Effect of Opting Out Sample Clauses

Effect of Opting Out. Any Class Member who opts out of this Agreement 28 may not submit an Objection and shall not receive any Individual Settlement Payment, and shall not be 1 bound by the releases that this Agreement entails. If a Class Member submits both a Request for 2 Exclusion and an Objection, then the Request for Exclusion will be valid and will invalidate the 3 Objection. Each Class Member who does not submit a timely, valid Request for Exclusion shall be bound 4 by the releases that this Agreement entails.
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Effect of Opting Out. 9.3.1. If the Settlement is finally approved by the Court, all Settlement Class Members who have not timely and validly excluded themselves will be bound by the Settlement and will be deemed to be a Releasing Settlement Class Member as defined herein, and the relief made available under the Settlement will be their sole and exclusive remedy.
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Effect of Opting Out. Opt-Outs shall receive no settlement benefits under this Settlement Agreement, shall not be considered a Settlement Class Member, and shall not be bound by any release set forth in Section XIV below. The claims of Opt-Outs will be dismissed without prejudice and their statute of limitations will continue to be tolled for thirty (30) days after the date of the Final Approval of the settlement. Because no part of the Gross Settlement Amount shall revert or be retained by Defendant, the Parties agree to reallocate on a pro rata basis to the remaining Settlement Class Members the monies initially allocated to the Opt-Outs.
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Effect of Opting Out. Any member of the Settlement Class who timely and properly requests exclusion in compliance with Paragraph 64 will thereafter be excluded from the Settlement Class, not become a Settlement Class Member, will not have any rights under this Settlement, will not be entitled to receive a Settlement Share, and will not be bound by this Settlement Agreement or the Final Approval Order. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
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Effect of Opting Out. Any person or entity who falls within the definition of the Class and who validly and timely requests to opt out of the settlement shall not be a Class Member; shall not be bound by the Agreement; shall not be eligible to receive any benefit under the terms of the Agreement, including a Class Payment; and shall not be entitled to submit a Written Objection to the settlement or object in person at the Final Approval Hearing. In the event that a Class Member timely submits both a Written Objection and an opt- out request, the opt-out request shall prevail and the Written Objection shall be null and void.
Sample 1
Effect of Opting Out. Any Settlement Class Member who opts out of the Settlement may not submit an Objection and shall not receive any payment in connection with this Settlement, and shall not be bound by the releases included within this Agreement. If a Settlement Class Member submits both a Request for Exclusion and an Objection, then the Request for Exclusion will be valid and will invalidate the Objection. Each Settlement Class Member who does not submit a timely, valid Request for Exclusion shall be bound by the Releases in Section 8 below.
Sample 1
Effect of Opting Out. Any Settlement Class Member who opts out of the Settlement may not submit an Objection and shall not receive any payment in connection with this Settlement, and shall not be bound by the releases included within this Agreement. If a Settlement Class Member submits both a Request for Exclusion and an Objection, then the Request for Exclusion will be valid and will invalidate the Objection. Each Settlement Class Member who does not submit a timely, valid Request for Exclusion shall be bound by the Releases in Section 8 below.
Sample 1
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Related to Effect of Opting Out

  • Effect of Notice Any notice given by the indemnifying Party to an Indemnified Party referred to in Sections 12.1(c) or 12.2(d) above of participation in or control of any action by the indemnifying Party will in no event be deemed to be an admission by the indemnifying Party of liability, culpability or responsibility, and the indemnifying Party will remain free to contest liability with respect to the claim among the Parties or otherwise.

  • EFFECT OF THE AGREEMENT Except as expressly provided herein, the Credit Agreement and the other Loan Documents shall remain unmodified and in full force and effect. Except as expressly set forth herein, this Agreement shall not be deemed (a) to be a waiver of, or consent to, a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document, (b) to prejudice any other right or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Credit Agreement or the other Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended, restated, supplemented or otherwise modified from time to time, (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with the Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among the Borrower, on the one hand, and the Administrative Agent or any other Lender, on the other hand. References in the Credit Agreement to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein”, and “hereof”) and in any Loan Document to the Credit Agreement shall be deemed to be references to the Credit Agreement as modified hereby.

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

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