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 to not receive any notice that the Company or any other Holders otherwise are required to deliver pursuant to this Agreement by delivering to the Company 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 the Company 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 Company or such other Holders reasonably expect would result in a Holder 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. A Holder who 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 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 Company arising in connection with any such Opt-Out Requests.
Opt-Out Requests. Each Stockholder 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 Corporation or any other Stockholders otherwise are required to deliver pursuant to this Agreement regarding an Underwritten Offering, a Take-Down Notice or a Piggyback Registration Statement (except any Suspension Notice or any other notice as required by law, rule or regulation) by delivering to the Corporation a written statement signed by such Stockholder 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 Corporation and other Stockholders shall not be required to, and shall not, deliver any such notice or other related information required to be provided to Stockholders hereunder to the extent that the Corporation or such other Stockholders reasonably expect such notice or information would result in a Stockholder 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. A Stockholder that has previously given the Corporation an Opt-Out Request may revoke such request at any time, and there shall be no limit on the ability of a Stockholder to issue and revoke subsequent Opt-Out Requests. Notwithstanding the foregoing, this shall not prohibit any communications or notices to employees, officers and directors or agents of the Company, or notices or communications pursuant to any other agreements. [Signature Page Follows] EVOLENT HEALTH, INC. By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: CEO ARES CAPITAL CORPORATION By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signatory CION ARES DIVERSIFIED CREDIT FUND By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signatory ARES CENTRE STREET PARTNERSHIP, L.P. By: Ares Centre Street GP, Inc. as general partner By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signatory ARES PRIVATE CREDIT SOLUTIONS II, L.P. By: Ares Capital Management LLC, its investment manager By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signatory ARES PRIVATE CREDIT SOLUTIONS (OFFSHORE) II, L.P. By: Ares Capital Management LLC, its investment manager By: /s/ Xxxxx Xxx Name: Xxxxx Xxx Title: Authorized Signatory ARES JASPER FUND, L.P. By: ...
Opt-Out Requests. Subject to Section 2.6, 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 an Underwritten Offering, a Take-Down Notice or a Piggyback Registration Statement (except any Suspension Notice or any other notice as required by law, rule or regulation) 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 other Holders reasonably expect such notice or information would result in a Holder 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. A Holder that has previously given the Company an Opt-Out Request may revoke such request at any time, 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 reasonable best efforts to minimize the administrative burden on the Company arising in connection with any such Opt-Out Requests. Notwithstanding the foregoing, this shall not prohibit any communications or notices to employees, officers and directors or agents of the Company, or notices or communications pursuant to any other agreements.
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. 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 to the Settlement Administrator 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. 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.
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, “Xxxxxx x. 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.
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, signed by the Settlement Class Member or his/her legal representative, to the Settlement Administrator stating (a) the name and case number of the Action, “Bruun v. Red Xxxxx Gourmet Burgers, Inc., District Court Xxxxx County Nevada, Case No. A-20-814178-C; (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 seventy-five (75) calendar days after the Preliminary Approval Order. The delivery date is deemed to be the date the opt out request 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. Opt outs can only be for individual Settlement Class Members, and cannot be brought on a “mass” or “class” basis.
Opt-Out Requests. (a) Any person who falls within the definition of the Settlement Class but wishes to be excluded from the Settlement may do so by timely mailing a valid opt-out notice, as described in the Class Notice Program, by the Opt-Out / Objection Deadline. Any person who is excluded from the Settlement will not be bound by this Settlement Agreement, will not be eligible to make a claim for any benefit under the terms of this Settlement Agreement, and will not be permitted to object to the Settlement or to intervene in the Action. At least seven (7) calendar days before the deadline to file the Motion for Final Approval, Class Counsel will prepare or cause the Settlement Administrator to prepare a list of the persons who have excluded themselves in a valid and timely manner from the Settlement Class, and Class Counsel will file that list with the Court.
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 xxx xxx 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.
Opt-Out Requests. Any Class Member, other than any Class Representative, may elect to be excluded from this Settlement and from the Settlement Class by Opting-Out of the Settlement Class. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to Opt-Out no later than sixty (60) days after the Notice Date (the “Opt-Out Deadline”), with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Defendant. Opt-Out requests must: (a) be signed by the Class Member who is requesting
