Procedure for Opting Out. The parties agree to the following procedure for Settlement Class Members who wish to opt out of the Settlement Class:
i. A Settlement Class Member who wishes to opt out of the Settlement Class must do so in writing by mailing a written Opt-Out Request requesting exclusion from the Settlement to the Settlement Administrator at the addresses set forth in the Notice.
ii. Any Opt-Out Request must be postmarked no later than sixty (60) days from the Notice Date.
iii. The request must:
a. Identify the Settlement Class Member by name;
b. Identify the Settlement Class Member’s current street address and current e-mail address (if any);
c. Identify the phone number(s) associated with the Settlement Class Member’s Advance Pay account(s) during the Class Period;
d. Be signed by the Settlement Class Member; and
e. If the Settlement Class Member is represented by counsel, provide such counsel’s name, address, telephone number, and e-mail address.
iv. A member of the Settlement Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or by multiple class members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be considered valid or effective.
v. Any member of the Settlement Class who opts out but also files a Claim Form before the Claim Deadline shall be deemed to have rescinded his or her opt out.
vi. Any Opt-Out Request that fails to satisfy the requirements of this Section or that has not been properly or timely sent shall be deemed ineffective. If such an Opt-Out Request is deemed ineffective, the Settlement Class Member shall be deemed to have waived any right to opt out from the Settlement and shall be deemed a Settlement Class Member for all purposes under this Agreement.
Procedure for Opting Out. (1) A Person may opt out of the Proceedings by completing and signing the Opt Out Form, and by sending the Opt Out Form, by pre-paid mail, courier or fax to the Opt Out Administrator at an address and coordinates to be identified in the Notice of Certification and Settlement Approval contemplated by section 11.1 of this Settlement Agreement.
(2) A Person who wishes to opt out of the Proceedings must provide the following to the Opt Out Administrator as part of the Opt Out Form:
(a) an executed statement requesting that the Person opting out be excluded from the Settlement Class in the Canadian Polyurethane Foam Class Actions National Settlement;
(b) the full name, current address and telephone number of the Person who is opting out and any former names which are relevant to its purchase of Foam Products in Canada during the Settlement Class Period;
(c) the name(s), if known, of each entity from whom the Person purchased Foam Products in Canada during the Settlement Class Period; and
(d) particulars of the Purchase Price, if known, and volume, if known, of Foam Products purchased from each such entity during the Settlement Class Period.
(3) An election to opt out will only be effective if the Opt Out Form is postmarked on or before the Opt Out Deadline.
Procedure for Opting Out. Class Members who intend to opt out of the settlement must do so by sending a written request for exclusion from the class to the Claims Administrator, such notice to be postmarked on or before the Opt-Out and Objection Date. The written request must contain the excluded person’s name and address and must be signed by that person; or electronically signed if returned via electronic mail. A Class Member who desires to be excluded but who fails to comply with the opt-out procedure set forth herein shall not be excluded from the class. The Claims Administrator shall compile a list of all Class Members who timely send such a written request for exclusion and provide a copy of that list to the Clerk of the Court and to Class Counsel ten (10) calendar days before the date for Final Approval.
Procedure for Opting Out. Class Members who intend to opt out of the settlement must do so by sending a written request for exclusion from the class to the Settlement Administrator by first-class mail, postage-prepaid, or by email directed to the address provided in the Class Notice, such notice to be postmarked or emailed on or before the Opt-Out and Objection Date. The written request must contain the excluded person's name, address, and email address and must be signed by that person. The written request must also state that the Class Member wishes to be excluded from the Settlement, or words to that effect, such that it is evident that the Class Member does indeed intend to exclude him or herself from the Settlement. A Class Member who desires to be excluded but who fails to comply with the opt-out procedure set forth herein shall not be excluded from the class. The Settlement Administrator shall provide periodic updates on the requests for exclusion to Class Counsel and Defendants. The Settlement Administrator shall compile a list of all Class Members who timely send such a written request for exclusion and provide a copy of that list to the Clerk of the Court ten (10) calendar days before the Final Settlement Hearing.
