PROCEDURES FOR PRESENTING OBJECTIONS Sample Clauses

PROCEDURES FOR PRESENTING OBJECTIONS. Subclass Members who do not exercise their right to opt out pursuant to Section 3(C), above, shall have the right to appear and show cause, if they have any, why the proposed class should not be certified as a Rule 23(b) class under the Alabama Rules of Civil Procedure or why the proposed Settlement should not be approved by the Court. The right of the Subclass Member to object shall be deemed waived, however, and the Subclass Member will not be heard if that Subclass Member (a) has timely opted out or (b) neglects to file with the Court a written statement of any objections and reasons for same that Subclass Member may have, with copies to Counsel for the Settling Parties. If the Subclass Member wishes to appear in person at the hearing, a written notice shall be sent to Xxxxxx Xxxxxxx, Clerk, Circuit Court of Xxxxxxx County, Xxxx Xxxxxx Xxx 0000, Xxx Xxxxxxx, Xxxxxxx 00000, with copies to the following: Xxxxxx Xxxxx, Xx., Esq. Johnstone, Adams, Xxxxxx, Xxxxxx & Xxxxxx LLC X.X. Xxx 0000 Xxxxxx, XX 00000 Class Counsel Xxxxxx X. Xxxxxxxxx, Esq. P. O. Xxx 000 Xxx Xxxxxxx, XX 00000 Counsel for PCI And Xxxxxxxx Xxxxxx First Assistant Attorney General Consumer Protection Division Xxxx Xxxxxx Xxx 00000 Xxxxxxx, XX 00000 All such written statements of objections or intent to appear must be postmarked within forty-five (45) days of the mailing of the original Postcard Notice. Objections filed and served in accordance with the foregoing procedure may be considered by the Court whether or not the objecting Subclass Member appears personally or by counsel at the hearing to argue the same.
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  • Dispute Procedures The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to HOLDINGS of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and HOLDINGS shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and HOLDINGS by the 30th day following HOLDINGS’ receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS and fifty percent (50%) by MLP. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.

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