Common use of OBJECTIONS AND REQUESTS FOR EXCLUSION Clause in Contracts

OBJECTIONS AND REQUESTS FOR EXCLUSION. 4.24 The Parties agree to ask the Court to require any Settlement Class Member who intends to object to the fairness, reasonableness, or adequacy of the settlement to file any objection via the Court's electronic filing system (if represented by counsel) or to send the objection to the Settlement Administrator and mail a copy to AHM’s Counsel and Class Counsel via first-class postage prepaid mail. Objections must be filed electronically or postmarked not later than a date to be set by the Court, which date the Parties shall ask the Court to set forty-five (45) days after the Notice Date. Any objecting Settlement Class Member must: (a) Set forth his, her, or its full name, current address, and telephone number; (b) Identify the date of acquisition and VIN for his, her, or its Settlement Class Vehicle; (c) State that the objector has reviewed the Settlement Class definition and understands that he, she, or it is a Settlement Class Member, as well as provide written proof establishing that he, she, or it is a Settlement Class Member; (d) A written statement of the objection(s) which must include a statement as to whether it applies only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class, and also state with specificity the grounds for the objection, including any evidence and legal authority the Settlement Class Member wishes to bring to the Court’s attention; (e) Provide copies of any documents the objector wants the Court to consider; and (f) A statement as to whether the Settlement Class Member intends to appear at the final approval hearing. 4.25 In addition, any Settlement Class Member objecting to the settlement shall file a sworn declaration listing all other objections submitted by the objector or the objector’s counsel to any class action settlements submitted in any court in the United States in the previous five (5) years. If the Settlement Class Member or his, her, or its counsel has not objected to any other class action settlement in the United States in the previous five years, he, she, or it shall affirmatively so state in the objection. 4.26 An objection must be filed with the Court if the objector is represented by counsel, or if not represented by counsel, must be sent to the Settlement Administrator via first-class mail, postage prepaid, and must also be served by first-class mail, postage prepaid, upon both of the following: Class Counsel at: Xxxx X. Xxxx 4.27 Subject to approval of the Court, any objecting Settlement Class Member may appear, in person or by counsel, at the Final Approval Hearing to argue why the proposed settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for Class Counsel Fees and Expenses Award and/or Services Awards. Any such objecting Settlement Class Member must file with the Clerk of the Court and serve upon all counsel designated in the Notice a notice of intention to appear at the Final Approval Hearing by the objection deadline. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or the objecting Settlement Class Member's counsel) will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not provide a notice of intention to appear in accordance with the deadlines and other specifications set forth in the Notice, or who has not filed an objection in accordance with the deadlines and other specifications set forth in the Settlement Agreement and the Notice, will be deemed to have waived any objections to the settlement, subject to the discretion of the Court. 4.28 The submission of an objection allows Class Counsel and/or AHM’s Counsel to take the deposition of the objecting Settlement Class Member pursuant to the Federal Rules of Civil Procedure at an agreed-upon time and location, and to obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for a deposition or comply with expedited discovery requests may result in the Court striking the objection. The Court may tax the costs of any such discovery to the objector or the objector’s counsel if the Court determines that the objection is frivolous or is made for an improper purpose. 4.29 Settlement Class Members may exclude themselves from the settlement (i.e., “Opt- Out”), relinquishing their rights to any benefits under the Settlement Agreement. A Settlement Class Member wishing to exclude himself, herself or itself must send the Settlement Administrator a letter postmarked by a date to be set by the Court, which date the Parties shall request the Court set forty-five (45) days after the Notice Date, containing: (1) the Settlement Class Member’s name, current address, and telephone number; (2) the approximate date of acquisition and VIN for his, her, or its Settlement Class Vehicle; and (3) a clear statement communicating that he, she, or it elects to be excluded from the Settlement Class, does not wish to be a Settlement Class Member and elects to be excluded from any judgment entered pursuant to the settlement. Any request for exclusion must be postmarked on or before the deadline provided in the Notice. Settlement Class Members who fail to submit a valid and timely request for exclusion shall be bound by the Settlement Agreement. Class Counsel will confirm the participation of the Named Plaintiffs in the settlement in advance of execution of the Settlement Agreement. 4.30 Any Settlement Class Member who submits a request for exclusion with a timely postmark has no standing to object to the settlement and shall be deemed to have waived any rights or benefits under the Settlement Agreement. If a Settlement Class Member files a Claim Form and also requests exclusion from the settlement, then the Settlement Class Member will remain in the Settlement Class and the request for exclusion will be deemed void. If a Settlement Class Member opts out and files a separate action based on the same or similar facts, in any tribunal, and also submits a Claim Form, the Settlement Class Member shall be deemed to be a member of the Settlement Class and his, her, or its claims shall be deemed Released Claims. 4.31 Not later than fourteen (14) days after the deadline for submission of requests for exclusion, the Settlement Administrator shall provide the Court, Class Counsel, and AHM’s Counsel with a list identifying each Settlement Class Member who submitted an exclusion request together with copies of the exclusion requests, and a declaration attesting to the completeness and accuracy thereof.

OBJECTIONS AND REQUESTS FOR EXCLUSION. 4.24 The Parties agree to ask the Court to require any 5.1 Any Settlement Class Member who intends to object to the fairness, reasonableness, Settlement or adequacy of the settlement to file any objection via the Court's electronic filing system (if represented by counsel) or to send the objection to the this Settlement Administrator and mail Agreement must do so in a copy to AHM’s Counsel and Class Counsel via first-class postage prepaid mail. Objections must be filed electronically or postmarked not later than a date to be set writing signed by the Court, which date the Parties shall ask the Court to set forty-five (45) days after the Notice Date. Any objecting Settlement Class Member must: that includes his or her name and current U.S. mailing address (a) Set forth his, her, as well as his or its full name, her former U.S. mailing address if his or her current address, and telephone number; (b) Identify U.S. mailing address is different from the date of acquisition and VIN for his, her, or its Settlement Class Vehicle; (c) State that U.S. mailing address listed on the objector has reviewed Notice sent to the Settlement Class definition Member), includes all arguments, citations, and understands evidence supporting the objection (including copies of any documents relied on), states that he, she, he or it she is a Settlement Class Member, as well as provide written proof establishing that heprovides the telephone number(s) at which he or she allegedly received a call regarding the sale or leasing of a residential solar panel system, shelists the name and contact information of any and all attorneys representing, advising, or it is a in any way assisting the objecting Settlement Class Member; (d) A written statement Member in connection with the preparation or submission of the objection(s) which must include a statement as to whether it applies only to objection or who may profit from the objector, to a specific subset pursuit of the Settlement Class, or to the entire Settlement Class, and also state with specificity the grounds for the objection, including any evidence and legal authority the Settlement Class Member wishes to bring to the Court’s attention; (e) Provide copies of any documents the objector wants the Court to consider; and (f) A statement as to states whether the objecting Settlement Class Member intends to appear at the final approval hearing. 4.25 In additionFinal Approval Hearing personally or through counsel, any Settlement Class Member objecting to the settlement who must file an appearance or seek pro hac vice admission. Any papers submitted in support of said objection shall file a sworn declaration listing all other objections submitted be received by the objector or the objector’s counsel to any class action settlements submitted in any court in the United States in the previous five (5) years. If the Settlement Class Member or his, her, or its counsel has not objected to any other class action settlement in the United States in the previous five years, he, she, or it shall affirmatively so state in the objection. 4.26 An objection must be filed with the Court if the objector is represented by counsel, or if not represented by counsel, must be sent to the Settlement Administrator via first-class mail, postage prepaid, and must also be served by first-class mail, postage prepaid, upon both of the following: Class Counsel at: Xxxx X. Xxxx 4.27 Subject to approval of the Court, any objecting Settlement Class Member may appear, in person or by counsel, at the Final Approval Hearing to argue why only if the proposed settlement should not be approved as fair, reasonable, and adequate, or to object to any petitions for Class Counsel Fees and Expenses Award and/or Services Awards. Any such objecting Settlement Class Member must shall, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Notice, (a) file copies of such papers he or she proposes to submit at the Final Approval Hearing with the Clerk of the Court if the objection is from an objecting Settlement Class Member who is not represented by his or her own counsel, (b) file copies of such papers through the Court’s CM/ECF system if the objection is from an objecting Settlement Class Member who is represented by his or her own counsel, and serve upon all counsel designated in (c) send copies of such papers by mail, hand, or overnight delivery service to both Class Counsel and NRG’s Counsel. Only Settlement Class Members who file such an objection and indicate that the Notice a notice of intention objecting Settlement Class Member intends to appear at the Final Approval Hearing may be heard by the objection deadline. The notice of intention to appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or the objecting Settlement Class Member's counsel) will present to the Court in connection with at the Final Approval Hearing. If a Settlement Class Member makes an objection and elects to appear at the Final Approval Hearing through counsel, the Settlement Class Member will be responsible for his or her own personal attorneys’ fees and costs. 5.2 Class Counsel shall file and serve a written response to any objection filed with the Court. NRG’s Counsel may, but shall not be required to, file and serve a written response to any objection filed with the Court. Responses to objections shall be filed and served no later than seven (7) days before the Final Approval Hearing. The failure to file and serve any such response shall not be deemed a concession that any objection is valid or has merit. 5.3 Any Settlement Class Member who does not provide a notice of intention to appear in accordance with fails on or before the deadlines Objection/Exclusion Deadline approved by the Court and other specifications set forth specified in the Notice, or who has not filed an Notice to file and serve a written objection in accordance with the deadlines pursuant to paragraph 5.1 above and other specifications set forth as detailed in the Notice shall not be permitted to object to this Settlement Agreement at the Final Approval Hearing, and the Notice, will shall be foreclosed from seeking any review of this Settlement Agreement by appeal or other means and shall be deemed to have waived his or her objections and be forever barred from making any such objections to in the settlement, subject to the discretion of the CourtAction or any other action or proceeding. 4.28 The submission of an objection allows Class Counsel and/or AHM’s Counsel to take 5.4 A Person within the deposition of the objecting Settlement Class Member pursuant may request to be excluded from the Federal Rules of Civil Procedure at an agreed-upon time and locationSettlement, and to obtain any evidence relevant to the objection. Failure by an objector to make himself or herself available for thus not become a deposition or comply with expedited discovery requests may result in the Court striking the objection. The Court may tax the costs of any such discovery to the objector or the objector’s counsel if the Court determines that the objection is frivolous or is made for an improper purpose. 4.29 Settlement Class Members may exclude themselves from the settlement (i.e.Member, “Opt- Out”), relinquishing their rights by sending a written request for exclusion to any benefits under the Settlement Agreement. A Settlement Class Member wishing to exclude himself, herself or itself must send the Settlement Administrator a letter postmarked by a date to be set on or before the Objection/Exclusion Deadline approved by the Court, which date request for exclusion must be personally signed by the Parties shall request the Court set forty-five (45) days after the Notice Date, containing: (1) the Settlement Class Member’s name, current address, and telephone number; (2) the approximate date of acquisition and VIN for his, her, or its Settlement Class Vehicle; and (3) a clear statement communicating that he, she, or it elects Person seeking to be excluded from the Settlement Class, and include his or her name and U.S. mailing address (as well as his or her former U.S. mailing address if his or her current U.S. mailing address is different from the U.S. mailing address listed on the Notice sent to the Person within the Settlement Class), the telephone number(s) at which he or she allegedly received a call regarding the sale or leasing of a residential solar panel system, the caption for the Action (i.e., Xxxxxx v. NRG Residential Solar Solutions LLC, Case No. 3:15-cv-05089 (D.N.J.)), and a statement that he or she wishes to be excluded from the Settlement Class. A request to be excluded that does not wish include all of the foregoing information, that is sent to an address other than that designated in the Notice, or that is not postmarked within the time specified, shall be invalid, and Persons serving such requests shall be deemed to remain Settlement Class Members and shall be bound by this Settlement Agreement, including the release set forth in section 3 above, if approved. 5.5 Any ambiguity as to whether a request to be a excluded includes the information required by paragraph 5.4 above to be valid shall be resolved by agreement of the Parties or, if the Parties cannot agree, by submission to Magistrate Judge Xxxxxxx for determination prior to the Final Approval Hearing without further right to appeal the issue. 5.6 Any Person within the Settlement Class Member and who elects to be excluded from any judgment entered pursuant to the settlement. Any request for exclusion must be postmarked on or before the deadline provided in the Notice. Settlement Class Members who fail to submit a valid and timely request for exclusion shall not: (a) be bound by any orders of the Court in this Action or the Final Judgment; (b) be entitled to relief under this Settlement Agreement. Class Counsel will confirm the participation ; (c) gain any rights by virtue of the Named Plaintiffs in the settlement in advance of execution of the this Settlement Agreement. 4.30 Any Settlement Class Member who submits a request for exclusion with a timely postmark has no standing to object to the settlement and shall be deemed to have waived any rights or benefits under the Settlement Agreement. If a Settlement Class Member files a Claim Form and also requests exclusion from the settlement, then the Settlement Class Member will remain in the Settlement Class and the request for exclusion will be deemed void. If a Settlement Class Member opts out and files a separate action based on the same or similar facts, in any tribunal, and also submits a Claim Form, the Settlement Class Member shall be deemed to be a member of the Settlement Class and his, her, or its claims shall be deemed Released Claims. 4.31 Not later than fourteen (14) days after the deadline for submission of requests for exclusion, the Settlement Administrator shall provide the Court, Class Counsel, and AHM’s Counsel with a list identifying each Settlement Class Member who submitted an exclusion request together with copies of the exclusion requests, and a declaration attesting to the completeness and accuracy thereof.; or