Exclusion From the Settlement Sample Clauses

Exclusion From the Settlement. 6.1 Any Class Member who does not want to participate in the class action and the Settlement may exclude himself or herself from the case and the Settlement by mailing a written request for exclusion to the Administrator on or before the date specified in the Preliminary Approval Order or, if that day is a legal holiday, the next court day. No specific form of request is required so long as the request is signed (manually or electronically) and substantially provides the information required in the Class Notice. Absent relief from the Court, Class Members who do not timely exclude themselves shall be bound by the terms and conditions of this Agreement and the Final Approval Order. 6.2 For Households with more than one Class Member, the following provisions shall apply: (a) a Request for Exclusion by one or more Class Members within the Household shall not preclude other Class Members within that Household from remaining in the settlement as Participating Class Members, subject to the provisions of section 9.3.1 below; (b) all Class Members within a Household who do not timely mail a Request for Exclusion shall be bound by the Settlement even if other Class Members within that Household have opted out of the Settlement; and (c) Defendants shall retain all rights and defenses with respect to any Class Member(s) who have mailed a Request for Exclusion, including without limitation, the right to assert a pro-rated amount of any Defendants' Claim applicable to the Household in question. 6.3 A Class Member who timely complies with the exclusion procedures set forth in this Section shall be excluded from the class action and the Settlement, shall have no standing to object to or otherwise be heard by the Court and/or on appeal with respect to any aspect of this Agreement, and shall be ineligible for any benefits pursuant to this Agreement. 6.4 Absent relief from the Court, any Request for Exclusion that fails to satisfy the requirements set forth in this Section, or that has not been timely postmarked, shall be deemed ineffective and any person included within the Settlement Class who does not properly and timely submit a Request for Exclusion shall be deemed to have waived all rights to opt-out and shall be deemed a Participating Class Member for all purposes under this Agreement.
Sample 1
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Exclusion From the Settlement. Any member of the Settlement Class who wishes to be excluded (“Opt-Out”) from the Settlement must submit a written Opt-Out request to Simpluris as directed in the long form settlement notice, on or before January 19, 2024, which is thirty-two (32) days after the Notice Date. In order to be valid, each Opt-Out request must include the legal name, address, telephone number and personal signature of the individual requesting exclusion, and a clear and plain statement that the individual wishes to be excluded from the lawsuit, Xxxxx Xxxxxx x. Xxxxxx Products Co., Case No. 16PT-CC00055, Circuit Court of Pettis County, Missouri. Opt-Out requests must be e-mailed to the Settlement Administrator, Simpluris, as directed in the settlement notice. Members of the Settlement Class who request exclusion (a) will not be bound by the terms of the Settlement Agreement or any judgment entered in this matter, including the releases provided therein, and will retain any right to file their own lawsuit(s) concerning the claims in this matter; and (b) will not be able to object to the Settlement. Each member of the Settlement Class who does not properly request to Opt-Out from the Settlement Class by mailing or emailing an Opt-Out request postmarked by January 19, 2024 will remain a member of the Settlement Class and will bound by the terms of the Settlement Agreement and any judgment entered in this matter, including the releases provided therein.
Sample 1
Exclusion From the Settlement. Any member of the Settlement Class who wishes to exclude himself, herself, or itself from the Settlement Class must request exclusion in writing by first-class postage prepaid mail received no later than twenty-one (21) calendar days prior to the Settlement Hearing or by delivering the request for exclusion in a manner providing for receipt no later than twenty-one (21) calendar days prior to the Settlement Hearing, in either case addressed to WIMC Securities Litigation, EXCLUSIONS, c/o A.B. Data, X.X. Xxx 000000, Xxxxxxxxx, XX 00000. By submitting a request for exclusion, a person or entity shall be deemed to have submitted to the jurisdiction of the Court with respect to the Settlement and his, her, or its request for exclusion.
Sample 1
Exclusion From the Settlement 
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Related to Exclusion From the Settlement

  • 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.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • Survival of Provisions After Termination (1) If this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, the provisions of Sections 3.1(8), 3.2(3), 4.1(6)(b), 5.1(3), 5.2, 5.3, 5.4, 8.1, 8.2, 10.1(2) and 11.2(4), and the definitions and Schedules applicable thereto shall survive the termination and continue in full force and effect. The definitions and Schedules shall survive only for the limited purpose of the interpretation of Sections 3.1(8), 3.2(3), 4.1(6)(b), 5.1(3), 5.2, 5.3, 5.4, 8.1, 8.2, 10.1(2) and 11.2(4), within the meaning of this Settlement Agreement, but for no other purposes. All other provisions of this Settlement Agreement and all other obligations pursuant to this Settlement Agreement shall cease immediately.

  • Termination of Settlement If the Settlement is terminated as provided in the Stipulation, this Order shall be vacated, rendered null and void and be of no further force and effect, except as otherwise provided by the Stipulation, and this Order shall be without prejudice to the rights of Plaintiffs, the other Class Members and Defendants, and the Parties shall revert to their respective positions in the Action as of immediately prior to August 24, 2015, as provided in the Stipulation.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Withdrawal of Property from Market or Termination of Discussions Potential Investor acknowledges that the Property has been offered for sale subject to withdrawal of the Property from the market at any time or rejection of any offer because of the terms thereof, or for any other reason whatsoever, without notice, as well as the termination of discussions with any party at any time without notice for any reason whatsoever.

  • CONDITIONS OF SETTLEMENT, EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION 9.1. The Effective Date of this Settlement Agreement shall not occur unless and until each and every one of the following events occurs: (a) This Agreement has been signed by the Parties and Class Counsel, and the individual settlement agreements with Xxxxxxxxx Xxxxx, the heirs of Xxxxx Xxxxx, Xxxxxx Xxxxxxxxx, and Xxxxxx Xxxxxxxx-Xxx have been fully executed; (b) The Court has entered an order granting Preliminary Approval of the Agreement; (c) The Court has entered a Final Approval Order finally approving the Agreement, or a judgment substantially consistent with this Settlement Agreement that has become final and unappealable, following Notice and a Final Approval Hearing, as provided in the Federal Rules of Civil Procedure; and (d) In the event that the Court enters an approval order and final judgment in a form other than that provided above (“Alternative Approval Order”) to which the Parties have consented, that Alternative Approval Order has become final and unappealable. 9.2. If some or all of the conditions specified in Paragraph 9.1 are not met, or in the event that this Settlement Agreement is not approved by the Court, or the settlement set forth in this Agreement is terminated or fails to become effective in accordance with its terms, then this Settlement Agreement shall be canceled and terminated subject to Paragraph 9.3, unless Class Counsel and Defendant’s Counsel mutually agree in writing to proceed with this Agreement. If any Party is in material breach of the terms hereof, any other Party, provided that it is in substantial compliance with the terms of this Agreement, may terminate this Agreement on notice to all other Parties. Notwithstanding anything herein, the Parties agree that the Court’s decision as to the amount of the Illinois Fee Award and Ohio Fee Award to Class Counsel set forth above or the incentive award to the Class Representatives, regardless of the amounts awarded, shall not prevent the Agreement from becoming effective, nor shall it be grounds for termination of the Agreement. 9.3. If this Agreement is terminated or fails to become effective for the reasons set forth in Paragraphs 6.1, 6.2, 9.1, or 9.2 above, the Parties shall be restored to their respective positions in the Action as of the date of the signing of this Agreement. In such event, any Final Approval Order or other order entered by the Court in accordance with the terms of this Agreement shall be treated as vacated, nunc pro tunc, and the Parties shall be returned to the status quo ante with respect to the Actions as if this Agreement had never been entered into, including Defendant’s right to seek to compel arbitration as to the Plaintiffs named in the Second Amended Complaint. 9.4. In the event the Settlement is terminated or fails to become effective for any reason, the Illinois Settlement Fund and Ohio Settlement Fund, together with any earnings thereon at the same rate as earned, less any taxes paid or due, less Settlement Administrative Expenses actually incurred and paid or payable from the Settlement Fund, shall be returned to Defendant or its Insurer within thirty (30) calendar days after written notification of such event in accordance with instructions provided by Defendant’s Counsel to the Settlement Administrator.

  • Exclusion of Certain Securities from Eligibility for Selection for Redemption Securities shall be excluded from eligibility for selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of the Issuer and delivered to the Trustee at least 40 days prior to the last date on which notice of redemption may be given as being owned of record and beneficially by, and not pledged or hypothecated by either (a) the Issuer or (b) an entity specifically identified in such written statement as directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer.

  • Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the xxxxxxx or the Union.

  • Certain Settlement Provisions The Corporation shall have no obligation to indemnify Indemnitee under this Agreement for amounts paid in settlement of any action, suit or proceeding without the Corporation’s prior written consent, which shall not be unreasonably withheld. The Corporation shall not settle any action, suit or proceeding in any manner that would impose any fine or other obligation on Indemnitee without Indemnitee’s prior written consent, which shall not be unreasonably withheld.

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