Common use of Requests for Exclusion (Opt-Outs) Clause in Contracts

Requests for Exclusion (Opt-Outs). Any Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion to the Claims Administrator (a “Request for Exclusion”). To be effective, such Requests for Exclusion must state: the Settlement Class Member’s full legal name, address and telephone number; that the Class Member purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and that the Class Member (1) wants to be excluded from the In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Xxxxxxx and (2) understands that by so doing, the Class Member will not be able to get any money or benefits from the settlement with Shinyei under the Settlement Agreement. All Requests for Exclusion must be signed and dated LAW OFFICES COTCHETT, XXXXX & by the Class Member or its officer or legal representative, and be (1) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Notice, or (2) received by the Claims Administrator by that date, provided, however, that if a Class Member mails the Opt-Out Statement pursuant to option (1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the end of the Opt-Out Period. Persons who opt out are not entitled to any monetary award from the Settlement Fund.

Appears in 1 contract

Samples: Settlement Agreement

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Requests for Exclusion (Opt-Outs). Any Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion to the Claims Administrator (a “Request for Exclusion”). To be effective, such Requests for Exclusion must state: the Settlement Class Member’s full legal name, address and telephone number; that the Class Member purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and that the Class Member (1) wants to be excluded from the In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Xxxxxxx Xxxxxx and (2) understands that by so doing, the Class Member will not be able to get any money or benefits from the settlement with Shinyei Taitsu under the Settlement Agreement. All Requests for Exclusion must be signed and dated LAW OFFICES COTCHETT, XXXXX & by the Class Member or its officer or legal representative, and be (1) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Notice, or (2) received by the Claims Administrator by that date, provided, however, that if a Class Member mails the Opt-Out LAW OFFICES COTCHETT, XXXXX & Statement pursuant to option (1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the end of the Opt-Out Period. Persons who opt out are not entitled to any monetary award from the Settlement Fund.

Appears in 1 contract

Samples: Settlement Agreement

Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion to the Claims Administrator (a “Request for Exclusion”). To be effective, such Requests for Exclusion must state: the Settlement Class Member’s full legal name, address and telephone number; that the Settlement Class Member purchased Capacitors indirectly directly from one or more Distributor who themselves purchased from one of the Defendants during the Settlement Class Period; and a statement that the Settlement Class Member (1) wants to be excluded from the In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Xxxxxxx Hitachi Chemical, and (2) understands that by so doing, the Settlement Class Member will not be able to get receive any money or benefits from the settlement with Shinyei Hitachi Chemical under the Settlement Agreement. All Requests for Exclusion must be signed and dated LAW OFFICES COTCHETT, XXXXX & by the Settlement Class Member or its officer or legal representative, and be (1) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the NoticeCourt-approved notice to the Settlement Class (the “Opt-Out Date”), or (2) received by the Claims Administrator by that datethe Opt- Out Date, provided, however, that if a Settlement Class Member mails the Opt-Out Statement a Request for Exclusion pursuant to option (1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the end of the Opt-Out PeriodDate. The Claims Administrator shall provide to counsel for Hitachi Chemical all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgement, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city and state of the person or entity requesting exclusion. Persons who opt opt-out are not entitled to any monetary award from the Settlement Fund.

Appears in 1 contract

Samples: Settlement Agreement

Requests for Exclusion (Opt-Outs). Any Class Member that who wishes to seek exclusion be excluded from or opt out of the Settlement Class by “opting out” must timely submit a written request written, signed Request for Exclusion to the Claims Administrator Class Counsel no later than 45 calendar days following the Notice Date (a or other date required by the Court) (the “Opt-Out Deadline”). The Request for Exclusion must set forth the following: i. the name of this Action (“Xxxx x. L’Occitane, Inc.”); ii. the full name, address, and telephone number of the person requesting to be excluded; iii. the words “Request for Exclusion”)” at the top of the document; and iv. To a declaration stating “I request that I be effective, such Requests for Exclusion must state: excluded from the Settlement Class Member’s full legal namein Xxxx x. L’Occitane, address and telephone number; Inc., Los Angeles Superior Court Case No. BC491880. I understand that the Class Member purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and that the Class Member (1) wants by requesting to be excluded from the In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Xxxxxxx and (2) understands that by so doingClass, the Class Member I will not be able to get receive any money or benefits from the settlement with Shinyei under the Settlement Agreement. All Requests Settlement.” The Request for Exclusion must be personally signed and dated LAW OFFICES COTCHETT, XXXXX & by the Class Member who seeks to opt out; no Class Member may opt out by having a request to opt out submitted by an actual or its officer purported agent or legal representativeattorney acting on behalf of the Class Member. No opt out request may be made on behalf of a group of Class Members. Each Class Member who does not submit a Request for Exclusion substantially in compliance with this Section within the deadline set by the Court shall be deemed to participate in the Settlement and all releases provided in this Agreement. For purposes of determining timeliness, and Requests for Exclusion shall be (1) mailed deemed to have been submitted on the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and date postmarked by a date certain to be specified on the Notice, postal service or (2) received by other expedited delivery service. After conferring with Defense Counsel regarding the Claims Administrator by that date, provided, however, that if a Class Member mails the Opt-Out Statement exclusions mailed pursuant to option (1)this Section, it will be effective only if received by the Claims Administrator on Class Counsel shall file a list of Class Members who have timely and validly excluded themselves as part of or before ten (10) calendar days after the end a supplement to Plaintiff’s Motion for Final Approval of the Opt-Out Period. Persons who opt out are not entitled to any monetary award from the Settlement Fundas set forth in Section 3.9.

Appears in 1 contract

Samples: Settlement Agreement

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Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for Exclusion exclusion to the Claims Administrator (a “Request for Exclusion”). , notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class PeriodMember’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (1i) wants to be excluded from the In re Capacitors Antitrust Litigation – Indirect Purchaser Actions WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Xxxxxxx Giftly, and (2ii) understands that by so doing, the Settlement Class Member will not be able to get receive any money or benefits from the settlement with Shinyei Giftly under the Settlement Agreement. All Requests for Exclusion must be signed and dated LAW OFFICES COTCHETT, XXXXX & by the Settlement Class Member or its officer or legal representative, and be (1A) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the NoticeCourt-approved notice to the Settlement Class (the “Opt-Out Date”), or (2B) received by the Claims Administrator by that datethe Opt-Out Date, provided, however, that if a Settlement Class Member mails the Opt-Out Statement a Request for Exclusion pursuant to option (1A), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the end of the Opt-Out PeriodDate. The Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusion. Persons who opt opt-out are not entitled to any monetary award or benefit from the Settlement FundSettlement.

Appears in 1 contract

Samples: Settlement Agreement

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