Common use of Exclusions from the Settlement Class Clause in Contracts

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Out Deadline, provide NRC with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. (a) Subject to Court approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees reserve all of their legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings or has standing to bring any claim against any Releasee. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2000 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 21. (c) NRC or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Opt-Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Out Deadline, provide NRC the Panasonic Defendants with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class Members who timely and validly opted out of the settlement. (a) Subject to Court approval, any member of the Settlement Class who submits a valid and timely request for exclusion from the Settlement Class will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees The Panasonic Defendants reserve all of their legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Air Conditioning Systems or has standing to bring any claim against any Releaseethe Panasonic Defendants. (b) Subject to Court Approval, in the written request for exclusionapproval, the member of the Settlement Class must state his, her, or its full name, street address, address and telephone numbernumber in the written request for exclusion. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, she or it wishes to be excluded from the settlementSettlement Class. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January May 1, 2000 1999 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 21Class. (c) NRC The Panasonic Defendants or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain seek a ruling thereon thereon, within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement ClassClass by the Opt-Out Deadline. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlementSettlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Opt- Out Deadline, provide NRC Delphi with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class Members who timely and validly opted out of the settlement. (a) Subject to Court approvalApproval, any member of the Settlement Class who submits a valid and timely request for exclusion from the Settlement Class will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees reserve Delphi reserves all of their its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Ignition Coils or has standing to bring any claim against any ReleaseeDelphi. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlementSettlement Class. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2000 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2119. (c) NRC Delphi or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. 27. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Opt-Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class Court-approved notice of settlement to be disseminated to the members of the Settlement Class will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Opt-Out Deadline, provide NRC the Corning Defendants with a list and copies of all opt opt-out requests it receives they receive in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. (a) Subject to Court approvalApproval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees The Corning Defendants reserve all of their legal rights and defenses, including, including but not limited to, to any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Ceramic Substrates or has standing to bring any claim against any Releaseethe Corning Defendants. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlementSettlement Class. Any member of the Settlement Class that submits a written request for exclusion may must also identify the number of Vehicles purchased from January 1, 2000 1990 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2118. (c) NRC The Corning Defendants or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, position and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Opt-Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Classas defined in Paragraph 8. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Opt-Out Deadline, provide NRC Eberspächer with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class Members who timely and validly opted out of the settlementSettlement Class. (a) Subject to Court approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees reserve Eberspächer reserves all of their its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Exhaust Systems or has standing to bring any claim against any ReleaseeEberspächer. (b) Subject to Court Approvalapproval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2000 2002 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2120. (c) NRC Eberspächer or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Out Deadline, provide NRC Chiyoda with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. (a) Subject to Court approvalApproval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees reserve Chiyoda reserves all of their its legal rights and defenses, including, including but not limited to, to any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Automotive Wire Harness Systems or has standing to bring any claim against any ReleaseeChiyoda. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number, and email address. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlementSettlement. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2000 1999 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2119. (c) NRC Chiyoda or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Opt-Out Deadline, which which, as defined above, shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Opt-Out Deadline, provide NRC NGK with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class Members who timely and validly opted out of the this settlement. (a) Subject to Court approvalApproval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees reserve NGK reserves all of their its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Spark Plugs, Standard Oxygen Sensors, or Air Fuel Ratio Sensors or has standing to bring any claim against any ReleaseeNGK. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlementSettlement Class. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of new Vehicles purchased from January 1, 2000 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2120. (c) NRC NGK or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Opt-Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Classas defined in Paragraph 8. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Opt-Out Deadline, provide NRC ▇▇▇▇▇ ▇▇▇▇ with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class Members who timely and validly opted out of the settlementSettlement Class. (a) Subject to Court approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees reserve ▇▇▇▇▇ Behr reserves all of their its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Air Conditioning Systems or has standing to bring any claim against any Releasee▇▇▇▇▇ ▇▇▇▇. (b) Subject to Court Approvalapproval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January May 1, 2000 1999 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2119. (c) NRC ▇▇▇▇▇ Behr or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement

Exclusions from the Settlement Class. Subject to Court approval, any person or entity seeking exclusion from the Settlement Class must file a written request for exclusion by the Opt Out Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approvalFinal Court Approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Opt-Out Deadline, provide NRC Aisan Defendants with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. (a) Subject to Court approvalApproval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. NRC and the other Releasees Aisan Defendants reserve all of their legal rights and defenses, including, including but not limited to, to any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings Fuel Injection Systems or has standing to bring any claim against any ReleaseeAisan Defendants. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number, and email address. Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2000 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 2120. (c) NRC Aisan Defendants or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt- Opt-Out Deadline.

Appears in 1 contract

Sources: Settlement Agreement