Common use of Exclusion from the Class Clause in Contracts

Exclusion from the Class. Any Class Member may, upon timely request, be excluded from the Class. Any such Class Member must submit a written Request to Opt Out to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. To be valid, the Request to Opt Out must: (a) identify the case name; (b) identify the name and address of the person requesting exclusion; (c) be personally signed by the person requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement Class, such as “I hereby request that I be excluded from the proposed Settlement Class in the Action,” as set forth in Section 11 of the Agreement. All Class Members who submit valid, verified, and timely Requests to Opt Out in the manner set forth in this Paragraph shall have no rights under the Agreement and shall not be bound by the Agreement or any Final Judgment. Mass or class opt outs shall not be allowed. A request to Opt-Out by a borrower or co- borrower on an Account shall be deemed to be a request to Opt-Out by all borrowers on the Account. A Class Member who desires to opt out must make timely affirmative written action pursuant to this Order and the Agreement, even if the person desiring to opt out of the Class (a) files or has filed a separate action against any of the Released Parties, or (b) is, or becomes, a putative class member in any other class action filed against any of the Released Parties.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Exclusion from the Class. Any Settlement Class Member may, upon timely request, who wishes to be excluded from the Class. Any such Class Member must submit send a written Request to Opt Out for Exclusion to the Settlement Administrator at Administrator, by first-class mail, postage prepaid, to the mailing address listed provided in the Class Notice and Settlement Website. Any such Request for Exclusion must be postmarked no later than thirty the Opt-Out Deadline (30) days which is 100 Days after the Notice Mailing Date. ). a. To be valid, the Request to Opt Out for Exclusion must: (a) identify the case namename and number; (b) identify the name and address of the person Settlement Class Member requesting exclusion; (c) be personally signed by the person Settlement Class Member requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement ClassClass in the Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class in the Tobajian Class Action,.as set forth in Section 11 of the Agreement. All Class Members who submit valid, verifiedPersons must request exclusion individually, and timely Requests to Opt Out in the manner set forth in this Paragraph shall have no rights under the Agreement and shall not be bound by the Agreement or any Final Judgment. Mass mass or class opt opt-outs shall not be allowed. A request to Opt-Out by . b. Except for those potential Settlement Class Members who timely and properly file a borrower or co- borrower on an Account shall Request for Exclusion, all Settlement Class Members will be deemed to be a request to Opt-Out by members of the Class for all borrowers on the Account. A Class Member who desires to opt out must make timely affirmative written action pursuant to this Order and purposes under the Agreement, even if 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 person desiring to Releases in Section 10 of the Settlement Agreement. c. If more than 300 potential Settlement Class Members timely and validly opt out of the Class (a) files or has filed a separate action against any Settlement, then the Settlement may be deemed null and void upon notice by Allstate pursuant to Section 11.4 of the Released Parties, or (b) is, or becomes, a putative class member in any other class action filed against any of the Released PartiesAgreement.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Exclusion from the Class. Any Class Member may, upon timely request, be excluded from the Class. Any such Class Member must submit a written Request to Opt Out to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. To be valid, the Request to Opt Out must: (a) identify the case name; (b) identify the name and address of the person requesting exclusion; (c) be personally signed by the person requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement Class, such as “I hereby request that I be excluded from the proposed Settlement Class in the Action,” as set forth in Section 11 of the Agreement. All Class Members who submit valid, verified, and timely Requests to Opt Out in the manner set forth in this Paragraph shall have no rights under the Agreement and shall not be bound by the Agreement or any Final Judgment. Mass or class opt outs shall not be allowed. A request to Opt-Out by a borrower an owner or co- borrower owner on an Account shall be deemed to be a request to Opt-Out by all borrowers owners on the Account. A Class Member who desires to opt out must make timely affirmative written action pursuant to this Order and the Agreement, even if the person desiring to opt out of the Class (a) files or has filed a separate action against any of the Released Parties, or (b) is, or becomes, a putative class member in any other class action filed against any of the Released Parties.

Appears in 1 contract

Sources: Class Action Settlement Agreement