How Do I Get More Information? For more information, including a more detailed Notice, a copy of the Settlement Agreement and other documents, go to xxx.Xxxxxxxxxxxxxxxxxx.xxx, contact the settlement administrator at 1- - _- or ExamSoft Settlement Administrator, [address], or call Class Counsel at 000-000-0000. EXHIBIT B COURT AUTHORIZED NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT ExamSoft Settlement Settlement Administrator P.O. Box 0000 City, ST 00000-0000 OUR RECORDS INDICATE YOU HAVE TAKEN AN ONLINE EXAM WITH EXAMSOFT AND MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT. ||||||||||||||||||||||| Postal Service: Please do not mark barcode XXX—«ClaimID» «MailRec» «First1» «Last1» «C/O» «Addr1» «Addr2» «City», «St» «Zip» «Country» By Order of the Court Dated: [date] A settlement has been reached in a class action lawsuit claiming that Defendant, remote proctoring company ExamSoft Worldwide, LLC f/k/a ExamSoft Worldwide, Inc., collected, captured, received, or otherwise obtained and/or stored the biometric identifiers and biometric information (collectively, “biometric information”) of thousands of Illinois test takers without first establishing a retention and deletion schedule for permanently destroying the biometric information, and without informing the test-takers of the specific purpose and length of term for which the biometric information is being collected, stored, and used. It is alleged that Defendant’s acts violated the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq. Defendant denies the allegations. Am I a Class Member? Our records indicate you may be a Class Member. Class Members are Illinois residents who used ExamSoft’s software to take an online exam between January 1, 2020 and May 5, 2021 and who had their facial geometry or other biometric information collected, captured, received, or otherwise obtained and/or stored by ExamSoft. What Can I Get? If approved by the Court, a Settlement Fund of $2,250,000.00 will be established to pay all Settlement Class Members, together with notice and administration expenses, approved attorneys’ fees and costs, and incentive awards. If you are entitled to relief, you will automatically receive a designated pro rata share of the Net Settlement Fund—which will be the remainder of the Settlement Fund after the deduction of attorneys’ fees, expenses, incentive awards, notice and settlement administration costs, and any other costs agreed to by the Parties and approved by the Court. Your pro rata share will be determined by whether you are a Private University Student, Public University Student, or Bar Exam Taker.
Certain Transactions and Confidentiality Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. Notwithstanding the foregoing and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4 and (iii) no Purchaser shall have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.
