Common use of Settlement Class Definition Clause in Contracts

Settlement Class Definition. For purposes of settlement only, and upon the express terms and conditions set forth in this Amended Settlement Agreement, Named Plaintiff agrees to seek certification of a mandatory, nationwide Settlement Class in the Litigation pursuant to Federal Rule of Civil Procedure 23(b)(2). Settling Defendants agree not to contest certification of the conditional Settlement Class but reserve the right to state their position that a class could not be certified as a class action for litigation purposes. The proposed class definition in Plaintiff’s First Amended Complaint will be superseded by the Settlement Class as defined in this Amended Settlement Agreement.1 The Parties have agreed to a new and more precise class definition for purposes of settlement as follows: All original purchasers of an Interstate Batteries trademarked battery (meaning the Interstate Batteries, Nationwide, Power Volt, and Quickstart brands) that was covered by a Previous Interstate Batteries’ Pro-Rata Warranty and that was purchased from an Interstate Batteries authorized dealer (but not from an All Battery Center Store), in the United States or the District of Columbia, at any time from April 19, 2000 through April 30, 2012, and who: (i) later presented that original battery, during the applicable pro-rata-warranty-coverage period, to an (ii) still had, on or before April 30, 2012, an unexpired contractual right under a Previous Interstate Batteries’ Pro-Rata Warranty to purchase a Replacement Battery in a pro-rata-warranty-adjustment transaction if their original battery fails under the terms of the Previous Interstate Batteries’ Pro-Rata Warranty.