Common use of Opt-Out Procedures Clause in Contracts

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. 4.1 Each Settlement Class member 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 Settlement Class MemberPerson’s intent to be excluded from opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than 30 sixty (60) days before after the initial scheduled Final Approval HearingNotice Commencement Date. 4.2 All Settlement Class members Persons who submit valid and timely notices of their intent to opt-out from of the Settlement Class Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any Settlement Class Member Benefits or benefits of and/or be bound by the terms of the this Settlement 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 that, within 10 ten (10) days after the Opt-Out DeadlineDate as approved by the Court, there have been more than 100 timely and valid optOpt-outs Outs submitted, Xxxxxxxxx TMH may, by notifying Proposed Settlement Class Counsel and the Court in writing, void the this Settlement Agreement. If Xxxxxxxxx TMH voids the Settlement Agreement pursuant to this paragraph, Xxxxxxxxx TMH 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 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 Litigationservice awards.

Opt-Out Procedures. 4.1 3.1 Each Settlement Class member 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 Settlement Administrator. The written notice must clearly manifest a the Settlement Class Member’s intent to be excluded from opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than 30 60 days before after the initial scheduled Final Approval HearingNotice Date. 4.2 3.2 All Settlement Class members Persons who submit valid and timely notices of their intent to opt-out from of the Settlement Class Class, as set forth in ¶ 3.1 above, referred to herein as “Opt-Outs,” shall not receive any Settlement Class Member Benefits or benefits of and/or be bound by the terms of the this Settlement 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 ¶ 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 10 14 days after the Opt-Out DeadlineDate as approved by the Court, there have been more than 100 200 timely and valid optOpt-outs Outs submitted, Xxxxxxxxx mayXxxxxx shall have the right, by notifying Settlement Class Counsel and the Court in writing, to void the this Settlement Agreement. If Xxxxxxxxx Xxxxxx voids the Settlement Agreement pursuant to this paragraph, Xxxxxxxxx Xxxxxx shall be obligated to pay all Settlement settlement expenses already incurredincurred to date, excluding any attorneys’ fees, costs, and expenses of Class Counsel and Service Awards and shall notCounsel, at any time, seek recovery of same from any other party to the action or from counsel to any other party to the Litigationand/or service awards.

Opt-Out Procedures. 4.1 Each Settlement Class member 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 Settlement Class MemberPerson’s intent to be excluded from opt-out of the Settlement Class. To be effective, written notice must be postmarked no later than 30 days before the initial scheduled Final Approval HearingOpt-Out Date, as defined in ¶ 1.18. 4.2 All Settlement Class members Persons who submit valid and timely notices of their intent to opt-out from of the Settlement Class Class, as set forth in ¶ 4.1 above, referred to herein as “Opt-Outs,” shall not receive any Settlement Class Member Benefits or benefits of and/or be bound by the terms of the this Settlement 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 10 ten (10) days after the Opt-Out DeadlineDate as approved by the Court, there have been more than 100 350 timely and valid optOpt-outs Outs submitted, Xxxxxxxxx Defendants may, by notifying Proposed Settlement Class Counsel and the Court in writing, void the his Settlement Agreement. If Xxxxxxxxx voids Defendants void the Settlement Agreement pursuant to this paragraph, Xxxxxxxxx Defendants 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 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 Litigationservice awards.