Common use of NOTICE TO THE CLASS Clause in Contracts

NOTICE TO THE CLASS. 8.1 The proposed Class shall be given the following notices: (i) the First Notice (leave, certification and pendency of Second Application); (ii) the Second Notice (Settlement approval); (iii) notice if this Agreement is not approved, is terminated, or otherwise fails to take effect; and (iv) such further notice as may be directed by the Court. 8.2 The form of notices referred to in Section 8.1 and the manner and extent of publication and distribution shall be as follows: (a) by Class Counsel posting the notice on its website, and a link to the notice on its Twitter account and LinkedIn account; (b) by Class Counsel delivering a copy of the notice by email to all individuals and entities who have contacted Class Counsel about this action and for whom Class Counsel has an email address, and all individuals and entities who request it and for whom Class Counsel has an email address; (c) by dissemination once through Canada Newswire or an equivalent press release service; (d) by dissemination once through an American press release service such as Cision PR Newswire or Business Wire; and (e) by posting the First Notice and Second Notice as an advertisement on Google, with a maximum collective budget of CAD $20,000 (and only for the First Notice and Second Notice unless otherwise ordered by the Court). 8.3 Subject to the Court’s approval, the First Notice shall be in the forms attached as Appendices “A”, “B” and “C” to this Agreement, and the Second Notice shall be in the forms attached as Appendices “D”, “E” and “F” to this Agreement. 8.4 Plaintiff and Class Counsel agree that, other than in connection with any Court-approved notice arising from this Agreement, they will not issue any press release, whether joint or individual, concerning this Agreement or anything related thereto and that they will not seek to obtain media coverage in relation to the Agreement, with the exception that Class Counsel will post this Agreement on its website and if necessary, on the Canadian Bar Association’s Class Action Database. 8.5 The Parties specifically agree that the Parties will not make any public statements, comment or any communication of any kind about any negotiations or information exchanged as part of the settlement process. The Parties’ obligations under this subsection shall not prevent them, or any of them, from reporting to their clients, or from complying with any order of the Court, or from making any disclosure or comment otherwise required by the Agreement, or from making any necessary disclosure or comment for the purposes of any applicable legislation or professional obligation, or from preparing and filing the materials necessary to obtain the Court’s approval of the Settlement. For greater certainty, nothing in this section prohibits ▇▇▇▇▇▇▇▇ ▇▇▇▇ from issuing a press release disclosing the fact of this Agreement and describing its terms or from responding to third party inquiries from, inter alia, analysts, investors or media regarding the same. 8.6 If comment is solicited by the press, Class Counsel and the Plaintiff agree and undertake to describe the Settlement and the terms of this Agreement only as fair, reasonable and in the best interests of the Class.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

NOTICE TO THE CLASS. 8.1 The proposed Class shall be given the following notices: (i) the First Notice (leave, certification and pendency of Second Application); (ii) the Second Notice (Settlement approval); (iii) notice if this Agreement is not approved, is terminated, or otherwise fails to take effect; and (iv) such further notice as may be directed by the Court. 8.2 The form of notices referred to in Section 8.1 and the manner and extent of publication and distribution shall be as follows: (a) by Class Counsel posting the notice on its website, and a link to the notice on its Twitter account and LinkedIn account; (b) by Class Counsel posting a link to the notice using its Stockhouse account under the Braxia Scientific Corp. Bullboard, at: ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇.▇▇▇/companies/bullboard/▇.▇▇▇▇/braxia-scientific-corp; (c) by Class Counsel delivering a copy of the notice by email to all individuals and entities who have contacted Class Counsel about this action and for whom Class Counsel has an email address, and all individuals and entities who request it and for whom Class Counsel has an email address; (cd) by dissemination once through Canada Newswire or an equivalent press release service; (d) by dissemination once through an American press release service such as Cision PR Newswire or Business Wire; and (e) by posting the First Notice and Second Notice as an advertisement on Google, with a maximum collective budget of CAD $20,000 (and only for the First Notice and Second Notice unless otherwise ordered by the Court). 8.3 Subject to the Court’s approval, the First Notice shall be in the forms attached as Appendices “A”, “B” and “C” to this Agreement, and the Second Notice shall be in the forms attached as Appendices “D”, “E” and “F” to this Agreement. 8.4 Plaintiff and Class Counsel agree that, other than in connection with any Court-approved notice arising from this Agreement, they will not issue any press release, whether joint or individual, concerning this Agreement or anything related thereto and that they will not seek to obtain media coverage in relation to the Agreement, with the exception that Class Counsel will post this Agreement on its website and if necessary, on the Canadian Bar Association’s Class Action Database. 8.5 The Parties specifically agree that the Parties will not make any public statements, comment or any communication of any kind about any negotiations or information exchanged as part of the settlement process. The Parties’ obligations under this subsection shall not prevent them, or any of them, from reporting to their clients, or from complying with any order of the Court, or from making any disclosure or comment otherwise required by the Agreement, or from making any necessary disclosure or comment for the purposes of any applicable legislation or professional obligation, or from preparing and filing the materials necessary to obtain the Court’s approval of the Settlement. For greater certainty, nothing in this section prohibits ▇▇▇▇▇▇▇▇ ▇▇▇▇ Champignon from issuing a press release disclosing the fact of this Agreement and describing its terms or from responding to third party inquiries from, inter alia, analysts, investors or media regarding the same. 8.6 If comment is solicited by the press, Class Counsel and the Plaintiff Plaintiffs agree and undertake to describe the Settlement and the terms of this Agreement only as fair, reasonable and in the best interests of the Class.

Appears in 1 contract

Sources: Class Action Settlement Agreement