Common use of Procedure for Requesting Exclusion Clause in Contracts

Procedure for Requesting Exclusion. Settlement Class Members who wish to request exclusion or “opt out” of this Settlement must submit a written statement to the Class Action Settlement Administrator by the Objection/Exclusion Deadline. To be valid, each request for exclusion must: (1) state the Settlement Class Member’s name, address, and phone number; (2) be personally signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (3) include the statement “I/we request to be excluded from the class settlement in [TBD]. Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. The date of the postmark on the mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request shall be deemed untimely unless it is received by the Class Action Settlement Administrator within five (5) calendar days of the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any Settlement Award, will not be bound by the Settlement, and will not have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the Objection/Exclusion Deadline shall be bound by all terms of the Settlement and any final DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 judgment entered in this litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested exclusion from the Settlement. A Settlement Class Member who does not timely request exclusion from the Settlement Class but does not submit a Claim Form so as to be entitled to a Settlement Award is still bound by the terms of this Agreement, including the release of the Released Claims.

Procedure for Requesting Exclusion. Settlement The Class Notice shall provide that Class Members who wish to request exclusion or “opt out” of this Settlement exclude themselves from the Class must submit complete and return a written statement to the Class Action Settlement Administrator by request for exclusion (“Request for Exclusion”) within the Objection/Exclusion Deadline. To be valid, each request The Class Notice shall provide sample language for exclusion must: (1) state the Settlement Class Member’s name, address, and phone number; (2) be personally signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (3) include the statement “I/we request to be excluded from the class settlement in [TBD]. Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffectiveRequest for Exclusion. The date of the postmark on the return mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request Request for Exclusion has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request Request for Exclusion shall be deemed untimely unless it is received by the Class Action Settlement Administrator within five (5) calendar days of after the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any payment or benefit from the Settlement Award, and will not be bound by the Settlement, and will not Settlement or have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request Request for exclusion Exclusion on or before the Objection/Exclusion Deadline shall become Settlement Class Members, and thus be bound by all terms of the Settlement and any final DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 judgment Final Judgment entered in this litigation Litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested request exclusion from the Settlement. A No later than ten (10) days after the Objection/Exclusion Deadline, the Settlement Administrator shall provide to both Class Member Counsel and Defense Counsel a complete list of all Class Members who does not have timely request requested exclusion from the Settlement Class but does not submit a Claim Form so as to be entitled to a Settlement Award is still bound by Class. If the terms total number of this Agreement, including the release Plaintiffs who request exclusion equals 6.5% or more of the Released Claimsnumber of Class Members, AnnTaylor will have the option of rejecting the Settlement in its entirety. If AnnTaylor elects to exercise its rights under this provision, it will so notify Class Counsel and the Court no later than ten (10) days after receiving notice from the Settlement Administrator of the number of opt-outs.

Procedure for Requesting Exclusion. The Notice shall provide that Settlement Class Members who wish to request exclusion or “opt out” of this exclude themselves from the Settlement Class must submit a written statement requesting exclusion from the Settlement Class by mail or email to the Class Action Settlement Administrator by on or before the Objection/Exclusion Deadline. To be valid, each Such written request for exclusion must: (1) state digits of his or her social security number, and a statement that the Settlement Class Member’s name, address, and phone number; (2) Member wishes to be personally excluded from the Settlement. The request must be signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (3) include the statement “I/we request to be excluded from the class settlement in [TBD]. Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. So- The date of the postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/request for exclusion request has been timely submitted. In the event that the postmark is illegibleIf a Settlement Class Member submits a timely but deficient exclusion statement, the opt-out/exclusion request shall be deemed untimely unless it is received by the Class Action Settlement Administrator shall notify the Settlement Class Member of the deficiency within five three (53) business days of receipt. The Settlement Class Member shall have fourteen (14) calendar days of from the Objection/Exclusion Deadlinedate such notice is issued to cure the deficiencies, at which point his or her attempted exclusion will be rejected if a proper exclusion is not received within such time. Any Settlement Class Member who properly opts out of excludes himself or herself from the Settlement Class using this procedure will not be entitled to any recovery under the Settlement Award, and will not be bound by the Settlement. The Settlement Administrator shall provide the requests for exclusion to the Parties, and will not have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request Counsel shall file the requests for exclusion on or before with the Objection/Exclusion Deadline shall be bound by all terms motion for Final Approval of the Settlement and any final DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 judgment entered in this litigation if Settlement. If the Settlement Agreement is finally approved by the Court, regardless all Settlement Class Members who have not validly excluded themselves by the Exclusion Deadline will be bound by the Settlement Agreement, and the relief provided by the Settlement Agreement will be their sole and exclusive remedy for the released claims. Any member of whether they ineffectively the Settlement Class who elects to be excluded from the Settlement shall not: (i) be bound by the Settlement, (ii) be entitled to relief under this Settlement Agreement, (iii) gain any rights by virtue of this Settlement Agreement, or untimely requested exclusion (iv) be entitled to object to any aspect of this Settlement Agreement. Class Counsel agrees not to solicit any individuals that exclude themselves from the Settlement. A Defendant may terminate this Agreement in the event that 4% or more of the Settlement Class Member who does not Members submit timely request and valid requests for exclusion from the Settlement Class but does not submit a Claim Form so as to be entitled to a Settlement Award is still bound by the terms of this Agreementsettlement (i.e., including the release of the Released Claimsopt-out).