Common use of OBJECTIONS BY CLASS MEMBERS Clause in Contracts

OBJECTIONS BY CLASS MEMBERS. A. Any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objection. B. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Class Members’ objections to the Settlement Agreement, in accordance with such Class Members’ due process rights. The Preliminary Approval Order and Class Notice will require all Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendant’s Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. C. In accordance with law, only Class Members who object to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Class Member who wishes to appeal Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in any amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY CLASS MEMBERS. A. Any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objection. B. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Class Membersmembers’ objections to the Settlement Agreement, in accordance with such Settlement Class Membersmembers’ due process rights. . B. The Preliminary Approval Order and Class Notice will require all Notices shall provide that any Class Members Member who have any objections to file such notice of objection or request wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a Notice of Objection with the Clerk Prothonotary by the Objection Date. Such Notice of Objection, along with any supporting documentation, shall be filed under seal to preserve confidentiality under 18 Pa.C.S. § 6111(i), must be signed and dated by the objector, and shall contain the case caption, including case number, the name, address and telephone number of the Courtperson objecting, a statement that the objecting person is a member of the Class, and serve a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, and shall have appended to it any documents such person wishes to be considered in support of the objection. A copy of the Notice of Objection, along with any appended documentation, must, upon filing, be immediately provided by the objector via mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendant’s to Defendants’ Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. . C. The Preliminary Approval Order and Class Notices will further provide that objectors who fail to properly or timely file their objections with the Clerk a Notice of the CourtObjection, along with the required information and documentation set forth above, or to serve them as provided above above, shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. The Preliminary Approval Order and Class Notices will also provide that by fling a Notice of Objection or by appearing at the Final Approval Hearing, objectors will not be considered to have waived any existing claim or right to confidentiality that may exist pursuant to 18 Pa.C.S. § 6111(i). C. D. In accordance with the law, only Class Members members who object have objected to the Settlement pursuant to the terms immediately above may appeal any from the Final JudgmentApproval Order. The proposed Final Judgment Approval Order shall provide that any Class Member member who wishes to appeal the Final JudgmentApproval Order, which appeal will delay the distribution of the Settlement payments to the Class, shall post a an appropriate bond with this Court in any an amount to be determined by the Court as a condition of prosecuting such appeal and of sufficient amount to compensate the Class members for the delay, including but not limited to, the loss of use of the Settlement funds during the pendency of the appeal.

OBJECTIONS BY CLASS MEMBERS. A. Any 7.1. The Parties will request that the Court enter an order requiring any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must to file a written notice of objection by with the Court no later than twenty (20) days prior to the Final Approval Hearing (“Objection Date”). Such objection objections shall state the name, address and telephone number of the person, whether the person is represented by counsel or has consulted with counsel, and provide proof of membership in the Settlement Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objectionconsidered. B. 7.2. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Class Members’ Member’s objections to the Settlement Agreement, in accordance with such Class Members’ Member’s due process rights. The Preliminary Approval Order and Class Long Form Notice will require all Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heardheard upon the Settlement Administrator, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendant’s Counsel, Defendants’ Counsel at the addresses set forth in the Class Long Form Notice, by no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. C. In accordance with law, only Class Members who object to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Class Member who wishes to appeal Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in any amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY CLASS MEMBERS. A. Any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection shall state the name, address and telephone number of the person and provide proof of membership in the Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objection. B. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Class Members’ objections to the Settlement Agreement, in accordance with such Class Members’ due process rights. The Preliminary Approval Order and Class Notice will require all Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendant’s ’ Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. C. In accordance with law, only Class Members who object to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Class Member who wishes to appeal Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in any amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY CLASS MEMBERS. A. 8.1. Any Class Member who does not timely opt-out and who wishes to be heard orally at the Final Approval Hearing, Hearing or who wishes for any objection to be considered, must file a written notice of objection considered by the Objection DateCourt must submit such objection to the Settlement Administrator. Such The Settlement Administrator shall deliver such objections to Class Counsel and Defense Counsel as they are received for submission to the Court. These objections and any requests to be heard are to be filed by Class Counsel with the court and served twenty-five (25) days prior to the Final Approval Hearing, as set forth in the Class Notice. The written objections shall identify the objecting Class Member and state any and all objections and the basis for those objections. 8.2. The purpose of this time limit of requiring the written objection shall and request to be heard twenty-five (25) days prior to the Final Approval Hearing is to provide reasonable notice to the Parties and to the Court that there is an objection and the basis of the objection so that the Parties and the Court will have a reasonable time to consider and address it and, if warranted, consider alternatives. 8.3. To state a valid objection to this Agreement, an objecting Class Member must include in their objection: (i) the objecting Class Member’s full name, current address and current telephone number number; (ii) a complete statement of the person and provide proof of membership in position(s) the Class, as well as a detailed statement of each objection assertedobjector wishes to assert, including the factual and legal grounds for objection and reasons for appearing and being heard, together with the position; and (iii) provide copies of any other documents such person that the objector wishes to be considered submit in support of his/her position. Subject to approval of the objectionCourt, any objecting Class Member may appear, in person or by counsel, at the Final Approval Hearing held by the Court, to show cause why the proposed Agreement should not be approved as fair, adequate, and reasonable, or object to any requests for attorneys’ fees and reimbursement of litigation costs and expenses. B. 8.4. If the objecting Class Member submits an objection to the Settlement Administrator and a request to be heard, Class Counsel shall file with the Clerk of the Court any request to be heard at the Final Approval Hearing (“Notice of Intention to Appear”), on behalf of all Class Members who intend to appear, by no later than twenty-five (25) days before the hearing on the Motion for Final Approval. The agreed-upon procedures and requirements for filing objections Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objecting Class Member (or his/her counsel) will present to the Court in connection with the Final Approval Hearing are intended to ensure Hearing. 8.5. Class Counsel agrees that they will be responsible for defending the efficient administration of justice and the orderly presentation of any Class Members’ objections to the Settlement Agreement, in accordance with such Class Members’ due process rights. The Preliminary Court’s Final Approval Order and if there is an appeal. Defendants may make a filing that joins Class Notice will require all Class Members who have any objections to file such notice Counsel’s defense of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendant’s Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above shall not be heard during the Final Approval HearingOrder or may elect to file its own separate brief. Any fees and costs incurred by Class Counsel in such appeals, nor shall their objections be considered including fees and costs incurred to settle any claims by objectors, are the Courtsole responsibility of Class Counsel. C. In accordance with law, only Class Members who object to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Class Member who wishes to appeal Final Judgment, which appeal will delay the distribution of the Settlement to the Class, shall post a bond with this Court in any amount to be determined by the Court as a condition of prosecuting such appeal.

OBJECTIONS BY CLASS MEMBERS. A. Any Class Member who wishes to be heard orally at the Final Approval Hearing, or who wishes for any objection to be considered, must file a written notice of objection by the Objection Date. Such objection The Notices shall state the name, address and telephone number of the person and provide proof of membership in the Class, as well as a detailed statement of each objection asserted, including the grounds for objection and reasons for appearing and being heard, together with any documents such person wishes to be considered in support of the objection. B. The agreed-upon procedures and requirements for filing objections in connection with the Final Approval Hearing are intended to ensure the efficient administration of justice and the orderly presentation of any Class Members’ objections to the Settlement Agreement, in accordance with such Class Members’ due process rights. The Preliminary Approval Order and Class Notice will require all Class Members who have any objections to file such notice of objection or request to be heard with the Clerk of the Court, and serve by mail or hand delivery such notice of objection or request to be heard, including all papers or evidence in support thereof, upon one of the Class Counsel and Defendant’s Counsel, at the addresses set forth in the Class Notice, no later than the Objection Date. The Preliminary Approval Order will further provide that objectors who fail to properly or timely file their objections with the Clerk of the Court, along with the required information and documentation set forth above, or to serve them as provided above shall not be heard during the Final Approval Hearing, nor shall their objections be considered by the Court. C. In accordance with law, only Class Members who object to the Settlement pursuant to the terms immediately above may appeal any Final Judgment. The proposed Final Judgment shall provide that any Class Member who wishes to appeal Final Judgment, which appeal will delay appear to oppose the distribution reasonableness and fairness of the Settlement at the Fairness Hearing must file with the Court an objection in writing, stating the basis of the objection. Objections must also be served on Class Counsel and counsel for Porcelana by the stated deadline. Any objections must include (i) the Class Member’s full name and current address and telephone number; (ii) the model number and serial number of the Class Tank the Class Member owns or owned, with documentary proof of ownership, as described in section IV a description of all of the Class Member’s objections, the specific reasons therefore, and any and all supporting papers, including, without limitation, all briefs, written evidence, and declarations; and (iii) the Class Member’s signature. B. Class Members submitting objections who wish to appear either personally or through counsel at the Fairness Hearing and present their objections to the ClassCourt orally must include a written statement of intent to appear at the Fairness Hearing in the manner prescribed by the Notice. Only Class Members who specify in their objections that they intend to appear personally or through counsel at the Fairness Hearing will have the right to present their objections orally at the Fairness Hearing. Settlement Class Members who do not submit timely written objections will not be permitted to present their objections at the Fairness Hearing. C. Any Class Member who does not so object by the timely filing and delivery of an objection (pursuant to the procedures set forth in the Notice) to the Court and to counsel for the Parties, shall post a bond with this Court in be deemed to have waived, and shall forever be foreclosed from raising, any amount objection to be determined by the Court as a condition of prosecuting such appealSettlement.