Common use of Requests for Exclusion Clause in Contracts

Requests for Exclusion. 1. Any member of the Settlement Class may request to be excluded from the Settlement Class. A Settlement Class Member who wishes to opt out of the Settlement Class must do so no later than Opt-Out Date. In order to opt out, a Settlement Class Member must send to the Settlement Administrator a written Request for Exclusion that is postmarked no later than the Opt- Out Date. The Request for Exclusion must be personally signed by the Settlement Class Member requesting exclusion and contain a statement that indicates a desire to be excluded from the Settlement Class. 2. Any Settlement Class Member who does not file a timely written Request for Exclusion shall be bound by all subsequent proceedings, orders, and the Final Judgment and Order Approving Settlement in this Action, even if he or she has pending, or subsequently initiates, litigation, arbitration, or any other proceeding against Defendant relating to the Released Claims. 3. Any Settlement Class Member who properly requests to be excluded from the Settlement Class shall not: (a) be bound by any orders or judgments entered in the Action relating to the Agreement; (b) be entitled to an Award from the Settlement Fund, or be affected by the Agreement; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of the Agreement. 4. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with a final list of all timely Requests for Exclusion within five (5) business days after the Opt-Out Date. Plaintiffs shall file the final list of all timely Requests for Exclusion prior to or at the Final Approval Hearing.

Requests for Exclusion. 1. Any member of the Settlement Class may request to be excluded from the Settlement Class. A Settlement Class Member who wishes to opt out of the Settlement Class must do so no later than Opt-Out Date. In order to opt out, a Settlement Class Member must send to the Settlement Administrator a written Request for Exclusion that is postmarked no later than the Opt- Out Date. The Request for Exclusion must be personally signed by the Settlement Class Member requesting exclusion and contain a statement that indicates a desire to be excluded from the Settlement Class. 2. Any Settlement Class Member who does not file a timely written Request for Exclusion shall be bound by all subsequent proceedings, orders, and the Final Judgment and Order Approving Settlement in this Action, even if he or she has pending, or subsequently initiates, litigation, arbitration, or any other proceeding against Defendant Defendants relating to the Released Claims. 3. Any Settlement Class Member who properly requests to be excluded from the Settlement Class shall not: (a) be bound by any orders or judgments entered in the Action relating to the Agreement; (b) be entitled to an Award from the Settlement Fund, or be affected by the Agreement; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of the Agreement. 4. The Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with a final list of all timely Requests for Exclusion within five (5) business days after the Opt-Out Date. Plaintiffs shall file the final list of all timely Requests for Exclusion prior to or at the Final Approval Hearing.

Requests for Exclusion. 1. Any member of the The Class Notice shall provide that Settlement Class may request Members who wish to be excluded exclude themselves from the Settlement Class. A Settlement Class Member who wishes to opt out of must submit a written statement requesting exclusion from the Settlement Class must do so no later than Opt(“opt-Out Date. In order to opt out”), a Settlement Class Member must send to the Settlement Administrator a written Request for Exclusion that is postmarked no later than the Opt- Opt-Out DateDeadline. The Request Such written request for Exclusion exclusion must contain the name and address of the Settlement Class Member requesting exclusion, and be personally signed by the Settlement Class Member requesting exclusion and contain who seeks to opt out. No opt-out request may be made on behalf of a statement that indicates a desire to be excluded from the Settlement Class. 2. Any group of Settlement Class Member who does not file a Members. The opt-out request must be sent by mail to the Claims Administrator and must be timely written Request for Exclusion postmarked by the Opt-Out Deadline. The postmark date of the mailing envelope shall be bound by all subsequent proceedings, orders, and the Final Judgment and Order Approving Settlement in this Action, even if he or she exclusive means used to determine whether an opt-out has pending, or subsequently initiates, litigation, arbitration, or any other proceeding against Defendant relating to the Released Claims. 3. Any Settlement Class Member who properly requests to be excluded from the Settlement Class shall not: (a) be bound by any orders or judgments entered in the Action relating to the Agreement; (b) be entitled to an Award from the Settlement Fund, or be affected by the Agreement; (c) gain any rights by virtue of the Agreement; or (d) be entitled to object to any aspect of the Agreement. 4been timely submitted. The Settlement Claims Administrator shall provide Class Counsel and Defendants’ Counsel the Parties with a final list copies of all timely Requests for Exclusion within five opt-out requests on a weekly basis. If the number of Settlement Class Members who file opt-out requests equals or exceeds two-and-one-half percent (52.5%) of the total number of all Settlement Class Members, then Ally, in its sole discretion, may, at any time prior to ten (10) business days after the Opt-Out DateDeadline, notify Class Counsel that it believes that the Settlement Agreement cannot achieve its purpose. Plaintiffs In that event, this Settlement Agreement shall file become null and void; the final list of Action may continue; and the Plaintiff and Ally shall jointly move that any and all timely Requests for Exclusion prior orders entered pursuant to this Settlement Agreement be vacated. Any Settlement Class Member who requests exclusion from (i.e., opts out of) the Settlement will not be entitled to any Settlement Payment and will not be bound by this Settlement or at the Final Approval Hearinghave any right to object, appeal or comment thereon.