Common use of Class Notices Clause in Contracts

Class Notices. After Preliminary Approval, and subject to approval by the Court of the means for dissemination: a. No later than twenty-one (21) days after the entry of the Order of Preliminary Approval (unless otherwise specifically modified below), the Mailed Class Notice shall be mailed and the Emailed Class Notice shall be emailed by the Settlement Administrator, at the direction of Counsel for the Parties, to Class Members that: are identified by or were previously identified from GTL’s records during the process of disseminating notice of certification of the Class. Any questions relating to notice provided to individual members of the Class shall be directed to the Settlement Administrator, which shall answer questions raised by GTL. b. Claim forms may also be included with the Class Notice sent to Class Members. c. The Published Class Notice shall be submitted to the Court for approval in connection with the motion for Preliminary Approval to be published in a one-sixth (1/6) page size advertisement in the Star Ledger, the South Jersey Times and the Prison Legal News on two occasions: d. The Parties agree that the methods of Notice set forth in this Section constitute the best form of Notice to the Class that is practicable under the circumstances. All Notice and Administrative Costs will be paid out by GTL separate and apart from, and in addition to, the Settlement Payments. e. The Settlement Administrator shall prepare declaration(s) stating that the Notice was provided to Class members in accordance with the terms of this Agreement and any Court Order, along with the number of Notices which were mailed to the Class Members; the number of Notices which were successfully mailed; the number of Notices which were returned as undeliverable as addressed (hereinafter “UAA”); and the number of UAA Notices which were re-sent to Class Members; and the number of UAA which were re-sent successfully. The Settlement Administrator shall provide Plaintiffs’ Counsel with the originals of the declarations, with copies to GTL, so that the declarations may be filed with the Court. f. The Settlement Administrator shall establish and maintain a Settlement Website from the date of the entry of the Order of Preliminary Approval until the conclusion of the claim period. g. The Settlement Administrator shall be designated in the Notice to Class Members as the entity to contact if Class Members choose to exclude themselves from the settlement. h. The Settlement Administrator shall also prepare declaration(s) stating the total number of, and identify by name and address, any Class Members who the Settlement Administrator determines to have submitted a valid and timely Request for Exclusion and the total number of any Class Members who the Settlement Administrator determines to have submitted an untimely Request for Exclusion. The Settlement Administrator shall provide Plaintiffs’ Counsel with the original of the declaration(s), with copies to GTL, by no later than ten (10) days after the opt-out date as set forth herein below, so that the declaration(s) may be filed with the Court. i. The Settlement Administrator shall also be designated in the Notice to Class Members as the entity to contact (via mail, electronic mail and/or telephone) if they have any questions concerning the Notice or the settlement.

Class Notices. After Within sixty (60) calendar days of the date of Preliminary Approval, and subject to approval or by the Court of time specified by the means for dissemination: a. No later than twenty-one (21) days after the entry of the Order of Preliminary Approval (unless otherwise specifically modified below)Court, the Mailed Class Notice Settlement Administrator shall be mailed and send the Emailed Class Notice shall be emailed Notices in the forms attached hereto as Exhibits 1 - 2, or in such form as is approved by the Settlement AdministratorCourt, at the direction of Counsel for the Parties, to Class Members that: are identified by or were previously identified from GTL’s records during the process of disseminating notice of certification of the Class. Any questions relating to notice provided to individual members of the Class shall be directed to the Settlement Administrator, which shall answer questions raised by GTL. b. Claim forms may also be included with the Class Notice sent to Class Members. c. The Published Class Notice shall be submitted to the Court for approval in connection with the motion for Preliminary Approval to be published in a one-sixth (1/6) page size advertisement in the Star Ledger, the South Jersey Times and the Prison Legal News on two occasions: d. The Parties agree that the methods of Notice set forth in this Section constitute the best form of Notice to the Class that is practicable under the circumstances. All Notice and Administrative Costs will be paid out by GTL separate and apart from, and in addition to, the Settlement Payments. e. The Settlement Administrator shall prepare declaration(s) stating that the Notice was provided to Class members in accordance with the terms of this Agreement and any Court Order, along with the number of Notices which were mailed to the Class Members; the number of Notices which were successfully mailed; the number of Notices which were returned as undeliverable as addressed (hereinafter “UAA”); and the number of UAA Notices which were re-sent to Class Members; and the number of UAA which were re-sent successfullymembers. The Settlement Administrator shall provide Plaintiffs’ Counsel send the Email Notice, attached hereto as Exhibit 1, to all Settlement Class members for whom the Defendant has provided the Settlement Administrator with the originals of the declarations, with copies to GTL, so that the declarations may be filed with the Court. f. an e-mail address. The Settlement Administrator shall establish and maintain a send the Postcard Notice, attached hereto as Exhibit 1, to all Settlement Website from Class members for whom Defendant does not provide an email address to the date of the entry of the Order of Preliminary Approval until the conclusion of the claim period. g. The Settlement Administrator and to all Settlement Class members to whom the Settlement Administrator sent Exhibit 1 via email but for whom the Settlement Administrator receives notice of an undeliverable email. Postcard Notice shall be designated in mailed after the Notice to Class Members as Settlement Administrator updates mailing addresses provided by Defendant with the entity to contact if Class Members choose to exclude themselves from the settlement. h. National Change of Address database and other commercially feasible means. The Settlement Administrator shall also prepare declaration(s) stating maintain a website containing the total number ofComplaint, the Long Form Notice attached hereto as Exhibit 2, Plaintiff’s motion seeking Preliminary Approval, the Preliminary Approval Order, Plaintiff’s motion seeking Final Approval, and identify by name and address, any Class Members who the Settlement Administrator determines to have submitted a valid and timely Request for Exclusion and Final Approval Order until at least ninety (90) calendar days after the total number date of any Class Members who the Settlement Administrator determines to have submitted an untimely Request for ExclusionFinal Approval. The Settlement Administrator shall provide Plaintiffs’ Counsel with send the original of the declaration(s), with copies Long Form Notice by mail to GTL, by no later than ten (10) days after the opt-out date as set forth herein below, so any Settlement Class member who requests a copy. It will be conclusively presumed that the declaration(s) may be filed with intended recipients received the Court. i. The Notices if the Settlement Administrator shall also be designated in did not receive a bounce-back message for Email Notices and if mailed Postcard Notices have not been returned to the Notice to Class Members Administrator as the entity to contact undeliverable within fifteen (via mail, electronic mail and/or telephone15) if they have any questions concerning the Notice or the settlementcalendar days of mailing.

Class Notices. After As part of the Motion for Preliminary Approval, Class Counsel shall submit to the Bankruptcy Court for approval a proposed form of, method for, and subject schedule for dissemination of notice to approval the Class that is acceptable to ▇▇▇▇▇ Fargo (the “Notice Plan”). The Notice Plan shall include, at a minimum, direct notice by email, where an email address is available from ▇▇▇▇▇ Fargo’s records, and via first-class mail, and the Court exterior of the means for dissemination: a. No later than twenty-one (21) days after envelope conveying the entry notice shall contain no reference to the term “bankruptcy”. The notice shall also be translated into Spanish, which will be made available to class members on the settlement administration website. For Class Members who are in an active Chapter 13 bankruptcy case when the Settlement Administrator sends out the Notice of the Order of Preliminary Approval (unless otherwise specifically modified below)Settlement, the Mailed Settlement Administrator will send the Notice of Settlement to such Class Notice shall be mailed Members’ counsel of record and the Emailed Chapter 13 trustee for the respective Class Notice shall Members’ bankruptcy cases by email. In addition, a Settlement Website will be emailed established by the Settlement Administrator, at the direction of Counsel for the Parties, to Class Members that: are identified by or were previously identified from GTL’s records during the process of disseminating notice of certification of the Class. Any questions relating to notice provided to individual members of the Class shall be directed with a URL acceptable to the Settlement Administrator, which shall answer questions raised by GTL. b. Claim forms may also be included with the Class Notice sent Settling Parties subject to Class Members. c. ▇▇▇▇▇ Fargo’s final right of approval. The Published Class Notice shall be submitted to the Court for approval in connection with the motion Motion for Preliminary Approval shall ask the Bankruptcy Court to be published in a one-sixth (1/6) page size advertisement in the Star Ledger, the South Jersey Times and the Prison Legal News on two occasions: d. The Parties agree find that the methods of Notice set forth in this Section constitute the best proposed form of Notice and method for dissemination of notice to the Class that is constitutes valid, due, and sufficient notice to the Class; constitutes the best notice practicable under the circumstances; and complies fully with the requirements of Fed. All R. Civ. P. 23 and constitutional due process. The proposed form of notice to the Class pursuant to the Notice Plan (“Class Notice”) is attached hereto as Exhibit B. The Preliminary Approval Order, Class Notice, and Notice Plan must be agreed to by ▇▇▇▇▇ Fargo before submission to the Bankruptcy Court. ▇▇▇▇▇ Fargo shall provide the Class List to Class Counsel and the Settlement Administrator as soon as practicable after the Execution Date but no later than five (5) Days after Preliminary Approval. ▇▇▇▇▇ Fargo bears no responsibility for validating or ensuring that the contact or bankruptcy information provided in the Class List is accurate as of the time of the mailing of the Class Notice and Administrative Costs for purposes of distribution. The Settlement Administrator will be paid out by GTL separate use reasonable efforts to update and apart from, confirm the accuracy of the Class Members’ contact and bankruptcy information in addition tothe Class List through PACER and the United States Postal Service change of address system. On or before the Notice Deadline (fifty (50) Days after Preliminary Approval), the Settlement Payments. e. The Settlement Administrator shall prepare declaration(s) stating that send the Notice was provided of Settlement to the Class members Members in accordance with the terms of this Agreement and any Court Order, along with the number of Notices which were mailed to the Class Members; the number of Notices which were successfully mailed; the number of Notices which were returned as undeliverable as addressed (hereinafter “UAA”); and the number of UAA Notices which were re-sent to Class Members; and the number of UAA which were re-sent successfully. The Settlement Administrator shall provide Plaintiffs’ Counsel with the originals of the declarations, with copies to GTL, so that the declarations may be filed with the CourtNotice Plan. f. The Settlement Administrator shall establish and maintain a Settlement Website from the date of the entry of the Order of Preliminary Approval until the conclusion of the claim period. g. The Settlement Administrator shall be designated in the Notice to Class Members as the entity to contact if Class Members choose to exclude themselves from the settlement. h. The Settlement Administrator shall also prepare declaration(s) stating the total number of, and identify by name and address, any Class Members who the Settlement Administrator determines to have submitted a valid and timely Request for Exclusion and the total number of any Class Members who the Settlement Administrator determines to have submitted an untimely Request for Exclusion. The Settlement Administrator shall provide Plaintiffs’ Counsel with the original of the declaration(s), with copies to GTL, by no later than ten (10) days after the opt-out date as set forth herein below, so that the declaration(s) may be filed with the Court. i. The Settlement Administrator shall also be designated in the Notice to Class Members as the entity to contact (via mail, electronic mail and/or telephone) if they have any questions concerning the Notice or the settlement.

Class Notices. After Within sixty (60) calendar days of Preliminary Approval, and subject to approval or by the Court of the means for dissemination: a. No later than twenty-one (21) days after the entry of the Order of Preliminary Approval (unless otherwise specifically modified below), the Mailed Class Notice shall be mailed and the Emailed Class Notice shall be emailed time specified by the Settlement Administrator, at the direction of Counsel for the Parties, to Class Members that: are identified by or were previously identified from GTL’s records during the process of disseminating notice of certification of the Class. Any questions relating to notice provided to individual members of the Class shall be directed to the Settlement Administrator, which shall answer questions raised by GTL. b. Claim forms may also be included with the Class Notice sent to Class Members. c. The Published Class Notice shall be submitted to the Court for approval in connection with the motion for Preliminary Approval to be published in a one-sixth (1/6) page size advertisement in the Star Ledger, the South Jersey Times and the Prison Legal News on two occasions: d. The Parties agree that the methods of Notice set forth in this Section constitute the best form of Notice to the Class that is practicable under the circumstances. All Notice and Administrative Costs will be paid out by GTL separate and apart from, and in addition toCourt, the Settlement Payments. e. The Settlement Administrator shall prepare declaration(s) stating that send the Notice was provided to Class members Notices in accordance with the terms of this Agreement and any Court Orderforms attached hereto as Exhibits 1 - 2, along with or in such form as is approved by the number of Notices which were mailed Court, to the Class Members; the number of Notices which were successfully mailed; the number of Notices which were returned as undeliverable as addressed (hereinafter “UAA”); and the number of UAA Notices which were re-sent to Class Members; and the number of UAA which were re-sent successfully. The Settlement Administrator shall provide Plaintiffs’ Counsel send the “Email Notice,” attached hereto as Exhibit 1, to all Class Members for whom the Defendant has provided the Settlement Administrator with the originals of the declarations, with copies to GTL, so that the declarations may be filed with the Court. f. an e-mail address. The Settlement Administrator shall establish send the “Postcard Notice,” attached hereto as Exhibit 1, to all Class Members for whom Defendant does not provided an email address to the Claims Administrator and maintain a Settlement Website from to all Class Members to whom the date of the entry of the Order of Preliminary Approval until the conclusion of the claim period. g. The Settlement Administrator sent Exhibit 1 via email but for whom the Settlement Administrator receives notice of an undeliverable email. Postcard notice shall be designated in mailed after the Notice to Class Members as Settlement Administrator updates mailing addresses provided by Defendant with the entity to contact if Class Members choose to exclude themselves from the settlement. h. National Change of Address database and other commercially feasible means. The Settlement Administrator shall also prepare declaration(s) stating maintain a website containing the total number ofComplaint, the “long-form notice,” attached hereto as Exhibit 2, Plaintiffs’ motion seeking Preliminary Approval, the Preliminary Approval Order, Plaintiffs’ motion seeking Final Approval, and identify by name and address, any Class Members who the Settlement Administrator determines to have submitted a valid and timely Request for Exclusion and the total number of any Class Members who the Settlement Administrator determines to have submitted an untimely Request for ExclusionFinal Approval Order until at least ninety (90) calendar days after Final Approval. The Settlement Administrator shall provide Plaintiffs’ Counsel with send the original of the declaration(s), with copies long-form notice by mail to GTL, by no later than ten (10) days after the opt-out date as set forth herein below, so any Class Member who requests a copy. It will be conclusively presumed that the declaration(sintended recipients received the Class Notices if the Administrator did not receive a bounce-back message and if mailed Class Notices have not been returned to the Administrator as undeliverable within fifteen (15) may be filed with the Courtcalendar days of mailing. i. The Settlement Administrator shall also be designated in the Notice to Class Members as the entity to contact (via mail, electronic mail and/or telephone) if they have any questions concerning the Notice or the settlement.

Class Notices. After Within sixty (60) calendar days of Preliminary Approval, and subject to approval or by the Court of time specified by the means for dissemination: a. No later than twenty-one (21) days after the entry of the Order of Preliminary Approval (unless otherwise specifically modified below)Court, the Mailed Administrator shall send the Class Notice shall be mailed Notices in the forms attached hereto as Exhibits B, C, and the Emailed Class Notice shall be emailed D, or in such form as is approved by the Settlement AdministratorCourt, at the direction of Counsel for the Parties, to Class Members that: are identified by or were previously identified from GTL’s records during the process of disseminating notice of certification of the Class. Any questions relating to notice provided to individual members of the Class shall be directed to the Settlement Administrator, which shall answer questions raised by GTL. b. Claim forms may also be included with the Class Notice sent to Class Members. c. The Published Class Notice shall be submitted to the Court for approval in connection with the motion for Preliminary Approval to be published in a one-sixth (1/6) page size advertisement in the Star Ledger, the South Jersey Times and the Prison Legal News on two occasions: d. The Parties agree that the methods of Notice set forth in this Section constitute the best form of Notice to the Class that is practicable under the circumstances. All Notice and Administrative Costs will be paid out by GTL separate and apart from, and in addition to, the Settlement Payments. e. The Settlement Administrator shall prepare declaration(s) stating that the Notice was provided to Class members in accordance with the terms of this Agreement and any Court Order, along with the number of Notices which were mailed to the Class Members; the number of Notices which were successfully mailed; the number of Notices which were returned as undeliverable as addressed (hereinafter “UAA”); and the number of UAA Notices which were re-sent to Class Members; and the number of UAA which were re-sent successfully. The Settlement Administrator shall provide Plaintiffs’ Counsel send the “Email Notice,” attached hereto as Exhibit B, to all Class Members for whom BANA has provided the Notice Administrator with an e-mail address. The Administrator shall send the “Postcard Notice,” attached hereto as Exhibit C, to all Class Members for whom BANA has not provided an email address and to all Class Members to whom the Administrator sent Exhibit B via email but for whom the Administrator receives notice of an undeliverable email. Exhibit C shall be mailed after the Administrator updates mailing addresses provided by BANA with the originals National Change of the declarations, with copies to GTL, so that the declarations may be filed with the Court. f. Address database and other commercially feasible means. The Settlement Administrator shall establish and maintain a Settlement Website from the date of the entry of the Order of Preliminary Approval until the conclusion of the claim period. g. The Settlement Administrator shall be designated in the Notice to Class Members as the entity to contact if Class Members choose to exclude themselves from the settlement. h. The Settlement Administrator shall also prepare declaration(s) stating maintain a website containing the total number ofComplaint, the “long-form notice,” attached hereto as Exhibit D, Plaintiffs’ motion seeking Preliminary Approval, the Preliminary Approval Order, Plaintiffs’ motion seeking Final Approval, and identify the Final Approval Order until at least ninety (90) calendar days after Final Approval. The Administrator shall send the long-form notice by name and address, mail to any Class Members Member who the Settlement Administrator determines to have submitted requests a valid and timely Request for Exclusion and the total number of any Class Members who the Settlement Administrator determines to have submitted an untimely Request for Exclusioncopy. The Settlement Administrator shall provide Plaintiffs’ Counsel with the original of the declaration(s), with copies to GTL, by no later than ten (10) days after the opt-out date as set forth herein below, so It will be conclusively presumed that the declaration(sintended recipients received the Class Notices if the Administrator did not receive a bounce-back message and if mailed Class Notices have not been returned to the Administrator as undeliverable within fifteen (15) may be filed with the Courtcalendar days of mailing. i. The Settlement Administrator shall also be designated in the Notice to Class Members as the entity to contact (via mail, electronic mail and/or telephone) if they have any questions concerning the Notice or the settlement.