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

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”), 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’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A) 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 Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion pursuant to option (A), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. 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-out are not entitled to any award or benefit from the Settlement.

Appears in 1 contract

Samples: First Amended 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’s information was published on Giftly’s websiteMember purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and (c) a statement that the Settlement Class Member (i1) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Giftly, Xxxxxx and (ii2) understands that by so doing, the Settlement Class Member will not be able to receive get any money or benefits from the settlement with Giftly Taitsu under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A1) 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 Court-approved notice to the Settlement Class (the “Opt-Out Date”)Notice, or (B2) received by the Claims Administrator by the Opt-Out Datethat date, provided, however, that if a Settlement Class Member mails a Request for Exclusion the Opt-Out SETTLEMENT AGREEMENT; Case No. 3:14-cv-03264-JD 10 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES COTCHETT, XXXXX & Statement pursuant to option (A1), 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 Date. 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 exclusionPeriod. Persons who opt-opt out are not entitled to any monetary award or benefit from the SettlementSettlement 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 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’s information was published on Giftly’s websiteMember purchased Capacitors directly from one or more of the Defendants during the Settlement Class Period; and (c) a statement that the Settlement Class Member (i1) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. In re Capacitors Antitrust Litigation class action settlement with GiftlyHitachi Chemical, and (ii2) understands that by so doing, the Settlement Class Member will not be able to receive any money or benefits from the settlement with Giftly Hitachi Chemical under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A1) 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 Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B2) received by the Claims Administrator by the Opt-Opt- Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion pursuant to option (A1), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly 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 JudgmentJudgement, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, city and state of the person or entity requesting exclusion. Persons who opt-out are not entitled to any monetary award or benefit from the SettlementSettlement Fund.

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’s information was published on Giftly’s websiteMember purchased Capacitors indirectly from one or more Distributor who themselves purchased from one of the Defendants during the Class Period; and (c) a statement that the Settlement Class Member (i1) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. In re Capacitors Antitrust Litigation – Indirect Purchaser Actions class action settlement with Giftly, Xxxxxxx and (ii2) understands that by so doing, the Settlement Class Member will not be able to receive get any money or benefits from the settlement with Giftly Shinyei under the Settlement Agreement. All Requests for Exclusion must be signed and dated SETTLEMENT AGREEMENT; Case No. 3:14-cv-03264-JD 10 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES COTCHETT, XXXXX & by the Settlement Class Member or its officer or legal representative, and be (A1) 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 Court-approved notice to the Settlement Class (the “Opt-Out Date”)Notice, or (B2) received by the Claims Administrator by the Opt-Out Datethat date, provided, however, that if a Settlement Class Member mails a Request for Exclusion the Opt-Out Statement pursuant to option (A1), 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 Date. 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 exclusionPeriod. Persons who opt-opt out are not entitled to any monetary award or benefit from the SettlementSettlement Fund.

Appears in 1 contract

Samples: Settlement Agreement

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