Opt-Out definition

Opt-Out means a request by a member of the Settlement Class to be excluded from the Settlement Class by following the procedures set forth in the Preliminary Approval Order and the Class Notice.

Opt-Out means any one of, and “Opt-Outs” means all of, any Persons who otherwise would be Settlement Class Members and have timely and validly requested exclusion from the Settlement Class in accordance with the provisions of the Preliminary Approval Order and the Notice given pursuant thereto.

Opt-Out. [ ] Check here if a party executing this Order Schedule does not consent to the electronic copy of this Order Schedule serving as the "original" pursuant to Section 12 above and requires that the original Order Schedule be maintained in paper form. This section shall survive termination of the Order Schedule. This Order Schedule, including the accompanying Exhibits, supersedes all previous Order Schedules between the parties with respect to its subject matter. Each of the undersigned acknowledges that he/she is authorized to execute this Order Schedule on behalf of Licensee and S&P, respectively. The signatures below are evidence of each party's agreement to be bound by the terms and conditions of this Order Schedule and the Agreement, the terms and conditions of which are incorporated herein by reference as if set forth at length. Where Licensee is not a party to the Agreement, Licensee expressly acknowledges and agrees that, by entering into this Order Schedule, it shall be bound by and shall comply in all respects with the terms and conditions contained in the Agreement. In the event of any conflict between the terms of the Agreement and the terms of this Order Schedule, the terms of this Order Schedule shall prevail with respect to such conflicting terms. GUGGENHEIM FUNDS DISTRIBUTORS S&P OPCO, LLC LLC Signature: Signature: ----------------- ----------------- Name: Name: Bo Chung ----------------- ----------------- (Please print) Title: Title: Managing Director ----------------- ----------------- (Please print) Email: Date: ----------------- ----------------- (Please print) (Please print) Date: ----------------- (Please print) EXHIBIT A INDEX/INDICES MARKS Unless expressly stated below, no license is granted to any sub-index including any GICS[R] level sub-indices such as sector, industry group, industry, or sub-industry indices. Index/Indices: Dow Jones U.S. Top-Cap Index Marks: Dow Jones[R] EXHIBIT B DESCRIPTION OF THE LICENSEE PRODUCT(S) Subject to the terms and conditions of this Order Schedule and the Agreement, Licensee is hereby authorized to create the following Product(s):

Examples of Opt-Out in a sentence

• This mailing shall be created every month by the Competitive Supplier and shall include the information as described in Table 1 below regarding every consumer listed in the Updated LDC Basic Service File, described in Article 5, excluding only consumers in the Master Opt Out File.

• Once each month Competitive supplier shall create a Refresh Mailing List of New Eligible Consumers which shall include all consumers in the Updated Eligible Consumer File excluding only consumers listed in the Master Opt Out File.

• Persons who properly request to Opt Out shall be excluded from this Settlement and from the Settlement Class.

• Any Person who does not properly request to Opt Out who would otherwise be considered a Settlement Class Member shall be deemed a Settlement Class Member and shall be bound by the Settlement, the terms of this Agreement, and the Order and Final Judgment.

• The Parties will request that the Court determine that the Opt Out Deadline for Settlement Class Members be thirty (30) calendar days prior to the Fairness Hearing.

More Definitions of Opt-Out

Opt-Out means a Settlement Class Member (i) who timely submits a properly completed and executed Request for Exclusion, (ii) who does not rescind that Request for Exclusion prior to the Opt-Out Deadline, and (iii) as to which there is not a successful challenge to the Request for Exclusion.

Opt-Out means the process by which a Member who would be included in the Program chooses not to participate in the Program.

Opt-Out means an individual’s expressed request not to receive further Direct Marketing.

Opt-Out means a Person in the Settlement Class who properly and timely submits a request for exclusion from the Settlement Class as set forth in Section VII, Paragraph D, and who does not submit a Claim Form to the Settlement Administrator by the Claim Deadline (the submission of which rescinds any request for exclusion) or otherwise rescind his or her opt-out as specified in Section VII, Paragraph D.

Opt-Out means the opt-out of a Patent from the exclusive competence of the Unified Patent Court under Article 83(3) of the Agreement on a Unified Patent Court between the participating Member States of the European Union (2013/C 175/01).

Opt-Out means an individual's written decision that the individual's individually identifiable health information cannot be shared through a health information organization.

Opt-Out means an electric customer to affirmatively indicate a choice not to participate in a program in which the customer would be automatically included unless the customer affirmatively indicated the intention not to participate.