Certification of the Settlement Class Sample Clauses

Certification of the Settlement Class. For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

Certification of the Settlement Class. 18 4.1 The Parties stipulate and agree that, subject to Court approval, the Settlement Class 19 should be conditionally certified pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure 20 solely for purposes of the Settlement embodied in this Amended Settlement Agreement. If, for 21 any reason, this Amended Settlement Agreement is not approved by the Court, the stipulation for 22 certification and all of the agreements contained herein shall be considered null and void as 23 provided in Section 12.6. 1 4.2 Google does not consent to certification of the Settlement Class, or to the propriety 2 of class certification for any purpose, other than to effectuate this Settlement. For the avoidance of 3 doubt, Google does not agree that this, or any, class of Developers could be certified for litigation 4 purposes or that a trial of these claims would be manageable. Google’s agreement to provisional 5 certification for purposes of settlement does not constitute an admission of wrongdoing, fault, 6 liability, or damage of any kind, or that any class certification would be appropriate for litigation 7 or any other purpose other than to effectuate this Settlement. 8 4.3 If for any reason the Effective Date does not occur or this Amended Settlement 9 Agreement is terminated, disapproved by any court (including any appellate court), or not 10 consummated for any reason, the order certifying the Settlement Class for purposes of effectuating 11 the Settlement (and all preliminary and final findings regarding that class certification order) shall 12 be automatically vacated upon notice of the same to the Court. The Action shall then proceed as 13 though the Settlement Class had never been certified pursuant to this Amended Settlement 14 Agreement and such findings had never been made, and the Action shall return to its procedural 15 posture as of May 25, 2022. Additionally, the Parties and their counsel shall not contend that 16 certification (or agreement to certification) of the Settlement Class supports certification of any 17 litigation class if this Amended Settlement Agreement is not consummated and the Action is later 18 litigated and certification is contested by Google under Rule 23 or any equivalent statute or rule.

Certification of the Settlement Class. For purposes of this Settlement only, Plaintiffs and Rite Aid stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date. Should: (1) the Settlement not receive final approval from the Court, or (2) the Effective Date not occur, the certification of the Settlement Class shall be void. Rite Aid reserves the right to contest class certification for all other purposes. Plaintiffs and Rite Aid further stipulate to designate the Class Representatives as the representatives for the Settlement Class.

Certification of the Settlement Class. 76. Plaintiffs shall propose and recommend to the Court that the Settlement Class be certified for Settlement purposes only. Defendants agree solely for purposes of the Settlement provided for in this Agreement, and the implementation of such Settlement, that this Action shall proceed as a settlement class action; provided however, that if a Final Approval Order is not issued, then any certification shall be null and void and, for the avoidance of doubt, Defendants shall retain all rights to object to any future requests to certify a class. Plaintiffs and Class Counsel shall not reference this Agreement or any negotiations leading to this Agreement in support of any subsequent motion for class certification of any class in the Action.

Certification of the Settlement Class. 54. For Settlement purposes only, Plaintiffs and Navy Federal agree to ask the Court to certify the Settlement Class under the Federal Rules of Civil Procedure.

Certification of the Settlement Class. (a) Plaintiffs shall seek, and the Defendant shall not oppose, the certification, for settlement purposes only, of the Settlement Class under Rules 23(a) and 23(b)(3)

Certification of the Settlement Class. For purposes of settlement and the proceedings contemplated by this Agreement only, the Parties stipulate and agree that a Settlement Class shall be provisionally certified pursuant to Federal Rule of Civil Procedure 23 as defined herein, that Plaintiffs Xxxxxxx Xxxx-Xxxxxx and Xxxxxxxx Xxxxxxx shall be appointed Class Representatives and shall represent the Settlement Class for settlement purposes, and that Xxxxxxx X. Xxxxx and Xxxxx X. Xxxxxxx of the law firm of Lieff Cabraser Xxxxxxx & Xxxxxxxxx, LLP shall be appointed Class Counsel for the Settlement Class.

Certification of the Settlement Class. For purposes of settlement and the proceedings contemplated by this Agreement only, subject to Court approval, the Parties stipulate and agree that a Settlement Class as defined in Paragraph 1.31 of this Agreement shall be provisionally certified pursuant to Federal Rule of Civil Procedure 23, that the Named Plaintiffs shall be the Class Representatives and shall represent the Settlement Class for Settlement Purposes, and that Class Counsel shall be appointed to represent the Settlement Class.

Certification of the Settlement Class. 11. For settlement purposes only, the Parties will request that the Court certify the Settlement Class. 12. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then the Parties’ request for certification of the Settlement Class will be withdrawn and deemed to be of no force or effect for any purpose in this or any other proceeding.

Certification of the Settlement Class. 13. For settlement purposes only, Plaintiffs will request that the Court certify the Settlement Class. 14. If this Settlement Agreement is terminated or disapproved, or if the Effective Date should not occur for any reason, then the Plaintiffs’ request for certification of the Settlement Class will be withdrawn and deemed to be of no force or effect for any purpose in this or any other proceeding. In that event, Defendant reserves the right to assert any and all objections and defenses to certification of a class, and neither the Settlement Agreement nor any order or other action relating to the Settlement Agreement shall be offered by any person in any litigation or other proceeding against Defendant or any Related Entities as evidence in support of a motion to certify any class.