Exclusion from the Settlement Class; Objections. 9.1 Settlement Class Members will have until 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement to exclude themselves from the Settlement Class by sending a letter by first class mail to the Claims Administrator containing (1) the title of the Action; (2) the full name, address, and telephone number of the person requesting exclusion;
Exclusion from the Settlement Class; Objections. 8.1 Any Settlement Class Member who fails to submit a timely and valid request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action.
Exclusion from the Settlement Class; Objections. 8.1 Settlement Class Members will have until 120 days after entry of the Court’s order preliminarily approving the settlement to exclude themselves from the Settlement Class by sending a letter, by first class United States mail, to the Claims Administrator containing (1) the title of the Illinois action (Xxxx, et al. v. Great America LLC); (2) the full name, address, and telephone number of the person requesting exclusion; and (3) a statement that he or she requests exclusion from the Settlement Class. Settlement Class Members who timely opt-out of the settlement shall: (a) have no right to receive any benefits under the settlement; (b) not be bound by the terms of the settlement; and (c) have no right to object to the terms of the settlement or be heard at the final fairness hearing. Opt-out letters must be submitted individually and cannot be made on behalf of a group of Settlement Class Members. Each letter must be signed by the Settlement Class Member who is opting out. Any such opt-out request must be made in accordance with the terms set forth in this Agreement and the Settlement Class Notice and will be timely only if postmarked no later than 120 calendar days after entry of the Court’s order preliminarily approving the settlement (the “Exclusion Period”). The delivery date is deemed to be the date the request for exclusion is deposited in the U.S. Mail as evidenced by the postmark. No later than seven calendar days after the end of the Exclusion Period, the Claims Administrator shall provide Settlement Class Counsel and Defense Counsel with a list of the Settlement Class Members who have timely and validly opted out of the Settlement Class. Settlement Class Members cannot both object to and opt-out of this settlement. Any Settlement Class Member who attempts to both object to and opt-out of this settlement will be deemed to have opted out and will forfeit the right to object to the settlement set forth in this Agreement or any of its terms. If a Class Member returns both a valid and timely Claim Form (Cash or Voucher) and an opt-out request, the opt-out request shall be deemed void and of no force and effect, and the claim form shall be processed under the terms of this Agreement.
