Declarations and Affidavits Clause Samples

Declarations and Affidavits. HSBC will use its reasonable best efforts to make current HSBC employees available to provide declarations, certifications, or affidavits regarding the authentication of documents, including their certification as records of a regularly conducted activity pursuant to Rule 803(6) of the Federal Rule of Evidence.

Declarations and Affidavits. Moark Defendants shall make available to Class Counsel, upon reasonable notice, any then current directors, officers, and employees of Moark Defendants for the preparation of declarations and/or affidavits to be used in the prosecution of the Action. Moark Defendants shall use their best efforts to assist Class Counsel in arranging for declarations and/or affidavits of former directors, officers, and employees of Moark Defendants to be used in the prosecution of the Action.

Declarations and Affidavits. Trustee will execute as agent in the name of the Grantor all declarations, affidavits, and certificates of ownership now or hereafter required in respect of Assets held in the Trust Account. Grantor hereby authorizes Trustee to disclose Grantor’s name, address and securities positions to issuers of securities held in the Trust Account if, as and to the extent that such disclosure may be required by law.

Declarations and Affidavits. Promptly after entry of the Preliminary Approval Order by the Court, upon reasonable notice and upon satisfaction of the provisions of ¶ 11(d) as to the availability of certain individuals, and in coordination with, if possible and practicable at the same time as made to, Indirect Purchaser Class Plaintiffs’ Interim Lead Counsel and counsel for one or more “Direct Action” Plaintiffs, the Individual Settling Parties shall make themselves available to Class Plaintiffs’ Interim Co-Lead Counsel and the Voluntary Dismissal Defendants shall make available up to three (3) additional current officers, directors or employees of the Voluntary Dismissal Defendants (other than Individual Settling Parties) as may be requested by Class Plaintiffs’ Interim Co-Lead Counsel for the preparation of truthful declarations and/or affidavits in connection with motions to dismiss, class certification, and summary judgment motions, subject to the availability of such officers or employees. At Class Plaintiffs’ Interim Co-Lead Counsel’s request, Voluntary Dismissal Defendants will meet and confer regarding any individuals in addition to those set forth above, but failing agreement the parties shall seek resolution by the Court. Voluntary Dismissal Defendants will also make current officers and employees available to provide declarations or affidavits regarding the authentication of documents (such declarations and/or affidavits shall not count towards the three

Declarations and Affidavits a. Subject to a protective order entered by the Court and subject to good cause, Barclays shall use its reasonable best efforts to make available up to ten (10) current and/or former employees of Barclays designated by Bondholder Plaintiffs’ Counsel for the preparation of declarations and/or affidavits throughout the duration of this Action or any action related to any Released Claims. Notwithstanding the foregoing, Bondholder Plaintiffs need not demonstrate good cause for declarations and/or affidavits to be used in connection with class certification. b. At Bondholder Plaintiffs’ Counsel’s request and for good cause, Barclays will meet and confer regarding no more than ten (10) additional individuals. c. Barclays will also use its reasonable best efforts to make current and/or former employees of Barclays available to provide declarations, certifications, or affidavits regarding the authentication of documents, including their certification as records of a regularly conducted activity pursuant to Rule 803(6) of the Federal Rules of Evidence (such declarations, certifications, and/or affidavits shall not count towards those permitted pursuant to (a) or (b) above).

Declarations and Affidavits. RBS will use its reasonable best efforts to make current RBS employees available to provide declarations, certifications, or affidavits regarding the authentication of documents, including, where ap- propriate, their certification as records of a regularly conducted activity pur- suant to Federal Rule of Evidence 803(6).

Declarations and Affidavits. Credit Suisse will use its reasonable best ef- forts to make current Credit Suisse employees available to provide declara- tions, certifications, or affidavits regarding the authentication of documents, including, where appropriate, their certification as records of a regularly con- ducted activity pursuant to Federal Rule of Evidence 803(6).

Declarations and Affidavits. Immucor shall make available to Class Counsel for the preparation of declarations and/or affidavits relating to authentication of documents, in support of plaintiffs’ class certification motion or in opposition to summary judgment motions, upon reasonable request (including Class Counsel’s reasonable consideration for Immucor’s business and operational needs) and reasonable notice, and at Immucor’s expense, any current directors, officers, and employees of Immucor who have knowledge regarding Plaintiffs’ claims in the Action. Immucor shall also undertake commercially reasonable efforts to make available for the preparation of such declarations and/or affidavits, upon reasonable notice, former directors, officers, and employees who possess such information, but Immucor shall not be obligated to bear the expenses of such former directors, officers and employees. Notwithstanding any other provision of this Settlement Agreement, in the event that Immucor believes that Plaintiffs have unreasonably designated any current or former director, officer or employee for the provision of a declaration or affidavit, the parties agree to meet and confer regarding such designation.

Declarations and Affidavits. To the extent permissible under the laws of relevant foreign jurisdictions, including without limitation the laws of Japan and the United Kingdom, Norinchukin will use its reasonable best efforts to make current Norinchukin employees available to provide declarations, cer- tifications, or affidavits regarding the authentication of documents, including, where appropriate, their certification as records of a regularly conducted ac- tivity pursuant to Federal Rule of Evidence 803(6). To the extent permissible under applicable law, the Bondholder Plaintiffs agree to accept a stipulation of Norinchukin Counsel in lieu of the foregoing.