Successful Opt-Out definition

Successful Opt-Out means a properly completed and timely opt out request, but shall not include (a) any requests that are not treated as requests for exclusion, and (b) any requests that are invalid, untimely, or are otherwise void pursuant to the provisions of this Agreement.

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Successful Opt-Out means any person or persons who timely and validly exercise their right to opt out of the Settlement Class, pursuant and subject to Paragraph 74 hereof, but shall not include, in the discretion of the Parties: (a) persons whose opt-outs are challenged by Bank of America and the challenge is not overruled by the Court or withdrawn by Bank of America; (b) persons whose communications are not treated as an opt-out, as provided in Paragraph 74 hereof; and (c) persons who purport to opt out of the Settlement as a group, aggregate or class.

Successful Opt-Out means any person or persons who timely and validly exercise their right to opt out of the Class, pursuant to Sections 2.13, 2.14, and 2.15 and Rule 23(b)(3), but shall not include, in the discretion of the Parties, (a) persons whose opt-outs are challenged by Defendants, and the challenge is not overruled by the Court or withdrawn by Defendants, (b) persons whose communications are not treated as an opt-out, as provided in Section 2.16, and (c) persons who purport to opt-out of the Settlement as a group, aggregate, or class, or on whose behalf such a purported opt-out is attempted through the submission of one (1) opt-out notice.

Examples of Successful Opt-Out in a sentence

• The release does not apply to Persons who fall within the definition of the Settlement Class but who submit a Successful Opt-Out in accordance with the term of this Agreement.

• The Notice and/or Claim Form will advise all Settlement Class Members and/or their representatives of the binding nature of the Releases and of this Settlement Agreement, and in the absence of a Successful Opt-Out, such Notice and/or Claim Form shall have the same force and effect as if each Settlement Class Member executed this Settlement Agreement.

• Mail Settlement Checks to all Settlement Class Members who submitted Valid Claim Forms and who have not submitted a Successful Opt-Out or had their claim rejected including, if necessary and administratively feasible, a second pro rata distribution of funds consisting of uncashed checks to Settlement Class Members who cashed their check from the first distribution.

• The Notice will advise all Settlement Class Members and/or their representatives of the binding nature of the Releases and of this Settlement Agreement, and in the absence of a Successful Opt-Out, such Notice shall have the same force and effect as if each Settlement Class Member executed this Settlement Agreement.

• In the event that more than one (1) person is obligated on a Reinsured Loan, all the obligors must submit opt-outs by the Opt-Out Deadline to designate the loan a Successful Opt-Out.

More Definitions of Successful Opt-Out

Successful Opt-Out means any person or persons who timely and validly exercise their right to opt out of the Settlement and Releases, under paragraph 12.6 below and Federal Rule of Civil Procedure 23, but shall not include (a) persons whose opt outs are challenged by Defendants or Plaintiff, and the challenge is not overruled by the Court or withdrawn by Defendants, and (b) persons whose communication is not treated as an opt out, as provided in paragraph 12.6 below.

Successful Opt-Out means any Person or entity who timely and validly exercises his, her, or its right to Opt-Out of the Settlement Class, pursuant to this Agreement and Federal Rule of Civil Procedure 23, but shall not include (a) a Person or entity whose Opt-Out is challenged by Plaintiffs or the GEICO COMPANIES, and the challenge is not overruled by the Court or withdrawn by the Party asserting the challenge, and (b) a Person or entity whose communication is not treated as an Opt-Out as provided in this Agreement.

Successful Opt-Out means a Person who, in accordance with Section IV.4 of this Settlement exercises the right to be excluded from the Settlement by the Opt-Out Deadline, but shall not include (a) any Person whose communication is not treated as a request for exclusion, and (b) Persons whose requests for exclusion are not valid or are otherwise void pursuant to Section IV.4.

Successful Opt-Out means a person who timely and validly exercises his or her right to be excluded from the Class, pursuant to paragraph 2.08 below and FED. R. CIV. P. 23, but shall not include (a) persons whose requests for exclusion are challenged by any of the Defendants pursuant to paragraph 2.09 below, and the challenge is not overruled by the Court or withdrawn by such Defendant, as applicable, (b) persons whose communication is not treated as a request for exclusion, pursuant to paragraph 2.08 below, and (c) persons whose requests for exclusion are not valid or are otherwise void pursuant to paragraphs 2.09 and 2.10 below.

Successful Opt-Out means a Person who, pursuant to Section IV.4 of this Settlement and Fed. R. Civ. P. 23, exercises the right to be excluded from the Settlement by the Opt-Out Deadline, but shall not include (a) any Person whose communication is not treated as a request for exclusion, and (b) Persons whose requests for exclusion are not valid or are otherwise void pursuant to Section IV.4.

Successful Opt-Out means any Class Member who timely and validly exercises a right to opt out of the Class, pursuant to paragraphs 2.10 and 2.11, but shall not include (i) a Class Member whose communication is not treated as an opt out, as provided in paragraphs 2.10 and 2.11, (ii) a Class Member whose attempt to opt out is postmarked after the opt-out deadline, or whose attempt to opt out is otherwise ineffective, (iii) a Class Member where a person or entity has purported to opt out of the Settlement on behalf of that Class Member pursuant to an agency relationship, attorney-client relationship, assignment, delegation, or similar agreement or arrangement; or (iv) Class Members who purport to opt-out of the Settlement as a group, aggregate, or class, or on whose behalf such a purported opt out is attempted, including a bankruptcy trustee that attempts to or purports to opt out of the Settlement on behalf of more than one estate or as a group or class.

Successful Opt-Out means a person or entity who timely and validly exercises a right to be excluded from the Settlement Class, pursuant to paragraph 3.05 and California Rules of Court, rule 3.769.