Opt Outs by Class Members Sample Clauses

Opt Outs by Class Members a. The Parties will request that the Court order procedures for Class Members to request to “opt out” (i.e., to be excluded from the Settlement Class) in accordance with the provisions in the Preliminary Approval Order. No request to opt out shall be valid unless the Class Member requests to be excluded from the settlement. Exclusion requests must be made in writing, including the Class Member’s name, address, telephone number, statement that the Class Member wants to be excluded, the name of this proceeding (Village Bank v. Caribou Coffee Company, et al.), and signature. A request to opt out shall be considered valid if the Class Member completes and signs the written request for exclusion in the form of Exhibit 7, or alternatively sends a letter by U.S. Mail that includes all of the information set forth in the prior sentence, and sends such completed form or letter to the Settlement Administrator at the address provided in the Notices attached as Exhibits 3–4, postmarked no more than sixty (60) days after the Notice Deadline. Each Class Member that submits a request to opt out in accordance with the previous sentence and the provisions of the Preliminary Approval Order shall be excluded from the Settlement Class. Class Members seeking to opt out will also be asked to provide the number of Alerted on Payment Cards that they issued. A Class Member may opt out on an individual basis only. “Mass” or “class” opt-outs, whether submitted by third parties on behalf of a “mass” or “class” of Class Members or multiple Class Members where no personal statement has been signed by each individual Class Member in compliance with this Paragraph are not allowed. 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 release provided in Paragraph 62 of this Agreement.
Sample 1
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Opt Outs by Class Members. ‌ 13.1 Class Members may elect to exclude themselves from the Settlement Class by sending to Class Counsel his or her own personally or electronically signed Opt Out Form including: (i) name, (ii) current address, (iii) a reason for opting out, and (iv) a clear statement communicating that he/she/they elects to opt out from the Settlement Class and not access any benefits under this Settlement Agreement. 13.2 An Opt Out Form signed only by an authorized representative of or lawyer for the Class Member is valid. A single Opt Out Form submitted on behalf of more than one Class Member will be deemed invalid. “Mass” or “class” Opt Outs shall not be allowed. 13.3 The Opt Out Form must be received by Class Counsel by the date specified in the Pre-Approval Orders in order to be effective. Absent leave of the Court, Class Members who fail to submit a valid and timely Opt Out Form shall be bound by all terms of the Settlement Agreement and the Approval Order, regardless of whether they intended or elected to Opt Out from the Settlement Class. 13.4 Any Class Member who submits a timely election to Opt Out may not file an objection to the Settlement Agreement and shall have no rights with respect to this Settlement Agreement, including the Settlement Amount. 13.5 Any person who falls within the Settlement Class who does not validly Opt Out of the Settlement Class in accordance with the Settlement Agreement shall be deemed to have elected to participate in this Settlement Agreement and shall be a Settlement Class Member for all purposes of the Settlement Agreement. 13.6 Class Counsel will provide copies of all Opt Out Forms to the Settling Defendants and Class Counsel within three (3) days after the Opt Out Deadline. 13.7 Not later than ten (10) business days before the Settlement Approval Hearing, Class Counsel shall serve on the Settling Defendants and file with the Court an affidavit reporting on the number of valid Opt Out Forms received on or before the Opt Out Deadline and all of the reasons provided by Opt Outs for opting out of the Settlement Class. 13.8 Should the number of Opt Outs received from Class Members exceed the Opt Out Threshold, the Settling Defendants will have a unilateral option to either terminate this Settlement Agreement or waive the Opt Out Threshold and complete the settlement. The Settling Defendants will advise Class Counsel as to their election in writing no later than five (5) days before the Settlement Approval Hearing.
Sample 1
Opt Outs by Class Members 
Sample 1

Related to Opt Outs by Class Members

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Distributions on Account of Separation from Service If and to the extent required to comply with Section 409A, no payment or benefit required to be paid under this Agreement on account of termination of the Executive’s employment shall be made unless and until the Executive incurs a “separation from service” within the meaning of Section 409A.

  • Settlement Class The “Rule 23(b)(3) Settlement Class Releasing Parties” are the Class Plaintiffs, each and every member of the Rule 23(b)

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