Common use of Exclusions from the Settlement Class Clause in Contracts

Exclusions from the Settlement Class. 20. The Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that any Settlement Class Member who wishes to exclude himself or herself from the Settlement Class must comply with the terms set forth in the Settlement Agreement and Notice of Settlement of Class Action. To be considered timely, a request for exclusion must be mailed to the Notice Administrator at , postmarked no later than , 2016. 22. The Court orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from the Settlement Class from (i) filing, commencing, prosecuting, intervening in or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may direct.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt Out Deadline, which shall be the date set forth in by the Court by which any class member must request exclusion from the Settlement Agreement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt Out Deadline, 2016provide Faurecia with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the Settlement. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. Faurecia reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Exhaust Systems or has standing to bring any claim against Faurecia. (b) Subject to Court approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class (i.e.that submits a written request for exclusion may also identify the number of new Vehicles purchased from January 1, becomes an Opt-Out) will be bound by all proceedings, orders and judgments 2002 through the Execution Date of this Agreement as requested in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from notice to the Settlement Class from as provided in Paragraph 20. (ic) filing, commencing, prosecuting, intervening in Faurecia or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf 30) days of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt-Out Deadline, which, as defined above, shall be the date set forth in by the Court by which any class member must request exclusion from the Settlement Agreement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt-Out Deadline, 2016provide NGK with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all Settlement Class Members who timely and validly opted out of this settlement. 22. The (a) Subject to Court orders that Approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. NGK reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Spark Plugs, Standard Oxygen Sensors, or Air Fuel Ratio Sensors or has standing to bring any claim against NGK. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23Class. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from Any member of the Settlement Class that submits a written request for exclusion may also identify the number of new Vehicles purchased from (i) filingJanuary 1, commencing, prosecuting, intervening 2000 through the Execution Date of this Agreement as requested in or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any notice to the Settlement Class Members who have not timely excluded themselves as provided in Paragraph 20. (including by seeking to amend a pending complaint to include class allegations c) NGK or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members Counsel may pursue personal injury or bodily injury class claims on behalf dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of persons who allege injury resulting from their participation in position, and, if necessary, obtain a single NCAA-sanctioned sport at a single-NCAA member school; ruling thereon within thirty (iii30) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs days of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 2027. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt-Out Deadline, which shall be the date set forth in by the Court by which any class member must request exclusion from the Settlement Agreement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable Court-approved notice of settlement to be mailed disseminated to the Notice Administrator at members of the Settlement Class will be invalid, postmarked no later than and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Agreement upon final approval. Settlement Class Counsel shall, 2016within ten (10) business days of the Opt-Out Deadline, provide the Corning Defendants with a list and copies of all opt-out requests they receive in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. 22. The (a) Subject to Court orders that Approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. The Corning Defendants reserve all of their legal rights and defenses, including but not limited to any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Ceramic Substrates or has standing to bring any claim against the Corning Defendants. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23Class. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from Any member of the Settlement Class that submits a written request for exclusion must also identify the number of Vehicles purchased from (i) filingJanuary 1, commencing, prosecuting, intervening 1990 through the Execution Date of this Agreement as requested in or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any notice to the Settlement Class Members who have not timely excluded themselves as provided in Paragraph 18. (including by seeking to amend a pending complaint to include class allegations c) The Corning Defendants or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members Counsel may pursue personal injury or bodily injury class claims on behalf dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of persons who allege injury resulting from their participation in position and, if necessary, obtain a single NCAA-sanctioned sport at a single-NCAA member school; ruling thereon within thirty (iii30) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs days of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt Out Deadline, which shall be the date set forth in by the Court by which any class member must request exclusion from the Settlement Agreement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt Out Deadline, 2016provide Continental with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the Settlement Class. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. Continental reserves all of its legal rights and defenses, including but not limited to any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Instrument Panel Clusters or has standing to bring any claim against Continental. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class (i.e.that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, becomes an Opt-Out) will be bound by all proceedings, orders and judgments 2001 through the Execution Date of this Agreement as requested in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from notice to the Settlement Class from as provided in Paragraph 19. (ic) filing, commencing, prosecuting, intervening in Continental or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf 30) days of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt-Out Deadline, which shall be the date set forth in by the Court by which any class member must request exclusion from the Settlement Agreement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by this Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt-Out Deadline, 2016provide HIAMS with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of Settlement Class who timely and validly opted out of the settlement. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. HIAMS and the other Releasees reserve all of their legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Shock Absorbers or has standing to bring any claim against HIAMS and/or the other Releasees. (b) Subject to Court approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class (i.e.that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, becomes an Opt-Out) will be bound by all proceedings, orders and judgments 1995 through the Execution Date of this Agreement as requested in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from notice to the Settlement Class from as provided in Paragraph 18. (ic) filing, commencing, prosecuting, intervening in HIAMS or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf 30) days of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 2031. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt-Out Deadline, which shall be the date set forth in by the Court by which any member of the Settlement Agreement Class must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of shall have no rights with respect to the Settlement of Class ActionClass. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable Court approved notice of settlement to be mailed disseminated to the Notice Administrator at members of the Settlement Class will be invalid, postmarked no later than and the person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Agreement upon final approval. Settlement Class Counsel shall, 2016within ten (10) business days after the Opt-Out Deadline, provide the COSI Defendants with a list and copies of all opt out requests they receive in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. The COSI Defendants reserve all of their legal rights and defenses, including but not limited to any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Foodservice-Size Packaged Tuna Products or has standing to bring any claim against the COSI Defendants. (b) Subject to Court approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the Settlement Class (i.e., becomes an Opt-Out) will be bound by all proceedings, orders and judgments in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23Class. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Foodservice-Size Packaged Tuna Products purchased from (i) filingJanuary 1, commencing2011, prosecuting, intervening through the Execution Date of this Agreement as requested in or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any notice to the Settlement Class Members who have not timely excluded themselves (including by seeking to amend a pending complaint to include class allegations or seeking class certification as provided in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released ClaimsParagraph 21. 24. (c) The Court orders the Program Administrator to provide the Opt-Out List to COSI Defendants or Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with may dispute an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directexclusion request.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with the terms set forth in the Settlement Agreement and Notice of Settlement of Class Action. To be considered timely, file a request for exclusion must be mailed to the Notice Administrator at , postmarked no later than , 2016. 22. The Court orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class (i.e., becomes an by the Opt-OutOut Deadline, which shall be the date set by the Court by which any class member must request exclusion from the Settlement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to the Settlement Class from which the class member has requested to be excluded. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) will or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt Out Deadline, provide Meritor with a list and copies of all proceedings, orders and judgments opt out requests it receives in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by Action and shall file with the Release. 23. The Court enjoins a list of all Settlement Class Members unless who timely and until they validly opted out of the settlement. (a) Subject to Court Approval, any member of the Settlement Class who submits a valid and timely exclude themselves request for exclusion from the Settlement Class from (i) filing, commencing, prosecuting, intervening in or participating as will not be a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have Member and shall not timely be bound by the terms of this Agreement. Meritor reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded themselves (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that member of the Settlement Class Members may pursue personal injury is an indirect purchaser of Exhaust Systems, has standing to bring any claim against Meritor, or bodily injury class has claims on behalf that are barred by applicable statutes of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claimslimitations. 24(b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. The Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement class. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2002 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 20. (c) Meritor or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court orders the Program Administrator to provide of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms Opt Out Deadline, which shall be the date set forth in by the Court by which any class member must request exclusion from the Settlement Agreement Class. Any person or entity that files such a request shall be excluded from the Settlement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt Out Deadline, 2016provide NRC with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all members of the Settlement Class who timely and validly opted out of the settlement. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. NRC and the other Releasees reserve all of their legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Body Sealings or has standing to bring any claim against any Releasee. (b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class (i.e.that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, becomes an Opt-Out) will be bound by all proceedings, orders and judgments 2000 through the Execution Date of this Agreement as requested in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from notice to the Settlement Class from (i) filing, commencing, prosecuting, intervening as provided in or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released ClaimsParagraph 21. 24. The Court orders the Program Administrator to provide the Opt-Out List to (c) NRC or Settlement Class Counsel may dispute an exclusion request, and Counsel for the NCAA no later than seven parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (730) Days after days of the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with the terms set forth in the Settlement Agreement and Notice of Settlement of Class Action. To be considered timely, file a request for exclusion must be mailed to the Notice Administrator at , postmarked no later than , 2016. 22. The Court orders that any Settlement Class Member who does not submit a timely, written request for exclusion from the Settlement Class (i.e., becomes an by the Opt-OutOut Deadline. Any person or entity that files such a request shall be excluded from the Settlement Class and shall have no rights with respect to this Settlement. Subject to Court approval, a request for exclusion that does not comply with all of the provisions set forth in the applicable class notice will be invalid, and the person(s) will or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, within ten (10) business days of the Opt- Out Deadline, provide Delphi with a list and copies of all proceedings, orders and judgments opt out requests it receives in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by Action and shall file with the Release. 23. The Court enjoins a list of all Settlement Class Members unless who timely and until they validly opted out of the settlement. (a) Subject to Court Approval, any member of the Settlement Class who submits a valid and timely exclude themselves request for exclusion from the Settlement Class from (i) filing, commencing, prosecuting, intervening in or participating as will not be a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have Member and shall not timely be bound by the terms of this Agreement. Delphi reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded themselves (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that member of the Settlement Class Members may pursue personal injury is an indirect purchaser of Ignition Coils or bodily injury class claims on behalf of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing has standing to bring any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claimsclaim against Delphi. 24(b) Subject to Court Approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. The Further, the member of the Settlement Class must include a statement in the written request for exclusion that he, she, or it wishes to be excluded from the Settlement Class. Any member of the Settlement Class that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, 2000 through the Execution Date of this Agreement as requested in the notice to the Settlement Class as provided in Paragraph 19. (c) Delphi or Settlement Class Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court orders the Program Administrator to provide of their position, and, if necessary, obtain a ruling thereon within thirty (30) days of the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms set forth Opt-Out Deadline, as defined in Paragraph 8. Any person or entity that files such a request shall be excluded from the Settlement Agreement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt-Out Deadline, 2016provide Eberspächer with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all Settlement Class Members who timely and validly opted out of the Settlement Class. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. Eberspächer reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Exhaust Systems or has standing to bring any claim against Eberspächer. (b) Subject to Court approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class (i.e.that submits a written request for exclusion may also identify the number of Vehicles purchased from January 1, becomes an Opt-Out) will be bound by all proceedings, orders and judgments 2002 through the Execution Date of this Agreement as requested in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from notice to the Settlement Class from as provided in Paragraph 20. (ic) filing, commencing, prosecuting, intervening in Eberspächer or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf 30) days of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.

Exclusions from the Settlement Class. 20. The Subject to Court approves the procedures set forth in the Amended Settlement Agreement and the Notice of Settlement of Class Action for exclusions from and objections to the Settlement. 21. The Court orders that approval, any Settlement Class Member who wishes to exclude himself person or herself entity seeking exclusion from the Settlement Class must comply with file a written request for exclusion by the terms set forth Opt-Out Deadline, as defined in Paragraph 8. Any person or entity that files such a request shall be excluded from the Settlement Agreement Class and Notice of Settlement of Class Actionshall have no rights with respect to this settlement. To be considered timelySubject to Court approval, a request for exclusion must that does not comply with all of the provisions set forth in the applicable class notice will be mailed to invalid, and the Notice Administrator at person(s) or entity(ies) serving such an invalid request shall be deemed Settlement Class Member(s) and shall be bound by the Settlement Agreement upon final approval. Settlement Class Counsel shall, postmarked no later than within ten (10) business days of the Opt-Out Deadline, 2016provide XXXXX Xxxx with a list and copies of all opt out requests it receives in the Action and shall file with the Court a list of all Settlement Class Members who timely and validly opted out of the Settlement Class. 22. The (a) Subject to Court orders that approval, any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member who does and shall not submit be bound by the terms of this Agreement. XXXXX Behr reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether any excluded member of the Settlement Class is an indirect purchaser of Air Conditioning Systems or has standing to bring any claim against XXXXX Xxxx. (b) Subject to Court approval, in the written request for exclusion, the member of the Settlement Class must state his, her, or its full name, street address, and telephone number. Further, the member of the Settlement Class must include a timely, statement in the written request for exclusion that he, she, or it wishes to be excluded from the settlement. Any member of the Settlement Class (i.e.that submits a written request for exclusion may also identify the number of Vehicles purchased from May 1, becomes an Opt-Out) will be bound by all proceedings, orders and judgments 1999 through the Execution Date of this Agreement as requested in the Litigation, even if such Settlement Class Member has previously initiated or subsequently initiates individual litigation or other proceedings encompassed by the Release. 23. The Court enjoins all Settlement Class Members unless and until they timely exclude themselves from notice to the Settlement Class from as provided in Paragraph 19. (ic) filing, commencing, prosecuting, intervening in XXXXX Behr or participating as a plaintiff, claimant or class member in any other lawsuit or administrative, regulatory, arbitration or other proceeding in any jurisdiction based on the Released Claims; (ii) filing, commencing or prosecuting a lawsuit or administrative, regulatory, arbitration or other proceeding as a class action on behalf of any Settlement Class Members who have not timely excluded themselves Counsel may dispute an exclusion request, and the parties shall, if possible, resolve the disputed exclusion request by agreement and shall inform the Court of their position, and, if necessary, obtain a ruling thereon within thirty (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), based on claims made in this Litigation, except that Settlement Class Members may pursue personal injury or bodily injury class claims on behalf 30) days of persons who allege injury resulting from their participation in a single NCAA-sanctioned sport at a single-NCAA member school; (iii) pursuing any Released Claims; and (iv) attempting to effect Opt-Outs of individuals or a class of individuals in any lawsuit or administrative, regulatory, arbitration or other proceeding based on the Released Claims. 24. The Court orders the Program Administrator to provide the Opt-Out List to Settlement Class Counsel and Counsel for the NCAA no later than seven (7) Days after the Opt- Out and Objection Date, and then file with the Court the Opt-Out List with an affidavit attesting to the completeness and accuracy thereof no later than seven (7) Days thereafter or on such other date as the Parties may directDeadline.