Exclusions/Opt-Outs. 11.1 Any Class Member who receives Class Notice under Section 6.3 of this Agreement and who wishes to be excluded from the Settlement must submit a written request for exclusion by first class U.S. mail, postage paid, to the United States Post Office Box established and maintained by the Settlement Administrator for the purposes of this Settlement. Any request for exclusion from the Settlement must be postmarked on or before the deadline set by the Court and specified in the Class Notice, which shall be no less than sixty (60) calendar days after the Initial Mailing of the Class Notice. Anyone submitting a request for exclusion must: (a) set forth his/her full name and current address; (b) set forth his/her M&T loan number; and (c) specifically state his/her desire to be excluded from the Settlement.
Exclusions/Opt-Outs. 1. Any Class Member who wishes to opt out of the Class must mail to the Claims Administrator a written, signed statement that he or she is opting out. Opt-Out Requests must be received within forty-five (45) days after Notice is mailed to Class Members. Class Counsel shall file with the Court all timely Opt-Out Requests. The Settlement Class will not include those individuals who timely submit an Opt-Out Request, and individuals who opt out are not entitled to any Award under this Settlement Agreement. The Notice shall include the following language: “Any Class Member who wishes to opt out must mail a written, signed statement that he/she is opting out of the Settlement to the Claims Administrator, at the address listed above. To be effective, this opt out statement must be received on or before [forty-five
Exclusions/Opt-Outs. A Class Member who submits a timely Request for Exclusion Form or Opt-Out Request shall NOT: (i) be bound by an order of final or judgments entered in this Lawsuit; (ii) be entitled to benefits or relief under this Agreement; (iii) gain rights by virtue of this Agreement; and (iv) be entitled to object to the Agreement or appeal from an order of the Court. The notice shall advise Class Members of their option to exclude themselves from this Class Settlement Agreement, the procedure by which to do so and that, if they exclude themselves from the Class Settlement Agreement: (i) they will not be entitled to receive any award or other benefit from the Settlement; and (ii) they will not be bound by the terms of the Settlement, including by the release of claims against the Released Parties, and will be able to pursue claims on their own against the Released Parties, subject to Defendants’ defenses. Any Class Member who wishes to opt out of the Class for purposes of this Class Settlement Agreement must mail to the Claims Administrator a written, signed statement that he or she is opting out. Opt-Out Requests must be postmarked or otherwise received by the Claims Administrator within sixty (60) days after Notice is mailed to Class Members. Upon receipt of an Opt-Out Request, the Claims Administrator shall promptly notify, and send a copy of the Opt-Out Request to counsel for the Settling Defendant and to Class Counsel, and shall provide Class Counsel with such Class Member’s last known telephone number as reflected in the Opt-Out Request. If a fully completed and properly executed Request for Exclusion is not timely received by the Settlement Administrator from a Class Member, then that Class Member will be deemed to have forever waived his or her right to opt out of the Class. The Claims Administrator shall determine whether a Class Member has timely and properly opted out of this Settlement Agreement. Those decisions will be final. Class Counsel shall file with the Court all timely Opt-Out Requests. Class Members who file Opt-Out Requests may rescind their Opt-Out Request. To be effective, such rescissions must be in writing and must be received by the Claims Administrator at least seven (7) days before the Fairness Hearing.
Exclusions/Opt-Outs. 10 16. The Court hereby APPROVES the proposed procedure for exclusion or opting out 11 of the Class. Each Class Member will have 45 days after the date on which the Settlement 12 Administrator first mails the Notice to opt out by submitting an Exclusion Request as set forth in 13 the Settlement.
Exclusions/Opt-Outs. 1. A Class Member who submits a timely Request for Exclusion Form or Opt-Out Request shall NOT: (i) be bound by an order of final judgment entered in this Lawsuit; (ii) be entitled to benefits or relief under this Settlement Agreement; (iii) gain rights by virtue of this Settlement Agreement; and (iv) be entitled to object to the Settlement Agreement or appeal from an order of the Court.
Exclusions/Opt-Outs. 1. Any Class Member who wishes to opt out of the Class for purposes of this Settlement Agreement must mail to the Claims Administrator a written, signed statement that he or she is opting out. Opt-Out Requests must be postmarked within sixty (60) days after Notice is mailed to Class Members. Upon receipt of an Opt-Out Request, the Claims Administrator shall promptly notify and send a copy of the Opt-Out Request to counsel for the Defendant and to Class Counsel and shall provide Class Counsel with such Class Member’s last known telephone number as reflected in the Opt-Out Request. If a fully completed and properly executed Request for Exclusion is not timely received by the Settlement Administrator from a Class Member, then that Class Member will be deemed to have forever waived his or her right to opt out of the Class. The Claims Administrator shall determine whether a Class Member has timely and properly opted out of this Settlement Agreement. Those decisions will be final, subject only to affirmation by the Court, if challenged. Class Counsel shall file with the Court all timely Opt-Out Requests.
