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 the designated Post Office box established by the Claims 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 the Opt-Out Date, as defined in ¶ 1.18. 4.2 All Persons who submit valid and timely notices of their intent to opt-out of 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 opt-out of 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 ten (10) days after the Opt-Out Date as approved by the Court, there have been more than 350 timely and valid Opt-Outs submitted, Defendants may, by notifying Proposed Settlement Class Counsel and the Court in writing, void his Settlement Agreement. If Defendants void the Settlement Agreement pursuant to this paragraph, Defendants shall be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and service awards.

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 the designated Post Office box established by the Claims 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 ¶ 1.18. 4.2 All Persons who submit valid and timely notices of their intent to opt-out of 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 opt-out of 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 that, within ten (10) days after the Opt-Out Date as approved by the Court, there have been more than 350 100 timely and valid Opt-Outs submitted, Defendants TMH may, by notifying Proposed Settlement Class Counsel and the Court in writing, void his this Settlement Agreement. If Defendants void TMH voids the Settlement Agreement pursuant to this paragraph, Defendants TMH shall be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and service awards.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Opt-Out Procedures. 4.1 3.1 Each Person Settlement Class Member 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 Settlement Administrator. The written notice must clearly manifest a Personthe Settlement Class Member’s intent to opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than 60 days after the Opt-Out Notice Date, as defined in ¶ 1.18. 4.2 3.2 All Persons who submit valid and timely notices of their intent to opt-out of the Settlement Class, as set forth in ¶ 4.1 3.1 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 opt-out of the Settlement Class in the manner set forth in ¶ 4.1 3.1 above shall be bound by the terms of this Settlement Agreement and Judgment entered thereon. 4.3 3.3 In the event that within ten (10) 14 days after the Opt-Out Date as approved by the Court, there have been more than 350 200 timely and valid Opt-Outs submitted, Defendants mayXxxxxx shall have the right, by notifying Proposed Settlement Class Counsel and the Court in writing, to void his this Settlement Agreement. If Defendants void Xxxxxx voids the Settlement Agreement pursuant to this paragraph, Defendants Xxxxxx shall be obligated to pay all settlement expenses already incurredincurred to date, excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and Counsel, and/or service awards.

Appears in 1 contract

Samples: Settlement Agreement

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Opt-Out Procedures. 4.1 Each Person Settlement Class member 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 Settlement Administrator. The written notice must clearly manifest a PersonSettlement Class Member’s intent to opt-out of be excluded from the Settlement Class. To be effective, written notice must be postmarked no later than 30 days before the Opt-Out Date, as defined in ¶ 1.18initial scheduled Final Approval Hearing. 4.2 All Persons Settlement Class members who submit valid and timely notices of their intent to opt-out of from the Settlement Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” Class shall not receive any benefits of and/or Settlement Class Member Benefits or be bound by the terms of this Settlement the Agreement. All Persons falling within the definition of the Settlement Class Members who do not opt-out of 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 ten (10) 10 days after the Opt-Out Date as approved by the CourtDeadline, there have been more than 350 100 timely and valid Optopt-Outs outs submitted, Defendants Xxxxxxxxx may, by notifying Proposed Settlement Class Counsel and the Court in writing, void his Settlement the Agreement. If Defendants void Xxxxxxxxx voids the Settlement Agreement pursuant to this paragraph, Defendants Xxxxxxxxx shall be obligated to pay all settlement Settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Proposed Settlement Class Counsel and service awardsService 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.

Appears in 1 contract

Samples: Settlement Agreement

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