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.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Opt-Out Procedures. 4.1 Each Person wishing to opt-opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to either of the designated Post Office box boxes established by the Settlement Claims Administrator. The written notice must clearly manifest a Person’s an intent to opt-out of be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than at least 21 days prior to the Opt-Out Date, as defined date set in ¶ 1.19the Notice for the Final Fairness Hearing.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of be excluded from the Settlement Class, as set forth in ¶ 1.19 4.1 above, referred to herein as “Opt-Outs,” shall not neither receive any benefits of and/or nor be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not validly opt-out of 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 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.
Appears in 2 contracts
Samples: Settlement Agreement (TJX Companies Inc /De/), Settlement Agreement (TJX Companies Inc /De/)
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 Settlement Claims Administrator. The written notice must clearly manifest a Person’s 's intent to opt-out of be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than sixty (60) days after the Opt-Out Date, as defined in ¶ 1.19date on which the Court enters a Preliminary Approval Order.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of be excluded from the Settlement Class, as set forth in ¶ 1.19 1 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 validly opt-out of request to be excluded from the Settlement Class in the manner set forth in 14.1 above 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.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1 Each Person wishing to opt-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 Settlement Claims Administrator. The written notice must clearly manifest a Person’s an intent to opt-out of be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than at least twenty-one (21) days prior to the Opt-Out Date, as defined date set in ¶ 1.19the Notice for the Final Fairness Hearing.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of be excluded from the Settlement Class, as set forth in ¶ 1.19 4.1 above, referred to herein as “Opt-Outs,” shall not neither receive any benefits of and/or nor be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not validly opt-out of 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 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.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedures. 4.1 Each Person wishing to opt-opt out of the Settlement Class shall individually sign and timely submit written notice of such intent to either of the designated Post Office box boxes established by the Settlement Claims Administrator. The written notice must clearly manifest a Person’s an intent to opt-out of be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than at least 21 days prior to the Opt-Out Date, as defined date set in ¶ 1.19the Notice for the Final Fairness Hearing.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of be excluded from the Settlement Class, as set forth in ¶ 1.19 ¶4.1 above, referred to herein as “Opt-Outs,” shall not share in the distribution of the Settlement Fund and shall neither receive any benefits of and/or nor be bound by the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not validly opt-out of 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 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.
Appears in 1 contract
Samples: Settlement Agreement
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 Settlement Administrator. 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 sixty (60) days after the Opt-Out Notice Commencement Date, as defined in ¶ 1.19.
4.2 All Persons who submit valid Xxxxx and timely notices of their intent to opt-out of the Settlement Class, as set forth in ¶ 1.19 Paragraph 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 validly opt-out of the Settlement Class in the manner set forth in Paragraph 4.1 above 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.
Appears in 1 contract
Samples: Settlement Agreement
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 Settlement Administrator. 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 sixty (60) days after the Opt-Out Notice Commencement Date, as defined in ¶ 1.19.
4.2 All Persons who submit valid and timely notices of their intent to opt-out of the Settlement Class, as set forth in ¶ 1.19 aboveParagraph 4.1, 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 validly opt-out of the Settlement Class in the manner set forth in Paragraph 4.1 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.
Appears in 1 contract
Samples: Settlement Agreement
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 be excluded from the Class. To be effective, written notice must be postmarked no later than 60 days after the Opt-Out Date, as defined in date on which the notice program commences pursuant to ¶ 1.193.2(d).
4.2 All Persons who submit valid and timely notices of their intent to opt-out of be excluded from the Class, as set forth in ¶ 1.19 4.1 above, referred to herein as “Opt-Outs,” shall not receive any Settlement benefits of and/or of, and will not be bound by by, the terms of this Settlement Agreement. All Persons falling within the definition of the Class who do not validly opt-out of submit a valid and timely request to be excluded from the 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 If In the Settlement Administrator receives event that within 10 days after the Opt-Out Date, there have been requests for exclusions totaling more than 5,000 Opt-Outs from the Settlement40 individuals, 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.
Appears in 1 contract
Samples: Settlement Agreement