Opt-Out Requests Clause Samples

Opt-Out Requests. Each Holder shall have the right, at any time and from time to time (including after receiving information regarding any potential public offering), to elect by giving ten (10) business days’ notice to the Corporation to not receive any notice that the Corporation or any other Holders otherwise are required to deliver pursuant to this Agreement by delivering to the Corporation a written statement signed by such Holder that it does not want to receive any notices hereunder (an “Opt-Out Request”); in which case and notwithstanding anything to the contrary in this Agreement, subject to applicable law, the Corporation and other Holders shall not be required to, and shall not deliver any notice or other information required to be provided to Holders hereunder to the extent that the Corporation reasonably expects would result in a Holder acquiring material non-public information within the meaning of Regulation FD promulgated under the Exchange Act; provided, however, that any notices or information required to effect the provisions of Section 5 shall not be deemed subject to any Opt-Out Request. An Opt-Out Request may state a date on which it expires or, if no such date is specified, shall remain in effect indefinitely. A Holder who previously has given the Corporation an Opt-Out Request may revoke such request at any time by giving ten (10) business days’ notice to the Corporation, and there shall be no limit on the ability of a Holder to issue and revoke subsequent Opt-Out Requests; provided that each Holder shall use commercially reasonable efforts to minimize the administrative burden on the Corporation arising in connection with any such Opt-Out Requests.

Opt-Out Requests. Each Investor Party shall have the right, at any time and from time to time (including after receiving information regarding any potential public offering), to elect to not receive any notice that the Company or any other Investor Party otherwise are required to deliver pursuant to this Agreement by delivering to the Company a written statement signed by such Investor Party that it does not want to receive any notices hereunder (an “Opt-Out Request”); in which case and notwithstanding anything to the contrary in this Agreement the Company and other Investor Parties shall not be required to, and shall not, deliver any notice or other information required to be provided to such Investor Party hereunder to the extent that the Company or such other Investor Parties reasonably expect would result in such Investor Party acquiring material non-public information within the meaning of Regulation FD promulgated under the Exchange Act. An Opt-Out Request may state a date on which it expires or, if no such date is specified, shall remain in effect indefinitely. An Investor Party that previously has given the Company an Opt-Out Request may revoke such request at any time, and there shall be no limit on the ability of an Investor Party to issue and revoke subsequent Opt-Out Requests; provided that each Investor Party shall use commercially reasonable efforts to minimize the administrative burden on the Company arising in connection with any such Opt-Out Requests.

Opt-Out Requests. Subject to Sections 3(a), 3(b) and 4(b), each Holder shall have the right, at any time and from time to time (including after receiving information regarding any potential public offering), to elect to not receive any notice that the Company or any other Holders otherwise are required to deliver pursuant to this Agreement regarding a Demand Registration or Shelf Offering by delivering to the Company a written statement signed by such Holder that it does not want to receive any such notices hereunder (an “Opt-Out Request”); in which case, and notwithstanding anything to the contrary in this Agreement, the Company and other Holders shall not be required to, and shall not, deliver any such notice or other related information required to be provided to Holders hereunder to the extent that the Company or such

Opt-Out Requests. If any Class Member wishes to Opt-Out from (in other words, be excluded from) this Settlement, the Class Member may do so by completing the online exclusion form at the Settlement Website; downloading and submitting to the Settlement Administrator a completed exclusion form; or submitting a valid request to exclude themselves, as described in the Notice to the Settlement Administrator. Opt-Out requests must be postmarked by the Opt-Out Deadline or they shall not be valid. Class Members who elect to Opt-Out from this Settlement shall not be permitted to object to this Settlement or to intervene. Class Members shall be encouraged, but not required, to provide their email addresses in their requests for exclusion. So-called “mass” or “class” opt-outs shall not be allowed. For the avoidance of doubt, any Class Member who does not timely Opt-Out of this Settlement will be deemed a member of, and will be included within, the Settlement Class without any action on his or her part. In the event that one thousand (1,000) or more of the Class Members Opt-Out, Defendants shall have the option to elect to terminate this Agreement, in which circumstance the Settlement will become null and void and the parties will return to the status quo ante. At least five (5) days prior to the Final Approval Hearing, the Settlement Administrator shall prepare a list of the names of the persons who, pursuant to the Settlement Notice, have Opted- Out from the Settlement Class in a valid and timely manner, and Class Counsel shall file that list with the Court. If a Class Member submits both a Claim Form and an Opt-Out request, the Claim Form shall take precedence and be considered valid and binding, and the Opt-Out request shall be deemed to have been sent by mistake and rejected. The Class Representatives affirmatively support this Settlement and agree not to Opt-Out of this Settlement. None of the Representative Plaintiffs, Class Counsel, Defendant, or its counsel shall in any way encourage any Class Member to Opt-Out or discourage any Class Member from participating in this Settlement.

Opt-Out Requests. If any Class Member wishes to Opt-Out from (in other words, be excluded from) this Settlement, the Class Member may do so by completing the online exclusion form at the Settlement Website; downloading and submitting to the Settlement Administrator a completed exclusion form; or submitting a valid request to exclude themselves, as described in the Notice to the Settlement Administrator. Opt-Out requests must be postmarked

Opt-Out Requests. Exclusion requests must be made in writing, state that the Class Member has chosen to opt out of or exclude itself from the Settlement Class, and include the name of this action; the full name, address, and telephone number of the Settlement Class Member; the name, address, email address, telephone number, position, and signature of the individual who is acting on behalf of the Settlement Class Member; and the number of Alerted-On Payment Card Accounts issued by the Settlement Class Member. A request to opt out shall be considered valid only if the Class Member completes and signs the request for exclusion that includes all the information described in the prior sentence, and sends such letter to the Settlement Administrator at the address provided in the Notice attached as Exhibit 4, postmarked no more than ninety (90) days after the date the Preliminary Approval Order is entered. Each Class Member that submits a request to opt out in accordance with this Section 4.3.1 shall be excluded from the Settlement Class. No request to opt out of the Settlement shall be valid unless the Class Member requests to be excluded from the Settlement Class in accordance with the procedures set forth herein. Each Class Member that does not submit a valid request to opt out shall remain in the Settlement Class and shall be bound by the Settlement and the release provided in Section 6 of this Agreement.

Opt-Out Requests. Class Members other than the Class Representatives may opt out of the Settlement by submitting an Opt-Out Request to the Settlement Administrator no later than March 7, 2018. To be valid, an Opt-Out Request must contain the name, company name (if applicable), address, email address, telephone number, serial number(s), and in the case of Class Members not described in Section 3.8(a) proof of the date of purchase for the Class Member’s qualifying Vita-Mix blender(s). Each Class Member seeking exclusion from the Settlement must personally sign the Opt-Out Request. No Opt-Out Request may be signed electronically. No Class Member may opt out by a request signed by an actual or purported agent or attorney acting on behalf of a group of Class Members. No Opt-Out Request may be made on behalf of a group of Class Members. Class Members who do not submit a timely, personally signed, valid Opt- Out Request will be bound by the Settlement and this Agreement, including the release of Released Claims. Class Members who timely submit a valid, personally signed Opt-Out Request will have no further role in this Settlement and will not be bound by this Agreement; accordingly, such Class Members will not be permitted to assert an objection to the Settlement or this Agreement and will receive no benefit described in Section VI of this Agreement. The Settlement Notice, the Short Form Settlement Notice, the FAQ, and the Publication Notice will advise Class Members of their ability to opt out of the Settlement and of the consequences of opting out of the Settlement. Neither the Parties nor their counsel will solicit any Class Member to submit an Opt-Out Request.

Opt-Out Requests. Settlement Class Members may elect to opt out of the Settlement Class and not to be bound by this Settlement Agreement. To make this election, Settlement Class Members must send a letter or postcard to the Settlement Administrator stating (a) the name and case number of the Action, “▇▇▇▇▇▇ ▇. SeaWorld, Inc., United States District Court for the Middle District of Florida Tampa Division, Case No. 8:14-cv-03028-MSS-EAJ”; (b) the full name, address, e-mail address, and telephone number of the person opting out; and (c) a statement that he/she does not wish to participate in the Settlement, postmarked no later than ninety-five (95) calendar days after the Preliminary Approval Order. The delivery date is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the postmark. Settlement Class Members who timely opt out of the Settlement Class shall: (a) have no right to receive any benefits under the Settlement Agreement; (b) not be bound by the terms of Settlement Agreement; and (c) have no right to object to the terms of the Settlement Agreement or be heard at the Fairness Hearing. Any Settlement Class Member who attempts to both object to and opt out of this Settlement Agreement will be deemed to have opted out and will forfeit the right to object to this Settlement Agreement or any of its terms. (a) Opt-Out List. The Settlement Administrator must serve on SeaWorld’s Counsel and Settlement Class Counsel a list of Settlement Class Members who have timely and validly opted out of the Settlement Class no later than ten (10) calendar days before the filing deadline for the motion in support of the Final Order and Approval.

Opt-Out Requests. The Junk F ax Prote ction Act provides that the sen der o f a facsimile i s s olely resp onsible for opt-out notice compliance and ▇▇▇ ▇▇▇ liab le for any viol ations. A Cu stomer may, how ever, voluntarily elect to retain a third party to accept opt out requests. This is an ancillary service offered by WestFax, is done automatically and i s free of charge. The Junk F ax Pr otection Act provide s that the third party need only accept and forward do-not-fax requests and is not advising, involved, resp onsible or liable to the Customer or any other party for such services.