Class Member List Sample Clauses

Class Member List. (a) The Settlement Class prior to confirmation of all exclusions as set forth below is comprised of fifty-eight thousand four hundred and seventy-nine (58,479) individual consumers who meet the Settlement Class definition, including 11,271 consumers who are members of the GBL Statutory Subclass but not the FDCPA Subclass and 47,208 consumers who are members of both the GBL Statutory Subclass and the FDCPA Subclass. (b) Within fourteen (14) days after execution of this Agreement, Midland will update the Class List & Data Compilation previously provided to Class Counsel to identify any individuals who Midland believes, based on its records, have filed for Chapter 7 bankruptcy and are thus potentially excluded from the Settlement Class definition. Within 21 days of the parties’ Motion for Preliminary Approval, Class Counsel will review public records, confirm which of those potentially excludable due to bankruptcy were discharged on or before the date of execution of this Agreement, and will amend the Class List and Data Compilation to exclude any such individuals. Class Counsel acknowledges that Plaintiffs conducted discovery, including multiple depositions, regarding the accuracy of the Class List and Data Compilation. As a result, Class Counsel is satisfied that the Class List and Data Compilation is materially accurate with regard to Settlement Class members’ identities and with regard to collection details relevant to this Settlement Agreement. Defendants hereby confirm that they believe the Class List and Data Compilation to be accurate. (c) The estates of deceased Settlement Class Members are eligible to share in the Settlement Fund upon submission to the Settlement Administrator of a death certificate. In the event that a Settlement Class Member entitled to a check is deceased, upon receipt of the copy of the death certificate, the Settlement Administrator shall send or cause to be sent, a check to the person(s) reasonably believed to be the person(s) entitled thereto, and the Release in Paragraph 24 of this Agreement shall be effective as to such Settlement Class Member, notwithstanding any failure to comply with laws relating to probate or marital property.
Sample 1
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Class Member List. 5.1 Class Counsel have identified approximately 307 borrowers of federally related mortgage loans (as defined under the Real Estate Settlement Procedures Act, 12 U.S.C. § 2602) originated or brokered by Sierra Pacific that were closed through All Star between January 1, 2012, and December 31, 2016, who Class Counsel believe are members of the Class. Sierra Pacific and Class Counsel agree to cooperate in good faith to identify members of the Class and their contact information through reasonable efforts and research of records and information available to the parties. Sierra Pacific and Class Counsel will identify the final Class Member List on or before the mailing of the Mailed Notice, provided that nothing shall preclude the Parties or the Settlement Administrator from asserting, prior to issuance of the Final Approval Order, that any person identified on the Class Member List is not eligible to be a member of the Class. 5.2 The Parties agree and stipulate that the final Class Member List will include all of the potentially eligible members of the Class. Neither the Parties nor Class Counsel are currently aware of any potentially eligible Class members that have not yet been identified for inclusion on the final Class Member List. 5.3 The Parties agree and acknowledge that the Class Member List contains certain confidential information and that the account information identified in the Class List constitutes confidential material. Therefore, the Parties agree to treat the Class Member List as confidential and to use the Class Member List and the information contained therein solely for the purpose of providing the Settlement Benefits offered by this Agreement to members of the Class and otherwise implementing the terms of this Agreement, and for no other purpose whatsoever. Except to the extent authorized by this Agreement, the Parties further agree that they will not disclose the Class Member List or any of the information contained in the Class Member List to members of the Class or any third party, except pursuant to court order. Notwithstanding any contrary language contained in this Agreement, the provisions of this paragraph shall survive any termination or modification of this Agreement and shall continue to be binding regardless of whether or not the Settlement is fully implemented or receives preliminary or final approval. Notwithstanding the foregoing, the confidentiality of the Class Member List, and the information contained therein, does not...
Sample 1
Class Member List. No later than fourteen (14) days after entry of the Preliminary Approval Order, PurFoods shall provide the Settlement Administrator with the name, email address (where available), and last known physical address (where available) of each Settlement Class Member (collectively, “Class Member List”) that PurFoods possesses. • The Class Member List shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. The Settlement Administrator shall not reproduce, copy, store, or distribute in any form, electronic or otherwise, the Class Member List except as reasonably required for performance of its duties under this Agreement.
Sample 1
Class Member List. Within 7 days following preliminary approval of the Agreement, Autovest will provide Class Counsel with a declaration verifying the list of Class Members, which shall be divided into the Judgment Subclass and the Non- Judgment Subclass. a. For each Class Member, Autovest shall provide the: (a) name; (b) last known address; (c) date of the contract; (d) date of the last voluntary payment made by a person obligated under the contract; (e) date of sale of the collateral; (f) date of suit filed, if any, court and case number. Autovest shall use reasonable, good faith efforts to identify Class Members. b. Up to 3 days prior to the Notice Date, Class Counsel may suggest that other persons should be considered Class Members. Autovest shall either include those persons as Class Members, or provide Class Counsel with the reasons why they are not included.
Sample 1
Class Member List. Within twenty-four (24) days of the execution of this Agreement, Class Counsel shall be provided with a preliminary Class Member List which Defendants shall use all reasonable best efforts to create, except that for each Class Member, his or her name and SSN will be anonymized.
Sample 1
Class Member List. “Class Member List” shall mean a list of all Class Members identified by: (i) name; (ii) last known address; (iii) dates of employment during the Relevant Time Period; and (iv) social security numbers, if available, contained in a confidential document that HRC shall provide to Class Counsel and the Claims Administrator to effectuate settlement, and may not be copied, disseminated, or used, in part or whole, for any other purpose other than to effectuate this settlement.
Sample 1

Related to Class Member List

  • Notice to Class Members 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice substantially in the form attached to this Agreement as Exhibit 1. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database. 7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith. in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Class Counsel Fees include the fees, disbursements, costs, interest, GST or HST (as the case may be) and other applicable taxes or charges thereon, including any amounts payable by Class Counsel or the Settlement Class Members to any other body or Person as a result of the Settlement Agreement, including the Fonds d’aide aux actions collectives in Québec.

  • Settlement Class Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

  • Securityholder Lists The Trustee shall preserve in as current a form as is reasonably practicable the most recent list available to it of the names and addresses of Securityholders. If the Trustee is not the Registrar, the Company shall furnish to the Trustee, in writing at least five Business Days before each interest payment date and at such other times as the Trustee may request in writing, a list in such form and as of such date as the Trustee may reasonably require of the names and addresses of Securityholders.

  • Class Data Not later than 15 days after the Court grants Preliminary Approval of the Settlement, Defendant will simultaneously deliver the Class Data to the Administrator, in the form of a Microsoft Excel spreadsheet. To protect Class Members’ privacy rights, the Administrator must maintain the Class Data in confidence, use the Class Data only for purposes of this Settlement and for no other purpose, and restrict access to the Class Data to Administrator employees who need access to the Class Data to effect and perform under this Agreement. Defendant has a continuing duty to immediately notify Class Counsel if it discovers that the Class Data omitted class member identifying information and to provide corrected or updated Class Data as soon as reasonably feasible. Without any extension of the deadline by which Defendant must send the Class Data to the Administrator, the Parties and their counsel will expeditiously use best efforts, in good faith, to reconstruct or otherwise resolve any issues related to missing or omitted Class Data.

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