Exclusion from the Settlement Class Sample Clauses
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Exclusion from the Settlement Class. Any member of the Settlement Class who wishes to be excluded from the Settlement (i.e., “opt out”) must send a written request for exclusion to the Settlement Administrator stating a request to “opt out” or to be “excluded” no later than thirty (30) days prior to the Final Fairness Hearing (the “Opt-Out Deadline”). In order to be effective, the request must include: (a) the name of the Lawsuit; (b) the full name and address of the member of the Settlement Class requesting exclusion; (c) the information that qualifies him or her for inclusion in the Settlement Class, including the name of the Hotel(s) at which the Settlement Class member booked and paid for a stay as well as the dates the Settlement Class member stayed at said Hotel(s); (d) the following statement: “I hereby request that I be excluded from the proposed Settlement Class in the Lawsuit” or a substantially similar statement that unambiguously communicates a desire to be excluded from the Settlement; and (e) the personal signature of the member of the Settlement Class requesting exclusion. Exclusion requests must be made individually by the member of the Settlement Class who is requesting exclusion; no generic or “mass” opt-outs shall be allowed. Members of the Settlement Class who exclude themselves from the Settlement will not be eligible to receive any benefits under the Settlement, will not be bound by any further orders or judgments entered for or against the Settlement Class related hereto, and will preserve their ability independently to pursue any claims they may have against Defendants.
Exclusion from the Settlement Class. Any potential Settlement Class Member who wishes to be excluded from the Class must send a written Request for Exclusion to the Settlement Administrator, by first-class mail, postage prepaid, to the address provided in the Mail Notice and Settlement Website. Any such Request for Exclusion must be postmarked no later than ninety (90) Days after the Mail Notice Deadline.
a. To be valid, the Request for Exclusion must: (a) identify the name and address of the potential Settlement Class Member requesting exclusion; (b) provide the cell phone number(s) at which that potential Settlement Class Member was called by Ocwen during the Settlement Class Period; (c) be personally signed by the potential Settlement Class Member requesting exclusion; and (d) contain a statement that reasonably indicates a desire to be excluded from the Settlement.
b. Except for those potential members of the Settlement Class who timely and properly file a Request for Exclusion, all other potential members of the Settlement Class will be deemed to be Settlement Class Members for all purposes under the Agreement, and upon Final Approval, will be bound by its terms, regardless of whether they receive any monetary relief or any other relief, including, but not limited to, the Releases in Section 10 of the Settlement Agreement.
c. If 1,200 or more potential members of the Settlement Class properly and timely opt out of the Settlement, then the Settlement may be deemed null and void upon notice by Wilmington Trust without penalty or sanction.
Exclusion from the Settlement Class. 10.1 Settlement Class Members will have until 60 calendar days after the Claims Administrator has sent Settlement Class Notice to exclude themselves from the Settlement Class by sending a letter by first class mail to the Claims Administrator containing
(1) the title of the Action; (2) the full name, address, and telephone number of the person requesting exclusion; (3) a statement that he or she requests exclusion from the Settlement Class; and (4) the telephone number(s) with which the Settlement Class Member communicated with Intoxalock. Settlement Class Members who timely opt out of the Class Action Settlement shall: (a) have no right to receive any benefits from the Class Action Settlement; (b) not be bound by the terms of the Class Action Settlement; and (c) have no right to object to the terms of the Class Action Settlement or to be heard at the final fairness hearing. Opt-out letters must be submitted individually and cannot be made on behalf of a group of Settlement Class Members. Each letter must be signed by the Settlement Class Member who is opting out. Any such opt-out request must be made in accordance with the terms set forth in this Agreement and the Settlement Class Notice and will be timely only if postmarked no later than 60 calendar days after the Claims Administrator has sent Settlement Class Notice (the “Exclusion Period”). The delivery date is deemed to be the date the request for exclusion is deposited in the U.S. Mail as evidenced by the postmark. No later than 10 calendar days after the end of the Exclusion Period, the Claims Administrator shall provide Settlement Class Counsel and Defense Counsel with a list of the Settlement Class Members who have validly opted out of the Settlement Class. Settlement Class Members cannot both object to and opt out of this settlement. Any Settlement Class Member who attempts to both object to and opt out of this settlement will be deemed to have opted out and will forfeit the right to object to the settlement set forth in this Agreement or any of its terms. If a Class Member returns both a valid and timely Claim Form and an opt-out request, the opt-out request shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of this Agreement.
10.2 Notwithstanding anything else in this Agreement, if more than 5% of the Settlement Class Members opt out, Intoxalock shall have the unilateral option to terminate this Agreement at their sole discretion and this Agre...
Exclusion from the Settlement Class. Any putative Settlement Class Member that wishes to exclude himself, herself or itself from the Settlement Class must request exclusion in writing within the time and in the manner set forth in the Notice, which shall provide that: (a) any such request for exclusion from the Settlement Class must be mailed or delivered such that it is received no later than twenty-one (21) days prior to the Settlement Hearing, to the Claims Administrator at the address set forth in the Notice, and (b) that each request for exclusion must
(i) state the name, address and telephone number of the person or entity requesting exclusion, and in the case of entities the name and telephone number of the appropriate contact person; (ii) state that such person or entity “requests exclusion from the Settlement Class in ▇▇▇▇▇▇▇ v. OSI Systems, Inc., et al., Case No. 2:13-cv- 09174-MWF”; (iii) state the number of shares of OSI common stock that the person or entity requesting exclusion purchased/acquired and/or sold in the United States during the Settlement Class Period, and the dates and prices of each such purchase/acquisition and sale; and (iv) be signed by the person or entity requesting exclusion or an authorized representative. A request for exclusion shall not be effective unless it provides all the required information and is received within the time stated above, or is otherwise accepted by the Court.
Exclusion from the Settlement Class. Any Settlement Class Member that wishes 24 to be excluded from the Settlement Class must mail an Exclusion Letter to the Settlement 25 Administrator at the addresses provided in the Notice, postmarked no later than the Deadline to 26 Opt-Out, as specified on the Notice, and sent via first class postage pre-paid U.S. mail. The 1 Exclusion Letter must: a) state the Settlement Class Member’s full name, address, and telephone
Exclusion from the Settlement Class. Settlement Class Members may elect not to be part of the Settlement Class and not to be bound by this Agreement. To make this election, Settlement Class Members must submit a Notice of Opt-Out electronically or by postal mail. Settlement Class Members may also send a signed letter or postcard to the Settlement Administrator stating: (a) the name and case number of the ▇▇▇▇▇-▇▇▇▇▇▇ Action; (b) the full name, address, and telephone number of the person requesting exclusion; and (c) a statement that he/she does not wish to participate in the Agreement, postmarked no later than the Exclusion Deadline. The Settlement Administrator must serve on Class Counsel and R+F’s Counsel a list of Settlement Class Members who have timely and validly excluded themselves from the Settlement Class no later than seven (7) court days prior to the filing date of Plaintiffs’ motion for final approval. If a Settlement Class Member submits both a Claim Form and an exclusion request, the Claim Form shall take precedence and be considered valid and binding, and the exclusion request shall be deemed to have been sent by mistake and rejected.
Exclusion from the Settlement Class. To file a Request for Exclusion, Settlement Class Members must follow the directions in the Notice and send a compliant request to the Claims Administrator at the address designated in the Class Notice by the Opt- Out Deadline. In the Request for Exclusion, the Settlement Class Member must state his or her full name, address, and cellular telephone number(s) at which the Settlement Class Member alleges he or she received a call from one of the Defendants, and must state that he or she wishes to be excluded from the Settlement. No Request for Exclusion will be valid unless all of the information described above is included. No Settlement Class Member, or any person acting on behalf of or in concert or participation with that Settlement Class Member, may exclude any other Settlement Class Member from the Settlement Class.
Exclusion from the Settlement Class. Any member of the Settlement Class who wishes to exclude himself, herself, or itself from the Settlement Class must request exclusion in writing within the time and in the manner set forth in the Notice, which shall provide that: (a) any such request for exclusion from the Settlement Class must be mailed or delivered such that it is received no later than twenty-one (21) calendar days prior to the Settlement Hearing, to: ▇▇▇▇▇ Fargo Securities Litigation, EXCLUSIONS, c/o Epiq Class Action and Claims Solutions, Inc., P.O. Box 5430, Portland, OR 97228-5430, and (b) each request for exclusion must (i) state the name, address, and telephone number of the person or entity requesting exclusion, and in the case of entities, the name and telephone number of the appropriate contact person; (ii) state that such person or entity “requests exclusion from the Settlement Class in In re ▇▇▇▇▇ Fargo & Co. Securities Litigation, No. 1:20-cv-04494-GHW-SN (S.D.N.Y.)”; (iii) state the number of shares of ▇▇▇▇▇ Fargo common stock that the person or entity requesting exclusion (A) owned as of the opening of trading on February 2, 2018 and (B) purchased/acquired and/or sold from February 2, 2018 through March 12, 2020, inclusive, as well as the dates and prices of each such purchase/acquisition and/or sale and, for each, the numbers of shares purchased/acquired and/or sold; and (iv) be signed by the person or entity requesting exclusion or an authorized representative. A request for exclusion shall not be effective unless it provides all the required information and is received within the time stated above, or is otherwise accepted by the Court.
Exclusion from the Settlement Class. Any requests for exclusion from the Settlement Class in connection with the Notice must be submitted in accordance with the instructions included in the Notice. A Class Member wishing to make such a request shall mail the request in written form by first class mail to the address designated in the Notice, such that it is received no later than twenty-one (21) calendar days prior to the Settlement Hearing. Such request for exclusion shall clearly state that the Settlement Class Member requests to be “excluded from the Settlement Class in In re CPI Card Group Inc. Securities Litigation, ▇▇. ▇▇ ▇▇▇. ▇▇▇▇▇ (▇▇▇) (S.D.N.Y.)” and must (i) state the name, address and telephone number of the person or entity requesting exclusion; (ii) state the number of shares of CPI common stock the person or entity purchased, acquired, and sold during the Relevant Period, as well as the dates and prices of each such purchase, acquisition and sale; and (iii) be signed by the Person requesting exclusion or an authorized representative. The request for exclusion shall not be effective unless it provides the required information and is made within the time stated above, or the exclusion is otherwise accepted by the Court.
Exclusion from the Settlement Class. Any member of the Settlement Class who wishes to exclude himself, herself or itself from the Settlement Class must request exclusion in writing within the time and in the manner set forth in the Notice, which shall provide that:
(a) any such request for exclusion from the Settlement Class must be mailed or delivered such that it is received no later than twenty-one (21) calendar days prior to the Settlement Hearing, to: In re Genworth Financial, Inc. Securities Litigation, EXCLUSIONS, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, and (b) each request for exclusion must (i) state the name, address, and telephone number of the person or entity requesting exclusion, and in the case of entities, the name and telephone number of the appropriate contact person; (ii) state that such person or entity “requests exclusion from the Settlement Class in In re Genworth Financial, Inc. Securities Litigation, Case No. 3:14-CV-00682”; (iii) identify and state the number of each Genworth Security (in terms of shares of Genworth common stock and face value of Genworth Bonds) that the person or entity requesting exclusion purchased/acquired and/or sold during the Settlement Class Period (i.e., between October 30, 2013, and November 5, 2014, inclusive), as well as the dates and prices of each such purchase/acquisition and sale; and (iv) be signed by the person or entity requesting exclusion or an authorized representative. A request for exclusion shall not be effective unless it provides all the required information and is received within the time stated above, or is otherwise accepted by the Court.