Common use of Exclusion from Class Clause in Contracts

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written request to the designated address established by the Settlement Administrator in the manner provided in the Notice. The written request must clearly manifest a person’s intent to be excluded from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every Settlement Class Member seeking exclusion. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Deadline, which is no later than sixty (60) days from the Notice Deadline, and as stated in the Notice. Within fourteen (14) days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to WPAS’s Counsel a complete list of all timely and valid requests for exclusion. If a Final Approval Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not timely and validly request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Approval Order and Judgment. All Persons who submit valid and timely requests to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written request notice of such intent to the designated address Post Office box established by the Settlement Administrator in the manner provided in the Notice. The written request notice must clearly manifest a personinclude the Settlement Class Member’s intent to be excluded name, address, telephone number, and e-mail address (if the Settlement Class Member has one), stating that the Settlement Class Member requests exclusion from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every signed by the Settlement Class Member seeking exclusionMember. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out DeadlineDate, which is no later than sixty (60) days from the Notice Deadlinedate on which the notice program commences, and as stated in the Notice. Within fourteen (14) days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to WPAS’s Counsel a A complete list of all timely and Settlement Class Members who submitted timely, valid exclusion requests (opt-outs) will be filed with the Court as part of the declaration or affidavit of the Settlement Administrator, at the same time that Plaintiffs file their Motion for exclusionFinal Approval of the Class Action Settlement. The Court will permit the list to be anonymized, referring to the Settlement Class Members opting-out by their unique Class Member IDs assigned to them by the Settlement Administrator in any public filings. If a Final Approval Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not timely and validly request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Approval Order and Judgment. All Persons who submit valid and timely requests notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written request notice of such intent to the designated address Post Office box established by the Settlement Administrator in the manner provided in the Notice. The written request notice must clearly manifest a personPerson’s intent to be excluded from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every Settlement Class Member seeking exclusion. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out DeadlineDate, which is no later than sixty (60) days from the Notice Deadlinedate on which the notice program commences, and as stated in the Notice. Within fourteen (14) days after the Opt-Out Deadline, the The Settlement Administrator shall promptly furnish to Class Counsel and to WPAS’s Counsel Defendants’ counsel a complete list of all timely and valid requests for exclusionexclusion (the “Opt-Out List”). If a Final Approval Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not timely and validly request to be excluded from the Settlement Class shall be bound by the terms of this the Settlement Agreement and the Final Approval Order and Judgment. All Persons who submit valid and timely requests notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written request to the designated address established by the Settlement Administrator in the manner provided in the Notice. The written request must clearly manifest a person’s intent to be excluded from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every Settlement Class Member seeking exclusion. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Deadline, which is no later than sixty (60) days from the Notice Deadline, and as stated in the Notice. Within fourteen seven (147) days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to WPASDiligent’s Counsel a complete list of all timely and valid requests for exclusion. If a Final Approval Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not timely and validly request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Approval Order and Judgment. All Persons who submit valid and timely requests to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must shall individually sign and timely submit a written request notice of such intent to the designated address established by the Settlement Claims Administrator in the manner provided in the Notice. Such opt-out requests must be postmarked by the Opt-Out Date established by this Order and stated in the Notice. For a request for exclusion to be properly completed and executed, subject to approval by the Court, it must be written, individually signed, and contain the individual’s name, address, and telephone number. The written request notice must clearly manifest a personPerson’s intent to be excluded from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every Settlement Class Member seeking exclusion. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Deadline, which is no later than sixty (60) days from the Notice Deadline, and as stated in the Notice. Within fourteen ten (1410) days after the Opt-Out DeadlineDate, the Settlement Claims Administrator shall furnish to Class Counsel and to WPAS’s Counsel provide the Parties with a complete and final list of all Opt-Outs who have timely and valid validly excluded themselves from the Settlement Class, and, upon request, copies of all completed requests for exclusionto be excluded from the Settlement Class. If a Final Approval Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not timely and validly submitted a timely, valid written request to be excluded from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in the terms of this Settlement Agreement and Action, including, but not limited to, the release set forth in the Final Approval Order and Judgment. All Persons Settlement Class Members who submit valid and timely requests to be excluded from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by from the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

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Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written request opt-out Request for Exclusion to the designated address established by the Settlement Administrator at the address and in the manner provided in the Notice. The written request Such opt-out Requests for Exclusion must clearly manifest a person’s intent to be excluded from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every Settlement Class Member seeking exclusion. To be effective, such requests for exclusion must be postmarked no later than meet the Opt-Out Deadline, which is no later than sixty (60) days from the Notice Deadline, Deadline established by this Order and as stated in the Notice. Within fourteen (14) 7 days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to WPAS’s Counsel provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and valid requests validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for exclusionExclusions. If a the Final Approval Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not timely and validly request to be excluded submitted a timely, valid written Opt-Out Request for Exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, including but not limited to the terms of this Settlement Agreement and release set forth in the Final Approval Order and Judgment. All Persons Settlement Class Members who submit valid and timely requests Opt-Out Requests for Exclusion shall not be entitled to be excluded receive any benefits from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written request notice of such intent to the designated address Post Office box established by the Settlement Claims Administrator in the manner provided in the Notice. The written request notice must clearly manifest a personPerson’s intent to be excluded from the Settlement Class, as set forth in the Settlement Agreement, and must be submitted individually, i.e, one request is required for every Settlement Class Member seeking exclusion. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out DeadlineDate, which is no later than sixty ninety (6090) days from the date on which the Notice Deadlineprogram commences, and as stated in the Notice. Within fourteen seven (147) days after of the Opt-Out DeadlineDate, the Settlement Claims Administrator shall promptly furnish to Class Counsel and to WPASDefendant’s Counsel counsel a complete list of all timely and valid requests for exclusionexclusion (the “Opt-Out List”). If a Final Approval Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not timely and validly request to be excluded from the Settlement Class shall be bound by the terms of this the Settlement Agreement and the Final Approval Order and Judgment. All Persons who submit valid and timely requests notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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