Common use of Opt-Out Procedures Clause in Contracts

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.

Appears in 1 contract

Samples: Settlement Agreement

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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 designated Post Office box designated in established by the Long Notice and the Publication NoticeSettlement Administrator. A The written opt-out notice must clearly manifest a person’s intent to be excluded from the Settlement Class. 5.1.1. A The 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) 120 days from the Notice Deadline (date of entry of the “Opt-Out Deadline”)Preliminary Approval Order. 5.1.3. No later than fourteen (14) 130 days prior to from the final approval hearingdate of entry of the Preliminary Approval Order, 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) 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 JudgmentJudgment to be entered upon final approval. 5.2. The Opt-Out All Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not be eligible to receive any Settlement Benefits under, and shall not under or be bound by the terms of, of this Settlement Agreement or Agreement. All Class Members who submit valid and timely notices of their intent to be excluded from the Judgment. The Opt-Out Members Settlement Class shall also waive and forfeit any and all rights they he or she may have to appear separately regarding and/or to object to the Settlement Agreement. All Class Members other than who do not submit valid and timely notices of their intent to be excluded from the Opt- Out Members Settlement Class shall be bound by the terms of this Settlement Agreement and the JudgmentJudgment entered thereon.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Out Procedures. 5.1. Each Class Member 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 designated in established by the Long Notice and the Publication NoticeSettlement Administrator. A The written opt-out notice must clearly manifest a person’s intent to be excluded from the Settlement Class. 5.1.1. A The 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) 120 days from the Notice Deadline (date of entry of the “Opt-Out Deadline”)Preliminary Approval Order. 5.1.3. No later than fourteen (14) 130 days prior to from the final approval hearingdate of entry of the Preliminary Approval Order, the Settlement Administrator shall provide the Parties with: (a) copies of all completed opt-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) 10 days prior to the final approval hearingFinal Approval Hearing, Class Counsel shall file this list of Opt-Out Members with the Court for purposes of being attached to the JudgmentJudgment to be entered upon final approval. 5.2. The Opt-Out All Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not be eligible to receive any Settlement Benefits under, and shall not under or be bound by the terms of, of this Settlement Agreement or Agreement. All Class Members who submit valid and timely notices of their intent to be excluded from the Judgment. The Opt-Out Members Settlement Class shall also waive and forfeit any and all rights they he or she may have to appear separately regarding and/or to object to the Settlement Agreement. All Class Members other than who do not submit valid and timely notices of their intent to be excluded from the Opt- Out Members Settlement Class shall be bound by the terms of this Settlement Agreement and the JudgmentJudgment entered thereon.

Appears in 1 contract

Samples: Settlement Agreement

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Opt-Out Procedures. 5.1. 8.01 Each 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 designated in established by the Long Notice and Settlement Administrator or submitted electronically on the Publication NoticeSettlement Website. A The written opt-opt out notice must clearly manifest a person’s intent to be excluded from the Settlement Class. 5.1.1. A a. The written opt-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. b. To be effective, a written opt-opt out notice must be postmarked no later than sixty one hundred and twenty (60120) days from the Notice Deadline (the “Opt-Out Deadline”)Preliminary Approval Date. 5.1.3. No later than fourteen (14) days prior to the final approval hearing, the c. The Settlement Administrator shall provide the Parties with: (a) with copies of all completed opt-opt- out notifications, and (b) a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class (Counsel may move to file under seal with the “Opt-Out Members”). No Court 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 JudgmentFinal Approval Hearing. 5.2. The Opt8.02 No person may request to be excluded from the Settlement Class through “mass” or “class” opt-Out Members outs. 8.03 All persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not be eligible to receive any Settlement Benefits under, and shall not benefits of or be bound by the terms of, of this Settlement Agreement or Agreement. 8.04 All persons falling within 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 definition of the Settlement Agreement. All Class Members other than who do not submit valid and timely notices of their intent to be excluded from the Opt- Out Members Settlement Class shall be bound by the terms of this Settlement Agreement and the JudgmentJudgment entered thereon.

Appears in 1 contract

Samples: Settlement Agreement

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