP Air Conditioning Systems Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., ▇▇▇▇ ▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Valeo S.A., Valeo Incorporated, Valeo Japan Co. Ltd., Valeo Climate Control Corp, Valeo Compressor North America, Inc., Valeo Electrical Systems, Inc., Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, an Air Conditioning System; and/or (b) purchased or leased, Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Air Conditioning January 1, 2001 to December 10, 2019 Climate Control, Inc., Denso directly or indirectly, a Systems in Canada Corporation, Denso International new or used and/or elsewhere America, Inc., Denso Automotive Vehicle during the Class Manufacturing Canada, Inc., containing an Air Period? Denso Sales Canada, Inc., Conditioning System; Calsonic Kansei Corporation, and/or (c) purchased Calsonic Kansei North America, for import into Canada, Inc., Sanden Holdings a new or used Corporation, Sanden International Automotive Wire Harness Leoni Wire Vehicle (USA) Inc., Sanden Automotive containing an Air Climate Systems Corporation, Conditioning System. ▇▇▇▇▇▇ Automotive Components Excluded Persons are Corporation, ▇▇▇▇▇ ▇▇▇▇ excluded from the GmbH & Co. KG, ▇▇▇▇▇ ▇▇▇▇ Ontario Settlement USA Inc., Panasonic Corporation, Class. Panasonic Corporation of North America, and Panasonic Canada, Inc. A. All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, Automotive Access Mechanisms; Leoni Elocab Ltd.; Systemand/or Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of January 1, 2002 to June 2, 2020 (b) purchased or Automotive Access leased, directly or Mechanisms in indirectly, a new or Canada and/or used Automotive elsewhere during Vehicle containing the Class Period? Automotive Access Mechanisms; and/or (c) purchased, Sumitomo Electric Industries, Ltd.; purchased for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, Automotive Vehicle containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness SystemAccess Mechanisms. Sumitomo Wiring Systems (U.S.A.) Excluded Persons are Inc.; Sumitomo Electric Wintec excluded from the BC Ontario Settlement Class. DocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-14-506680- 00CP High Intensity Discharge Ballasts Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd., and ▇▇▇▇ ▇▇▇▇▇▇ Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., ▇▇▇▇▇▇▇ Electric Co., Ltd., ▇▇▇▇▇▇▇ Electric U.S. Co., Inc., II ▇▇▇▇▇▇▇ Co., Inc., Denso Corporation, Denso All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, a High Intensity Discharge Ballast; Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of High July 1, 1998 to August 13, 2018 International America Inc., Denso and/or (b) purchased or Intensity Discharge Manufacturing Canada, Inc., leased, directly or Ballasts in Canada Denso Sales Canada, Inc., indirectly, a new or and/or elsewhere Mitsubishi Electric Corporation, used Automotive during the Class Mitsubishi Electric Automotive Vehicle containing a Period? If so, what America, Inc., Mitsubishi Electric High Intensity damages, if any, did Sales Canada Inc., Koito Discharge Ballast; S-Y Systems Settlement Class Manufacturing Co. Ltd., North and/or (c) purchased Members suffer? American Lighting, Inc. and for import into Canada, Ichikoh Industries, Ltd. a new or used Automotive Vehicle containing a High Intensity Discharge Ballast. Excluded Persons are excluded from the Ontario Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAMDocuSign Envelope ID: DEB15E8F-E938-4D46-965E-3A6296FE4589 Ontario Superior Court of Justice Court File No. CV-13-478642- 00CP Autolights Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., Inc.; Tokai Rika The ▇▇▇▇▇▇▇▇▇ Auto Mall Ltd., and ▇▇▇▇ ▇▇▇▇▇▇ Koito Manufacturing Co., Ltd.; TRQSS, North American Lighting, Inc.; G.S. Electech, Ichikoh Industries, Ltd., ▇▇▇▇▇▇▇ Electric Co., Ltd., ▇▇▇▇▇▇▇ Electric U.S. Co. Inc., II ▇▇▇▇▇▇▇ Co., Inc., Mitsuba Corporation, and American Mitsuba Corporation All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, Autolights; G.S. Wiring Systems Inc.and/or (b) purchased or leased, Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Autolights June 1,1997 to April 2, 2019. directly or indirectly, a in Canada and/or new or used elsewhere during Automotive Vehicle the Class Period? If containing Autolights; G.S.W. Manufacturingso, Inc.what damages, and/or (c) purchased if any, did for import into Canada, Settlement Class a new or used Members suffer? Automotive Vehicle containing Autolights. Excluded Persons and Persons who are included in the Quebec Settlement Class are excluded from the Ontario Settlement Class.

Appears in 1 contract

Sources: Settlement Agreement

Date of Execution. (1) The Parties have executed this Settlement Agreement as of the date on the cover page. Name of Authorized Signatory: Signature of Authorized Signatory: Siskinds LLP Ontario Counsel GAZAREK REALTY HOLDINGS LTD. and 5045320 ONTARIO LTD., on their own behalf and on behalf of the Settlement Classes that they propose to represent, by their counsel Name of Authorized Signatory: Signature of Authorized Signatory: Sotos LLP Ontario Counsel Name of Authorized Signatory: Signature of Authorized Signatory: ▇▇▇▇▇ Lawyers LLP BC Counsel Name of Authorized Signatory: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Signature of Authorized Signatory: Ontario Superior Court of Justice Court File No. CV-16-564548- 00CP Power Window Switches Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The Pickering Auto Mall Ltd. Ltd., and ▇▇▇▇ ▇▇▇▇▇▇. Furukawa Electric Co. Ltd.▇ Toyo Denso Co., American Ltd. and Weastec, Inc. All Persons in Canada who, during the Class Period, (a) purchased, directly or indirectly, a Power Window Switch; and/or (b) Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of Power June 1, 2003 to August 13, 2018 purchased or leased, Window Switches directly or indirectly, a in Canada and/or new or used elsewhere during Automotive Vehicle the Class Period? containing a Power Window Switch; and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing a Power Window Switch. Excluded Persons are excluded from the Ontario Settlement Class. Ontario Superior Court of Justice Court File No. CV-14-506686- 00CP Ignition Coils Siskinds LLP and Sotos LLP Sheridan Chevrolet Cadillac Ltd., The ▇▇▇▇▇▇▇▇ Auto Mall Ltd., and ▇▇▇▇ ▇▇▇▇▇▇ Diamond Electric Mfg. Co. Ltd., Diamond Electric Mfg. Corporation, Denso Corporation, Denso International America, Inc., Fujikura Ltd.Denso Manufacturing Canada, Fujikura Inc., Denso Sales All Persons in Canada who, during the Class Period, (a) of Justice Court America Inc., ▇▇▇▇ Corporation, Leoni purchased, directly or indirectly, an Ignition Coil; and/or (b) purchased or Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices of Ignition Coils in January 1, 2000 to March 20, 2017 Canada, Inc., Denso Products and leased, directly or Canada and/or Services Americas, Inc. (f/k/a indirectly, a new or elsewhere during Denso Sales California, Inc.), used Automotive the Class Period? Denso International Korea Vehicle containing an Corporation, Mitsubishi Electric Ignition Coil; and/or Corporation, Mitsubishi Electric (c) purchased for Automotive America, Inc., import into Canada, a Mitsubishi Electric Sales Canada new or used Inc. and Toyo Denso Co., Ltd. Automotive Vehicle containing an Ignition Coil. Excluded Persons and Persons who are included in the Quebec Settlement Class are excluded from the Ontario Settlement Class. Superior Court of Quebec (district of Québec), File No. CV-12- AG200-06- 000200-165 Ignition Coils Siskinds, Desmeules s.e.n.c.r.l ▇▇▇▇▇ ▇▇▇▇▇▇GMBHHitachi, Sumitomo Ltd., Hitachi Automotive Systems, Ltd., Hitachi Automotive Systems Americas, Inc., Denso Corporation, Denso International Korea Corporation, Denso Products and Services Americas, Inc., Denso International America, Inc., Denso Manufacturing Canada, Inc., Denso Sales Canada, Inc., Mitsubishi Electric Corporation, Mitsubishi Electric Automotive America, Inc., Mitsubishi Electric Sales Canada, Inc., Toyo Denso Co., Ltd., Diamond Electric Mfg. Co., Ltd., and Diamond Electric Mfg. Corporation All Persons in Quebec who, during the Class Period, (a) purchased, directly or indirectly, an Automotive 44673700CP Electric Industries, Ltd., Sews Canada Wire Harness SystemIgnition Coil; and/or Ltd., Yazaki Corporation, Yazaki North (b) purchased or leased, America, Inc., Denso Corporation, directly or indirectly, a new or Denso International America, Inc., used automotive vehicle Techma Corporation, Denso Automotive Vehicle containing an Automotive Manufacturing Canada, Inc., Denso Wire Harness SystemIgnition Coil; and/or Sales Canada, Inc., Kyungshin-Lear (c) purchased for import into Sales and Engineering, LLC, Leoni Canada, a new or used Wiring Systems, Inc., Leonische automotive vehicle Automotive Vehicle containing Holding, Inc., Leoni Wire Inc., Leoni an Automotive Wire Harness Elocab Ltd., Sumitomo Electric Wintec SystemIgnition Coil. Excluded Persons America, Inc., Sumitomo Wiring and Persons who are included Systems, Ltd., Sumitomo Electric in the Quebec Settlement Wiring Systems, Inc., K&S Wiring Class and the BC Settlement Systems, Inc., Sumitomo Wiring Class are excluded from the Systems Quebec Settlement Class. Did the Settling Defendant conspire to fix, raise, maintain, and/or stabilize the prices of Ignition Coils in Canada and/or elsewhere during the Class Period? January 1, 2000 to March 20, 2017 British Columbia Supreme Court File No. VLC-S- S-163898 (U.S.A.)Vancouver Registry) Power Window Switches ▇▇▇▇▇ Lawyers LLP ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇ and ▇▇▇ ▇▇▇▇ Toyo Denso Co. Ltd., Weastec, Inc., S-Y Systems Ontario Settlement Class. Technologies EuropeDenso Manufacturing Canada, GmbHInc., Tokai Rika Denso Sales Canada, Inc., Omron Automotive Electronics Co., Ltd., TRAMOmron Automotive Electronics, Inc., TRQSS, Inc., G.S. Electech, Inc., G.S.W. Manufacturing, Inc., G.S. Wiring Systems Inc., Continental AG, Continental and Omron Automotive Systems US, Inc., Continental Tire CanadaTechnologies, Inc. (formerly known as Continental Automotive Canadan/a n/a n/a Court File No. ⚫ THE HONOURABLE ) , Inc.), Fujikura Automotive America LLC and Leoni Bordnetz-Systeme GMBH British Camp THE DAY JUSTICE ▇▇▇▇▇▇▇▇ ) OF , 2023 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 THIS MOTION, made by the Ontario Plaintiffs for an Order approving the form and content of the notices of certification and settlement approval hearing (the “Notices”) and the method of dissemination of the Notices, and certifying this proceeding as a class proceeding for settlement purposes only as [INSERT RELEVANT SETTLING DEFENDANT(S)] was heard this day at Osgoode Hall, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Denso Corp., ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. ON READING the materials filed, including the settlement agreement with the Settling Defendants dated as of ⚫, 2023 attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and Counsel for the Settling Defendants; Denso International AND ON BEING ADVISED that the deadline for opting out of this action has passed, and ⚫ Persons validly exercised the right to opt out;1 AND WHEREAS a class proceeding relating to the pricing of Switches was commenced under Court File No. CV-16-549727- 00CP (the “Switches Action”) and is being cased managed with this proceeding;2 AND ON BEING ADVISED that Settlement Class Members (other than those resident in British Columbia) were permitted an opportunity to opt out of this action in the context of the Switches Action, the deadline to opt out of this action has passed, and two Persons validly and timely exercised the right to opt out;3 AND ON BEING ADVISED that Settlement Class Members resident in British Columbia were permitted an opportunity to opt out of the BC Power Window Switches Action, the deadline to opt out of the BC Power Window Switches Action has passed, and no Settlement Class Members resident in British Columbia validly and timely exercised the right to opt out;4 1. THIS COURT ORDERS that, in addition to the definitions used elsewhere in this Order for the purposes of this Order, the definitions set out in the Settlement Agreement apply to, and are incorporated into, this Order. 1 Included in the Ignition Coil Order only 3 Included in the Power Window Switches Order only 4 Included in the Power Window Switches Order only 2. THIS COURT ORDERS that the Ontario Action is certified as a class proceeding as against the Settling Defendants for settlement purposes only. 3. THIS COURT ORDERS that the “Ontario Settlement Class” is defined as: All Persons in British Columbia Canada who, during the Class Period, (a) purchased, directly or indirectly, [INSERT RELEVANT PART]; and/or (b) purchased or leased, directly or indirectly, a new or used Automotive Vehicle containing [INSERT RELEVANT PART]and/or (c) purchased for import into Canada, a new or used Automotive Vehicle containing [INSERT RELEVANT PART]. Excluded Persons [and Persons who are included in the Quebec Settlement Class]5 are excluded from the Ontario Settlement Class. 4. THIS COURT ORDERS that [INSERT RELEVANT REPRESENTATIVE PLAINTIFFS] are hereby appointed as the representative plaintiffs on behalf of the Settlement Class. 5. THIS COURT ORDERS that [INSERT RELEVANT CLASS COUNSEL] are hereby appointed as Class Counsel in this action. 6. THIS COURT DECLARES that the following claims are asserted on behalf of the Settlement Class: (a) Claims for unlawful conspiracy pursuant to common law and s. 36 of the 7. THIS COURT DECLARES that the relief sought by the Settlement Class is: (a) Damages in the amount of any unlawful overcharge. 5 Included in the Ignition Coils Order only 8. THIS COURT ORDERS that the following issue is common to the Settlement Class: Did the Settling Defendants, or any of them, conspire to fix, raise, maintain, and/or stabilize the prices of [INSERT RELEVANT PART] in Canada and/or elsewhere during the Class Period? 9. THIS COURT ORDERS that there shall be no other right to opt-out in this proceeding.6 10. THIS COURT ORDERS that the Settlement Class Members shall be given notice of the settlement approval hearing and the certification of this action in substantially the forms set out in Schedules “B” to “D” and in the manner set out in Schedule “E”. 11. THIS COURT ORDERS that if the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason, this Order, including certification for settlement purposes only, shall be set aside and declared null and void and of no force or effect without the need for any further order of this Court. 12. THIS COURT ORDERS that this Order is contingent upon a parallel order being made by the Quebec Court, and the terms of this Order shall not be effective until such order is made by the Quebec Court.7 The Honourable Justice ▇▇▇▇▇▇▇▇ America Inc.; Techma Corporation; Columbia who, during 6 Included in the Supreme Power Window Switches Order only 7 Included in the Ignition Coils Order only Court Mogerman Denso Manufacturing Canada, Inc.; Class Period, (a) purchased, File No. S- Denso Sales Canada⚫ THE HONOURABLE ) , Inc.; Fujikura Ltd.; directly or indirectly, an 132353 Fujikura America, Inc.; Furukawa Automotive Wire Harness (Vancouver Electric Co., Ltd.; American Furukawa, System; and/or (b) purchased Registry) Inc.; THE DAY JUSTICE ▇▇▇▇▇▇▇▇ Corp.; Kyungshin-▇) OF , 2023 BETWEEN: Proceeding under the Class Proceedings Act, 1992, S.O. 1992, c. 6 THIS MOTION, made by the Plaintiffs for an Order approving the settlement agreement entered into with [INSERT RELEVANT SETTLING DEFENDANT(S)] (collectively, the “Settling Defendants”) and dismissing this action as against the Settling Defendants, was heard this day at Osgoode Hall, ▇▇▇ Sales or leased, directly or and Engineering, LLC; Leoni AG; Leoni indirectly, a new or used Wiring Systems, Inc.; Leonische automotive vehicle containing Holdings, Inc.; ▇▇▇▇▇ ▇▇▇▇GmbH▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. AND ON READING the materials filed, including the settlement agreement dated ⚫, 2023, attached to this Order as Schedule “A” (the “Settlement Agreement”), and on hearing the submissions of counsel for the Ontario Plaintiffs and counsel for the Settling Defendants; AND ON BEING ADVISED that the deadline for opting out of this action has passed, and ⚫ Persons validly exercised the right to opt out;8 AND WHEREAS a class proceeding relating to the pricing of Switches was commenced under Court File No. CV-16-549727- 00CP (the “Switches Action”) and is being cased managed with this proceeding;9 AND ON BEING ADVISED that Settlement Class Members (other than those resident in British Columbia) were permitted an Automotive Wire Harness Leoni Wire Inc.; Leoni Elocab Ltd.; System; and/or (c) purchasedopportunity to opt out of this action in the context of the Switches Action, Sumitomo Electric Industriesthe deadline to opt out of this action has passed, Ltd.; for import into Canada, a new Sumitomo Wiring Systems, Ltd.; or used automotive vehicle Sumitomo Electric Wiring Systems, containing an Automotive Inc.; K&S Wiring Systems, Inc.; Wire Harness System. Sumitomo Wiring Systems (U.S.A.) Excluded and two Persons are Inc.; Sumitomo Electric Wintec excluded from validly and timely exercised the BC America, Inc.; S-Y Systems Settlement Class. Technologies Europe GmbH; Yazaki Corporation; Yazaki North America Inc.; TRAM, Inc.; Tokai Rika Co., Ltd.; TRQSS, Inc.; G.S. Electech, Inc.; G.S. Wiring Systems Inc.; G.S.W. Manufacturing, Inc.right to opt out;10

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Sources: Settlement Agreement