Common use of Opt-Out Rights Clause in Contracts

Opt-Out Rights. 8.1 Except for those persons who properly request exclusion as described below, all members of the Class will be deemed Settlement Class Members for all purposes under this Agreement. Any person who properly requests exclusion shall not be entitled to relief or other benefits under this Agreement, shall not be entitled to object to any aspect of this Agreement, and shall not be affected by this Agreement. 8.2 A member of the Settlement Class may request to be excluded from the Settlement Class in writing by a postmarked request sent via postal mail, or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection and Exclusion Deadline. In order to exercise the right to be excluded via postal mail, a member of the Settlement Class must timely send a written request for exclusion to the Settlement Administrator providing his/her name, address, and telephone number; the name and number of this case; a statement that he/she wishes to be excluded from the Settlement Class; and a handwritten signature. A request to be excluded that is sent to an email address other than that designated in the Class Notice, or that is not electronically submitted or postmarked as required herein and within the time specified, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. The request for exclusion must be personally signed only by the person requesting exclusion (except for requests for exclusion by Settlement Class Members under the age of eighteen (18), which may be submitted and signed by the person’s parent or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian). 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be allowed.

Opt-Out Rights. 8.1 Except for those persons who properly request exclusion as described below, all members of the (a) The Class will be deemed Notice shall permit Settlement Class Members for all purposes under this Agreement. Any person who properly requests exclusion shall to exclude themselves from the Settlement Classes and not to be entitled to relief or other benefits under bound by this Agreement, shall not be entitled to object to any aspect of this Agreementif, within such time as is ordered by the Court and shall not be affected by this Agreement. 8.2 A member of contained in the Class Notice, the Settlement Class may request Member either: (i) signs and mails a notice of intention to be excluded from the Settlement Class in writing by a postmarked request sent via postal mail, or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection and Exclusion Deadline. In order to exercise the right to be excluded via postal mail, a member of the Settlement Class must timely send a written request for exclusion opt out to the Settlement Administrator providing his/her (in no particular format, but which contains the Settlement Class Member’s name, address, and telephone numbernumber and the words “opt out,” “exclusion,” or words to that effect clearly indicating an intent not to participate in the settlement); or (ii) completes and electronically submits the name and number opt-out form on the Settlement Website. If there is more than one account holder on an Account, all account holders must execute the notice of this case; a statement that he/she wishes intention to opt out for the opt-out to be excluded effective. If necessary, the Parties shall confer as to whether a communication from the a Settlement Class; and Class Member is a handwritten signature. A request to be excluded that is sent opt out, and shall inform the Court of their position at the Final Approval Hearing. In no event shall any notice in which a Settlement Class Member purports to an email address opt out any other than that designated in the Class Noticeperson (including any group, aggregate, or that is not electronically submitted or postmarked as required herein and within the time specified, shall be invalid and the person serving such a request shall class involving more than one Settlement Class Member) be considered a member valid opt-out. Individuals are not permitted to exclude other individuals, and if there is a group of the opt-outs, each individual Settlement Class and shall be bound as Member must evidence his or her intent by complying with the procedures above. Any opt-out submitted by a Settlement Class Members by the Agreement, if approved. The request for exclusion must be personally signed only by the person requesting exclusion (except for requests for exclusion by Settlement Class Members under the age of eighteen (18), which may be submitted and signed by the person’s parent or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian). 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties Member on behalf of a “mass” group, aggregate, or “class” of putative class shall be deemed valid as to that Settlement Class Members Member only, and shall be invalid as to the group, aggregate, or multiple putative class. (b) The Class Notice shall provide that requests by any Settlement Class Members where no personal statement has been signed Member to opt out of the Settlement must either be (i) mailed to the Settlement Administrator postmarked by each the Opt-Out and every individual Objection Deadline, or (ii) submitted on the Settlement Website by the Opt-Out and Objection Deadline, or be forever barred. (c) The Settlement Administrator must send Bangor’s counsel and Class MemberCounsel copies of any opt-out notices it receives within seven (7) days of receipt. Bangor’s Counsel or Class Counsel may dispute an opt-out or purported opt-out, including an attempt to opt out as a group, aggregate or class. Such objection shall be effective to void any opt-out or purported opt-out unless and until there is a ruling by the Court that the objection should be rejected or overruled. The Court shall retain jurisdiction to resolve such disputes. Any decision by Bangor’s counsel not to dispute an opt-out or purported opt-out shall not be alloweda waiver, determination or preclusive finding against Bangor with respect to any other opt out notice.

Opt-Out Rights. 8.1 Except 11.1. A Settlement Class Member who wishes to opt out of the Settlement Class must do so in writing. In order to opt out, a Settlement Class Member must complete and send to the Settlement Administrator, at the address listed in the Class Notice and on the Settlement Website for those persons this Settlement, a Request for Exclusion that is postmarked no later than the Opt Out Deadline, as specified in the Class Notice (or as the Court otherwise requires). The Request for Exclusion must: (a) identify the case name; (b) identify the name and address of the Settlement Class Member; (c) be personally signed by the Settlement Class Member requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement Class in the Chong Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class in the Chong Class Action.” Mass or class opt outs shall not be allowed. 11.1.1. Any Settlement Class Member who properly request exclusion as does not opt out of the Settlement in the manner described belowherein shall be deemed to be part of the Settlement Class, and shall be bound by all members subsequent proceedings, orders, and judgments. 11.1.2. A Settlement Class Member who desires to opt out must take timely affirmative written action pursuant to this Section (Section 11), even if the Settlement Class Member desiring to opt out of the Class will be deemed (a) files or has filed a separate action against any of the Released Persons, or (b) is, or becomes, a putative or actual class member in any other class action filed against any of the Released Persons. 11.2. Any Settlement Class Members for all purposes under this Agreement. Any person Member who properly requests exclusion opts out of the Settlement Class shall not not: (a) be bound by any orders or judgments relating to the Settlement; (b) be entitled to relief under, or other benefits under this be affected by, the Agreement, shall not ; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of this Agreement, and shall not be affected by this Agreementthe Settlement. 8.2 A member 11.3. The Settlement Administrator shall provide Class Counsel and Defense Counsel with a list of all timely Requests For Exclusion within seven (7) business days after the Opt Out Deadline. 11.4. If the number of Settlement Class Members who properly and timely exercise their right to opt out of the Settlement Class may request to be excluded from exceeds five percent (5%) of the total number of Settlement Class in writing by a postmarked request sent via postal mailMembers, or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection Settling Parties stipulate and Exclusion Deadline. In order to exercise agree that Shellpoint shall have the right to be excluded via postal mail, a member of the Settlement Class must timely send a written request for exclusion to the Settlement Administrator providing his/her name, address, and telephone number; the name and number of terminate this case; a statement that he/she wishes to be excluded from the Settlement Class; and a handwritten signature. A request to be excluded that is sent to an email address other than that designated in the Class Notice, Agreement without penalty or that is not electronically submitted or postmarked as required herein and within the time specified, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. The request for exclusion must be personally signed only by the person requesting exclusion (except for requests for exclusion by Settlement Class Members under the age of eighteen (18), which may be submitted and signed by the person’s parent or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian)sanction. 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be allowed.

Opt-Out Rights. 8.1 Except 11.1 A Settlement Class Member who wishes to be excluded from the Settlement Class must do so in writing. To opt out, the Settlement Class Member must comply with the procedures and deadlines in this Agreement and any Court order entered in this case. 11.2 In order to opt out, the Class Member must complete and send to the Settlement Administrator, at the address listed in the Class Notice and on the Settlement Website for those persons this Settlement, a Request to Opt Out that is postmarked no later than the Opt-Out Deadline, as specified in the Class Notice. The Request to Opt Out must: (a) identify the case name; (b) identify the name and address of the person requesting exclusion; (c) be personally signed by the person requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement Class, such as “I hereby request that I be excluded from the proposed Settlement Class in the Action.” Mass or class opt outs shall be void. Any timely written request for exclusion submitted by any co-borrower or joint borrower on a given loan will have the effect of excluding all other co-borrowers or joint borrowers on that loan, none of whom thereafter will be treated as a Settlement Class Member. 11.3 Any Settlement Class Member who properly request exclusion as does not opt out of the Settlement in the manner described belowherein shall be deemed to be part of the Settlement Class upon the expiration of the Opt- Out Deadline, and shall be bound by all members subsequent proceedings, orders, and judgments. 11.4 Any Settlement Class Member who desires to opt out must take timely affirmative written action pursuant to this section, even if the person desiring to opt out of the Class will be deemed (a) files or has filed a separate action against any Releasees, or (b) is, or becomes, a putative or actual class member in any other class action filed against any Releasees. 11.5 Any Settlement Class Members for all purposes under this Agreement. Any person Member who properly requests exclusion opts out of the Settlement Class shall not not: (a) be bound by any orders or judgments relating to the Settlement; (b) be entitled to relief under, or other benefits under this be affected by, the Agreement, shall not ; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of this Agreementthe Settlement. 11.6 Within seven (7) days of the Opt-Out Deadline, the Settlement Administrator shall provide a report to the Court setting forth a list of opt outs that meet the above guidelines, and provide a copy of that report to Class Counsel and Defense Counsel. The Court shall not be affected by this Agreementhave the ultimate determination of whether an opt out has been appropriately made. 8.2 A member 11.7 Notwithstanding the foregoing, a Class Member shall have the right to revoke a properly and timely submitted request for exclusion if a notice of the Settlement Class may request Member’s election to be excluded from revoke his or her exclusion is sent to the Settlement Class in writing by a Administrator, postmarked request sent via postal mail, or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection and Exclusion Opt-Out Deadline. In order to exercise the right to be excluded via postal mail, a member of the Settlement Class must timely send a written request for exclusion to the Settlement Administrator providing his/her name, address, and telephone number; the name and number of this case; a statement that he/she wishes to be excluded from the Settlement Class; and a handwritten signature. A request to be excluded that is sent to an email address other than that designated in the Class Notice, or that is not electronically submitted or postmarked as required herein and within the time specified, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. The request for exclusion must be personally signed only by the person requesting exclusion (except for requests for exclusion by Settlement Class Members under the age of eighteen (18), which may be submitted and signed by the person’s parent or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian). 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be allowed.

Opt-Out Rights. 8.1 Except 11.1. Any member of the Settlement Class who wishes to opt out of the Settlement must complete and mail to the Settlement Administrator a Request for those persons Exclusion that is postmarked no later than the Opt Out Deadline. The Request for Exclusion must: (a) identify the name and address of the Settlement Class member requesting exclusion; (b) provide the cell phone number at which that the Settlement Class member was called by ECA during the Settlement Class Period; (c) be personally signed by the Settlement Class member requesting exclusion; and (d) contain a statement that reasonably indicates a desire to be excluded from the Settlement. Mass or class opt-outs shall not be allowed. A sample Request for Exclusion form shall be made available for downloading on the Settlement Website. 11.2. Any potential member of the Settlement Class who properly request exclusion as described below, all members opts out of the Class will Settlement shall: (a) not be deemed Settlement Class Members for all purposes under this Agreement. Any person who properly requests exclusion shall bound by any orders or judgments relating to the Settlement; (b) not be entitled to relief under, or other benefits under this be affected by, the Agreement, shall ; (c) not gain any rights by virtue of the Agreement; and (d) not be entitled to object to any aspect of this Agreement, and shall not be affected by this Agreementthe Settlement. 8.2 A member 11.3. The Settlement Administrator shall provide Class Counsel and Defense Counsel with a list of all timely Requests for Exclusion within seven (7) Days after the Opt Out Deadline. 11.4. If the number of potential members of the Settlement Class may request to be excluded from that properly and timely opt out of the Settlement Class exceeds the amount specified in writing by a postmarked request sent via postal mailthe separate Supplemental Agreement Regarding Requests for Exclusion (“Supplemental Agreement”) between Plaintiff and ECA, ECA has the option of voiding this Settlement without penalty or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection and Exclusion Deadlinesanction. In order the event ECA voids the Settlement pursuant to exercise this provision and the right Supplemental Agreement, ECA shall be responsible for paying Notice and Administrative Costs incurred as of the date ECA elects to be excluded via postal mail, a member void the Settlement. 11.5. Except for those potential members of the Settlement Class must who timely send and properly file a written request Request for exclusion to the Settlement Administrator providing his/her nameExclusion in accordance with Section 11, address, and telephone number; the name and number of this case; a statement that he/she wishes to be excluded from the Settlement Class; and a handwritten signature. A request to be excluded that is sent to an email address all other than that designated in the Class Notice, or that is not electronically submitted or postmarked as required herein and within the time specified, shall be invalid and the person serving such a request shall be considered a member potential members of the Settlement Class and shall will be bound as deemed to be Settlement Class Members by for all purposes under the Agreement, if approved. The request for exclusion must and upon Final Approval, will be personally signed only bound by the person requesting exclusion (except for requests for exclusion by Settlement Class Members under the age its terms, regardless of eighteen (18), which may be submitted and signed by the person’s parent whether they receive any monetary relief or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian)any other relief. 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be allowed.

Opt-Out Rights. 8.1 Except for those persons 11.1. A Noticed Class Member who properly request exclusion as described below, all members wishes to opt out of the Class will be deemed RoundPoint Settlement Class Members must do so in writing. In order to opt out, a Noticed Class Member must complete and send to the Settlement Administrator, at the address listed in the Class Notice and on the Settlement Website, a Request for all purposes under this AgreementExclusion that is postmarked no later than the Opt-Out Deadline, as specified in the Mail Notice and Preliminary Approval Order. Any person who properly requests exclusion shall not be entitled to relief or other benefits under this Agreement, shall not be entitled to object to any aspect of this Agreement, The Request for Exclusion must: (a) identify the case name and shall not be affected by this Agreement. 8.2 A member number; (b) identify the name and address of the Settlement Noticed Class may request Member requesting exclusion; (c) be personally signed by the Noticed Class Member requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the RoundPoint Settlement Class in writing by a postmarked the Litigation, such as “I hereby request sent via postal mail, or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection and Exclusion Deadline. In order to exercise the right to be excluded via postal mail, a member of the Settlement Class must timely send a written request for exclusion to the Settlement Administrator providing his/her name, address, and telephone number; the name and number of this case; a statement that he/she wishes to I be excluded from the proposed RoundPoint Settlement Class; Class in the Xxxxxxxx Class Action.” Persons must request exclusion individually, and a handwritten signaturemass or class opt-outs shall not be allowed. A request The Opt-Out Request must be signed by all borrowers on the applicable mortgage account to be excluded that is sent to an email address other than that designated valid. 11.1.1. Any Noticed Class Member who does not opt out of the RoundPoint Settlement Class in the Class Notice, or that is not electronically submitted or postmarked as required manner described herein and within the time specified, shall be invalid and the person serving such deemed to be a request shall be considered a member of the RoundPoint Settlement Class Member, and shall be bound as Settlement Class Members by all subsequent proceedings, orders, judgments and all provisions of the Agreement, including, but not limited to, the Releases provided in Section 10.1 herein. 11.1.2. A Noticed Class Member who desires to opt out must submit a timely and valid Request for Exclusion pursuant to Section 11.1, even if approvedthe Noticed Class Member desiring to opt out: (a) files or has filed a separate action against any of the Released Parties; or (b) is, or becomes, a putative or actual class member in any other class action filed against any of the Released Parties. 11.2. The request for exclusion must be personally signed only by Any Noticed Class Member who timely and properly opts out of the person requesting exclusion (except for requests for exclusion by RoundPoint Settlement Class Members under shall not: (a) be bound by any orders or judgments relating to the age of eighteen (18), which may be submitted and signed by the person’s parent or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian). 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be allowed.Settlement;

Opt-Out Rights. 8.1 Except 11.1 A Settlement Class Member who wishes to be excluded from the Settlement Class must do so in writing. To opt out, the Settlement Class Member must comply with the procedures and deadlines in this Agreement and any Court order entered in this case. 11.2 In order to opt out of the Settlement, the Class Member must complete and send to the Settlement Administrator, at the address listed in the Class Notice and on the Settlement Website for those persons this Settlement, a Request to Opt Out that is postmarked no later than the Opt-Out Deadline, as specified in the Class Notice. The Request to Opt Out must: (a) identify the case name; (b) identify the name and address of the person requesting exclusion; (c) be personally signed by the person requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement Class, such as “I hereby request that I be excluded from the proposed Settlement Class in the Action.” Mass or class opt outs shall be void. If a party to the RISC or governing loan agreement is deceased, a copy of the death certificate for such person shall be submitted with the opt-out request. 11.3 Any Settlement Class Member who properly request exclusion as does not opt out of the Settlement in the manner described belowherein shall be deemed to be part of the Settlement Class upon the expiration of the Opt- Out Deadline, and shall be bound by all members subsequent proceedings, orders, and judgments. 11.4 Any Settlement Class Member who desires to opt out must take timely affirmative written action pursuant to this section, even if the person desiring to opt out of the Class will be deemed (a) files or has filed a separate action against any of the Released Parties, or (b) is, or becomes, a putative or actual class member in any other class action filed against any of the Released Parties. 11.5 Any Settlement Class Members for all purposes under this Agreement. Any person Member who properly requests exclusion opts out of the Settlement Class shall not not: (a) be bound by any orders or judgments relating to the Settlement; (b) be entitled to relief under, or other benefits under this be affected by, the Agreement, shall not ; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of this Agreement, and shall not be affected by this Agreementthe Settlement. 8.2 A member 11.6 The Settlement Administrator shall provide Class Counsel and TDAF’s Counsel with a list of all timely Requests to Opt Out within seven (7) business days after the Opt-Out Deadline. 11.7 Notwithstanding the foregoing, a Settlement Class Member shall have the right to revoke a properly and timely submitted request for exclusion if a notice of the Settlement Class may request Member’s election to be excluded from revoke his or her exclusion is sent to the Settlement Class in writing by a Administrator, postmarked request sent via postal mail, or submitted electronically via the FILED DATE: 4/14/2022 8:11 PM 2019CH00990 Settlement Website, or by submitting a request to an email address established by the Administrator for the purpose of receiving exclusion requests, on or before the Objection and Exclusion Opt-Out Deadline. In order to exercise the right to be excluded via postal mail, a member of the Settlement Class must timely send a written request for exclusion to the Settlement Administrator providing his/her name, address, and telephone number; the name and number of this case; a statement that he/she wishes to be excluded from the Settlement Class; and a handwritten signature. A request to be excluded that is sent to an email address other than that designated in the Class Notice, or that is not electronically submitted or postmarked as required herein and within the time specified, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. The request for exclusion must be personally signed only by the person requesting exclusion (except for requests for exclusion by Settlement Class Members under the age of eighteen (18), which may be submitted and signed by the person’s parent or legal guardian so long as the request for exclusion indicates that the request is being made by such Settlement Class Member’s parent or legal guardian). 8.3 Settlement Class Members must submit their requests for exclusion individually. So-called “mass” or “class” exclusions or opt outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be allowed.