Common use of Opt-Out Procedures Clause in Contracts

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.

Appears in 2 contracts

Samples: Settlement Agreement (TJX Companies Inc /De/), Settlement Agreement (TJX Companies Inc /De/)

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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 boxes box established by the Claims Administrator. The written notice must clearly manifest an a Person's intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked at least 21 no later than sixty (60) days prior to after the date set in on which the Notice for the Final Fairness HearingCourt enters a Preliminary Approval Order. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class, as set forth in 1 4.1 above, referred to herein as "Opt-Outs," shall neither not receive any benefits of nor 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 14.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.

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 boxes box established by the Claims Settlement Administrator. The written notice must clearly manifest an a Person’s intent to be excluded from opt-out of the Settlement Class. To be effective, written notice must be postmarked at least 21 no later than sixty (60) days prior to the date set in after the Notice for the Final Fairness HearingCommencement Date. 4.2 All Persons who submit valid and timely notices of their intent to be excluded from opt-out of the Settlement Class, as set forth in ¶ 4.1 aboveParagraph 4.1, referred to herein as “Opt-Outs,” shall neither not receive any benefits of nor 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 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.

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 boxes box established by the Claims Settlement Administrator. The written notice must clearly manifest an a Person’s intent to be excluded from the Settlement Class. To be effective, written notice must be postmarked at least 21 no later than 60 days prior to after the date set in on which the Notice for the Final Fairness Hearingnotice program commences pursuant to ¶ 3.2(d). 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 not receive any Settlement benefits of nor of, and will not be bound by by, the terms of this Settlement Agreement. All Persons falling within the definition of the Settlement Class who do not submit a valid and timely 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 In the event that within 10 days after the Opt-Out Date, there have been requests for exclusions totaling more than 40 individuals, Defendant shall have the right to terminate the Settlement Agreement in its entirety.

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 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 ¶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 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 ¶4.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon.

Appears in 1 contract

Samples: Settlement Agreement

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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 box 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 twenty-one (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.

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 boxes box established by the Claims Settlement Administrator. The written notice must clearly manifest an a Person’s intent to be excluded from opt-out of the Settlement Class. To be effective, written notice must be postmarked at least 21 no later than sixty (60) days prior to the date set in after the Notice for the Final Fairness HearingCommencement Date. 4.2 All Persons who submit valid Xxxxx and timely notices of their intent to be excluded from opt-out of the Settlement Class, as set forth in Paragraph 4.1 above, referred to herein as “Opt-Outs,” shall neither not receive any benefits of nor 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 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.

Appears in 1 contract

Samples: Settlement Agreement

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