Opt-Out Procedures. 4.1. Each Person wishing to opt-out of the Settlement Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator. Persons wishing to opt-out of the Settlement Class will only be able to submit an opt- out request on their own behalf; mass or class opt-outs will not be permitted. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than ninety (90) days after the date on which the Notice Program commences pursuant to ¶ 3.2. All opt-out requests sent to anyone other than the Claims Administrator, including requests previously sent to Proposed Class Counsel and/or PTHC’s counsel, are ineffectual and shall be deemed null and void.
4.2. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any benefits of and/or be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Proposed Class Counsel and PTHC’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). The Parties will have the same right to seek discovery from any objecting Settlement Class Member as they would if the objector was a party in the Litigation, including the right to take the objector’s deposition. Such discovery will be conducted on an expedited basis, and the objecting Settlement Class Member is required to respond to any written discovery within fourteen (14) days and must appear for deposition within fourteen (14) days after a deposition is noticed. No later than 10 days prior to the Final Approval Hearing, Class Counsel shall file this list of Opt-Out members with the Court for purposes of being attached to the Judgment to be entered upon Final approval.
4.4. In the event that there have been more Opt-Outs (persons who wish to be excluded) than listed in a separate letter agreement (to be shared with the Court under seal, if requested), PTHC may, by notifying Proposed Class Counsel in writin...
Opt-Out Procedures. Class Members who wish to opt out of and be excluded from the Settlement must submit a Request for Exclusion to the Class Administrator, postmarked no later than the Opt-Out Deadline. The Request for Exclusion must be personally completed and submitted by the Class Member or his or her attorney, and so-called “mass” or “class” opt-outs shall not be permitted or recognized. The Class Administrator shall periodically notify Class Counsel and Post’s counsel of any Requests for Exclusion. All Class Members who submit a timely, valid Request from Exclusion will be excluded from the Class and will not be bound by the terms of this Agreement, and all Class Members who do not submit a timely, valid Request for Exclusion will be bound by this Agreement and the Judgment, including the release in Paragraph 8.1 below.
Opt-Out Procedures. 4.1 Each Person wishing to opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to either of the designated Post Office boxes established by the Claims Administrator. The written notice must clearly manifest an intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked at least 21 days prior to the date set in the Notice for the Final Fairness Hearing.
4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall neither receive any benefits of nor be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class in the manner set forth in ¶ 4.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
Opt-Out Procedures. 4.1 Each Person wishing to opt-out of the Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator. The written notice must clearly manifest a Person’s intent to opt-out of the Class. To be effective, written notice must be postmarked no later than the Opt-Out Date, as defined in ¶ 1.19.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of the Class, as set forth in ¶ 1.19 above, referred to herein as “Opt-Outs,” shall not receive any benefits of and/or be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Class who do not validly opt-out of the Class shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.
4.3 If the Settlement Administrator receives more than 5,000 Opt-Outs from the Settlement, Defendant shall have the right to terminate the Settlement Agreement in its entirety. However, Defendant shall remain responsible for the payment of any administrative or notice costs already incurred.
Opt-Out Procedures. The Class Notice shall also provide that Settlement Class members who wish to exclude themselves (i.e., opt out) from the Settlement Class must mail a letter to the Settlement Administrator on or before the Objection/Opt- Out Deadline requesting exclusion from the Settlement Class. An Opt-Out request must: (i) be in writing; (ii) provide the Settlement Class member’s current address;
Opt-Out Procedures. Each Person wishing to opt-out of the Settlement Class shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator. Settlement Class Members may also mail or submit the exclusion form via the Settlement Website. The written notice must clearly manifest a Person’s intent to opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than thirty (30) Days after the Notice Date.
Opt-Out Procedures. 4.1 Each Settlement Class member wishing to opt-out of the Settlement shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator. The written notice must clearly manifest a Settlement Class Member’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than 30 days before the initial scheduled Final Approval Hearing.
4.2 All Settlement Class members who submit valid and timely notices of their intent to opt-out from the Settlement Class shall not receive any Settlement Class Member Benefits or be bound by the terms of the Agreement. All Settlement Class Members who do not opt-out of the Settlement Class shall be bound by the terms of this Agreement and Judgment entered thereon.
4.3 In the event that within 10 days after the Opt-Out Deadline, there have been more than 100 timely and valid opt-outs submitted, Xxxxxxxxx may, by notifying Class Counsel and the Court in writing, void the Agreement. If Xxxxxxxxx voids the Agreement pursuant to this paragraph, Xxxxxxxxx shall be obligated to pay all Settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and Service Awards and shall not, at any time, seek recovery of same from any other party to the action or from counsel to any other party to the Litigation.
Opt-Out Procedures. 5.1. Each Class Member wishing to opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to the Post Office box designated in the Long Notice and the Publication Notice. A written opt-out notice must clearly manifest a person’s intent to be excluded from the Settlement Class.
5.1.1. A written opt-out notice must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement Class; and the individual’s signature.
5.1.2. To be effective, a written opt-out notice must be postmarked no later than sixty (60) days from the Notice Deadline (the “Opt-Out Deadline”).
5.1.3. No later than fourteen (14) days prior to the final approval hearing, the Settlement Administrator shall provide the Parties with: (a) copies of all completed opt-out notifications, and (b) a final list of all who have timely and validly excluded themselves from the Settlement Class (the “Opt-Out Members”). No later than ten (10) days prior to the final approval hearing, Class Counsel shall file this list of Opt-Out Members with the Court for purposes of being attached to the Judgment.
5.2. The Opt-Out Members shall not be eligible to receive any Settlement Benefits under, and shall not be bound by the terms of, this Settlement Agreement or the Judgment. The Opt-Out Members shall also waive and forfeit any and all rights they may have to appear separately regarding and/or to object to the Settlement Agreement. All Class Members other than the Opt- Out Members shall be bound by the terms of this Settlement Agreement and the Judgment.
Opt-Out Procedures. 59. Each person wishing to opt-out of the Settlement Class shall individually sign and timely submit written notice of such intent (a “Request for Exclusion”) to the designated Post Office box established by the Settlement Administrator. The written notice must (i) identify the case name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx
Opt-Out Procedures. 2 4.1 Each Person wishing to opt-out of the Settlement Class shall individually sign and timely 3 submit written notice of such intent to the designated Post Office box established by the Claims
