Opt-Out Requests Clause Samples

Opt-Out Requests. Each Holder shall have the right, at any time and from time to time (including after receiving information regarding any potential public offering), to elect by giving ten (10) business days’ notice to the Corporation to not receive any notice that the Corporation or any other Holders otherwise are required to deliver pursuant to this Agreement by delivering to the Corporation a written statement signed by such Holder that it does not want to receive any notices hereunder (an “Opt-Out Request”); in which case and notwithstanding anything to the contrary in this Agreement, subject to applicable law, the Corporation and other Holders shall not be required to, and shall not deliver any notice or other information required to be provided to Holders hereunder to the extent that the Corporation reasonably expects would result in a Holder acquiring material non-public information within the meaning of Regulation FD promulgated under the Exchange Act; provided, however, that any notices or information required to effect the provisions of Section 5 shall not be deemed subject to any Opt-Out Request. An Opt-Out Request may state a date on which it expires or, if no such date is specified, shall remain in effect indefinitely. A Holder who previously has given the Corporation an Opt-Out Request may revoke such request at any time by giving ten (10) business days’ notice to the Corporation, and there shall be no limit on the ability of a Holder to issue and revoke subsequent Opt-Out Requests; provided that each Holder shall use commercially reasonable efforts to minimize the administrative burden on the Corporation arising in connection with any such Opt-Out Requests. By: Name: Title: Holder: NEW ENTERPRISE ASSOCIATES 15, L.P. By: NEA Partners 15, L.P., its general partner By: NEA 15 GP, LLC, its general partner By: Name: Title: By: Name: Title: Holder: NEW ENTERPRISE ASSOCIATES 16, L.P. By: NEA Partners 16, L.P., its general partner By: NEA 16 GP, LLC, its general partner By: Name: Title: Holder: NEW ENTERPRISE ASSOCIATES 17, L.P. By: NEA Partner 17, L.P. By: NEA 17 GP, LLC By: Name: Title: By: NEA Partners 18 VGE, L.P. By: NEA 18 VGE GP, LLC By: Name: Title: By: Deer IX & Co. L.P., its general partner By: Deer IX & Co. Ltd., its general partner By: Name: Title: By: Deer IX & Co. L.P., its general partner By: Deer IX & Co. Ltd., its general partner By: Name: Title: By: Deer IX & Co. L.P., its general partner By: Deer IX & Co. Ltd., its general partner By: Name: Title:...

Opt-Out Requests. Subject to Sections 3(a), 3(b) and 4(b), each Holder shall have the right, at any time and from time to time (including after receiving information regarding any potential public offering), to elect to not receive any notice that the Company or any other Holders otherwise are required to deliver pursuant to this Agreement regarding a Demand Registration or Shelf Offering by delivering to the Company a written statement signed by such Holder that it does not want to receive any such notices hereunder (an “Opt-Out Request”); in which case, and notwithstanding anything to the contrary in this Agreement, the Company and other Holders shall not be required to, and shall not, deliver any such notice or other related information required to be provided to Holders hereunder to the extent that the Company or such

Opt-Out Requests. Each Investor Party shall have the right, at any time and from time to time (including after receiving information regarding any potential public offering), to elect to not receive any notice that the Company or any other Investor Party otherwise are required to deliver pursuant to this Agreement by delivering to the Company a written statement signed by such Investor Party that it does not want to receive any notices hereunder (an “Opt-Out Request”); in which case and notwithstanding anything to the contrary in this Agreement the Company and other Investor Parties shall not be required to, and shall not, deliver any notice or other information required to be provided to such Investor Party hereunder to the extent that the Company or such other Investor Parties reasonably expect would result in such Investor Party acquiring material non-public information within the meaning of Regulation FD promulgated under the Exchange Act. An Opt-Out Request may state a date on which it expires or, if no such date is specified, shall remain in effect indefinitely. An Investor Party that previously has given the Company an Opt-Out Request may revoke such request at any time, and there shall be no limit on the ability of an Investor Party to issue and revoke subsequent Opt-Out Requests; provided that each Investor Party shall use commercially reasonable efforts to minimize the administrative burden on the Company arising in connection with any such Opt-Out Requests.

Opt-Out Requests. If any Class Member wishes to Opt-Out from (in other words, be excluded from) this Settlement, the Class Member may do so by completing the online exclusion form at the Settlement Website; downloading and submitting to the Settlement Administrator a completed exclusion form; or submitting a valid request to exclude themselves, as described in the Notice to the Settlement Administrator. Opt-Out requests must be postmarked

Opt-Out Requests. The Junk F ax Prote ction Act provides that the sen der o f a facsimile i s s olely resp onsible for opt-out notice compliance and ▇▇▇ ▇▇▇ liab le for any viol ations. A Cu stomer may, how ever, voluntarily elect to retain a third party to accept opt out requests. This is an ancillary service offered by WestFax, is done automatically and i s free of charge. The Junk F ax Pr otection Act provide s that the third party need only accept and forward do-not-fax requests and is not advising, involved, resp onsible or liable to the Customer or any other party for such services.

Opt-Out Requests. If any Settlement Class Member wishes to opt-out (in other words, be excluded from) the settlement, the Class Member may do so by completing the online exclusion form at the Settlement Website or downloading and submitting the exclusion form to the Claims Administrator via first-class mail at [address]. Opt-out requests must be received by the Opt-Out Deadline or they shall not be valid. Settlement Class Members who elect to opt-out from the settlement shall not be permitted to object to or intervene in this Settlement, or to submit a claim for a Settlement Benefit. So-called “mass” or “class” opt-outs shall not be allowed. For the avoidance of doubt, any Settlement Class Member who does not timely opt-out of this settlement will be deemed a member of and will be included within the Settlement Class, and subject to the releases contained in Section VII, without any action on his or her part.

Opt-Out Requests. Exclusion requests must be made in writing, state that the Class Member has chosen to opt out of or exclude itself from the Settlement Class, and include the name of this action; the full name, address, and telephone number of the Settlement Class Member; the name, address, email address, telephone number, position, and signature of the individual who is acting on behalf of the Settlement Class Member; and the number of Alerted-On Payment Card Accounts issued by the Settlement Class Member. A request to opt out shall be considered valid only if the Class Member completes and signs the request for exclusion that includes all the information described in the prior sentence, and sends such letter to the Settlement Administrator at the address provided in the Notice attached as Exhibit 4, postmarked no more than ninety (90) days after the date the Preliminary Approval Order is entered. Each Class Member that submits a request to opt out in accordance with this Section 4.3.1 shall be excluded from the Settlement Class. No request to opt out of the Settlement shall be valid unless the Class Member requests to be excluded from the Settlement Class in accordance with the procedures set forth herein. Each Class Member that does not submit a valid request to opt out shall remain in the Settlement Class and shall be bound by the Settlement and the release provided in Section 6 of this Agreement.

Opt-Out Requests. Class Members other than the Class Representatives may opt out of the Settlement by submitting an Opt-Out Request to the Settlement Administrator no later than March 7, 2018. To be valid, an Opt-Out Request must contain the name, company name (if applicable), address, email address, telephone number, serial number(s), and in the case of Class Members not described in Section 3.8(a) proof of the date of purchase for the Class Member’s qualifying Vita-Mix blender(s). Each Class Member seeking exclusion from the Settlement must personally sign the Opt-Out Request. No Opt-Out Request may be signed electronically. No Class Member may opt out by a request signed by an actual or purported agent or attorney acting on behalf of a group of Class Members. No Opt-Out Request may be made on behalf of a group of Class Members. Class Members who do not submit a timely, personally signed, valid Opt- Out Request will be bound by the Settlement and this Agreement, including the release of Released Claims. Class Members who timely submit a valid, personally signed Opt-Out Request will have no further role in this Settlement and will not be bound by this Agreement; accordingly, such Class Members will not be permitted to assert an objection to the Settlement or this Agreement and will receive no benefit described in Section VI of this Agreement. The Settlement Notice, the Short Form Settlement Notice, the FAQ, and the Publication Notice will advise Class Members of their ability to opt out of the Settlement and of the consequences of opting out of the Settlement. Neither the Parties nor their counsel will solicit any Class Member to submit an Opt-Out Request.

Opt-Out Requests. Any Class Member, other than any Class Representative, may elect to be excluded from this Settlement and from the Settlement Class by Opting-Out of the Settlement Class. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to Opt-Out no later than sixty (60) days after the Notice Date (the “Opt-Out Deadline”), with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Defendant. Opt-Out requests must: (a) be signed by the Class Member who is requesting