Exclusion from Settlement Class. Settlement Class Members shall be bound by all orders, determinations, and judgments in this Action concerning the Settlement, whether favorable or unfavorable, unless such Persons request exclusion from the Settlement Class in a timely and proper manner, as hereinafter provided. A putative Settlement Class Member wishing to make such an exclusion request shall mail the request in written form by first-class mail to the address designated in the Notice for such exclusions, such that it is received no later than twenty- one (21) calendar days prior to the Settlement Hearing. Such request for exclusion must state the name, address, email, and telephone number of the Person seeking exclusion, must state that the sender requests to be “excluded from the Settlement Class in In re Peabody Energy Corp. Sec. Litig., No. 1:20-cv-08024-PKC (S.D.N.Y.)” and must be signed by such Person. Such Persons requesting exclusion are also directed to state the information requested in the Notice, including, but not limited to: the date(s), price(s), and number(s) of shares of all purchases, acquisitions, and sales of Peabody publicly traded common stock during the Settlement Class Period. The request for exclusion shall not be effective unless it provides the required information and is made within the time stated above, or the exclusion is otherwise accepted by the Court.
Exclusion from Settlement Class. Any person falling within the definition of the Settlement Class may, upon request, be excluded or “opt out” from the Settlement Class. Any such person who desires to request exclusion must submit written notice of such intent online through the claims portal or via United States mail to the designated Post Office box established by the Settlement Administrator. The written notice must (i) identify the case name of the Action; (ii) identify the name and address of the individual seeking exclusion from the Settlement; (iii) be personally signed by the individual seeking exclusion; (iv) include a statement clearly indicating the individual’s intent to be excluded from the Settlement; and (v) request exclusion only for that one individual whose personal signature appears on the request. Opt-out requests seeking exclusion on behalf of more than one individual shall be deemed invalid by the Settlement Administrator. To be effective, the written notice shall be postmarked no later than the Opt-Out Deadline or submitted online through the claims portal and verified no later than the Opt-Out Deadline in accordance with the Settlement. All those persons submitting valid and timely notices of exclusion shall not be entitled to receive any benefits of the Settlement. Any Settlement Class Member who does not timely and validly exclude themselves from the Settlement shall be bound by the terms of the Settlement. If final judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this matter, including but not limited to the release set forth in the Settlement Agreement and incorporated in the Judgment.
Exclusion from Settlement Class. OPT OUTS
Exclusion from Settlement Class. Each proposed Settlement Class Member who wishes to exclude himself or herself from the Settlement Class and follows the procedures set forth in this Paragraph shall be excluded. Any potential member of the Settlement Class may, sign and mail a notice of intention to opt out of the Settlement to the Settlement Administrator (in no particular format, but which contains the potential Settlement Class Member’s name, address, and telephone number and the words “opt out,” “exclusion,” or words to that effect clearly indicating an intent not to participate in the Settlement), at the address set forth in the Class Notice. All such written requests must be postmarked by seventy-five (75) days after the entry of this Order, or forty-five (45) days after the date of mailing and publication of the Notice, whichever is later. All persons who properly request exclusion from the Settlement Class shall not be Settlement Class Members and shall have no rights with respect to, nor be bound by, the Agreement, should it be finally approved. The names of all such excluded individuals shall be attached as an exhibit to any Final Judgment.
Exclusion from Settlement Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must comply with the terms set forth in the Settlement Agreement and timely submit an Opt-Out Request to the Claims Administrator in the manner set forth below.
Exclusion from Settlement Class. Any Settlement Class Member who wishes to be excluded from the Class may elect to opt out of the Settlement under this Agreement. Settlement Class Members who opt out of the Settlement will not release their claims for damages that accrued during the Class Period. Settlement Class Members wishing to opt out of the Settlement must send to the Class Action Claims Administrator by U.S. Mail a personally signed letter including their name and address and providing a clear statement communicating that they elect to be excluded from the Settlement Class. Any request for exclusion for opt-out must be postmarked on or before the Opt-Out Date specified in this Preliminary Approval Order. Any potential Settlement Class Member who does not file a timely written request for exclusion shall be bound by all subsequent proceedings, orders, and judgements, including, but not limited to, the release in the Amended Settlement Agreement, even if he or she has litigation pending or subsequently initiates litigation against Defendants relating to the claims and transactions released in this Action.
Exclusion from Settlement Class. Any Settlement Class Member who wishes to
Exclusion from Settlement Class. Each Settlement Class Member who wishes to exclude himself or herself from the Settlement Class and follows the procedures set forth in this Paragraph shall be excluded. Any potential member of the Settlement Class may mail a written request for exclusion, in the form specified in the Class Notice, to the Settlement Administrator at the address set forth in the Class Notice. All such written requests must be postmarked by forty-five (45) days after the date established by the Court for the Settlement Administrator to provide Class Notice. All persons who properly request exclusion from the Settlement Class shall not be Settlement Class Members and shall have no rights with respect to, nor be bound by, the Agreement, should it be finally approved. The names of all such excluded individuals shall be attached as an exhibit to any Final Judgment.
Exclusion from Settlement Class. Certain members of the Settlement 27 Class have timely requested to be excluded from the Settlement Class and the 28 Settlement. Exhibit A, attached hereto, lists the Settlement Class Members who 1 timely requested exclusion from the Settlement Class. Accordingly, this Final 2 Judgment shall not bind or affect Settlement Class Members listed on Exhibit A.
Exclusion from Settlement Class. Any person or entity who or which timely and 25 validly requests exclusion in compliance with the terms stated in this Order and is excluded from 26 the Settlement Class shall not be a Settlement Class Member, shall not be bound by the terms of the 27 Settlement or any orders or judgments in the Action and shall not receive any payment out of the 28 Net Settlement Fund.
