Common use of Settlement Class Certification Clause in Contracts

Settlement Class Certification. (a) The Parties hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject to Court approval, the following settlement class shall be certified as to Barclays (the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 49. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 51, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 50. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into, and the Settlement Fund, less any Administrative Expenses paid to date, shall be returned to Defendant within ten (10) days thereof. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 51. Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays for settlement purposes: “All individuals who (1) scanned their finger into Defendant’s Timekeeping System during the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parentsClass Period, and subsidiaries(2) that purchased in the United States, directly from were not subject to a collective bargaining agreement with Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period.”). (b) Specifically excluded 52. Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; all persons who elect to exclude themselves from the officersSettlement Class and the legal representatives, directorsheirs, successors or employees assigns of any Defendantsuch excluded persons, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families Court and judicial staffstaff to whom this case is assigned, and any juror assigned to member of the OTC ActionCourt’s or staff’s immediate family. (c) The Parties’ 53. If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final settlement and resolution of this Litigation as provided for in this Agreement is not reached, Defendant’s agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed be used or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class cited for any purpose other than effectuating in the settlementLitigation or otherwise, and that if including but not limited to in any request for class certification in the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. (a) The Parties hereby stipulate for 3.1 For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class shall be certified in accordance with the definition contained in Paragraph 3.3 below; (2) Plaintiffs shall represent the Settlement Class for settlement only that purposes and shall be the requirements Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 3.2 Defendant does not consent to certification of Federal Rule the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of Civil Procedure 23(a) the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and 23(b)(3) are satisfied, and, subject the Parties will be returned to their positions with respect to the Litigation as if the Settlement Agreement had not been entered into. 3.3 Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays (for settlement purposes: All Illinois residents who used Lenses or Filters offered by Snap between November 17, 2015 and the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 present (the “Class Period”). (b) Specifically excluded . Excluded from the Settlement Class are Defendantsare: (i) Defendant; Released Parties; co- conspirators; (ii) members of the officers, directors, or employees immediate families of any Defendant, Released Party, Defendant who is an individual; (iii) any person who was an officer or co- conspiratordirector of Snap during the Class Period; (iv) any firm or entity in which any Defendant, Released Party, Defendant has or co-conspirator has had a controlling interest; any affiliate(v) parents, legal representative, heiraffiliates, or assign subsidiaries of Snap; (vi) the legal representatives, agents, heirs, beneficiaries, successors-in-interest, or assigns of any Defendantexcluded person or entity, Released Partyin their respective capacity as such; (vii) the Court and staff (and the immediate family of) to whom this case is assigned; and (viii) any persons or entities who or which exclude themselves by individually submitting a timely and valid request for exclusion according to the opt-out requirements in the Class Notice and that is accepted by the Court. 3.4 If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or co-conspirator final settlement and any person acting on their behalf. Also excluded from resolution of the Class are any judicial officers presiding over Litigation as provided for in this action Settlement Agreement is not reached, Defendant’s consent to proceeding in court for the limited purpose of approval of the Settlement and the members of his/her immediate families and judicial staff, and any juror assigned agreement to the OTC Action. (c) The Parties’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed be used or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class cited for any purpose other than effectuating in the settlementAction, and that if including but not limited to any request for class certification in the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Action or any other settlement-related statement may not proceeding. Should this Settlement fail to be cited regarding certification of the OTC Class, or finalized in support of an argument for certifying a class Final Approval Order for any purpose related reason, the Parties will return to this proceedingtheir pre-settlement litigation positions, and all claims will proceed in arbitration, not court.

Settlement Class Certification. (a) The Parties hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfied, andthat, subject to Court approval, the following settlement class shall be certified as to Barclays Settling Defendants (the “Lender Class” or the “OTC Settlement Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased lending institutions headquartered in the United States, directly from a Defendant including its fifty (50) states and United States territories, that originated loans, held loans, held interests in loans, owned loans, owned interests in loans, purchased loans, purchased interests in loans, sold loans, or a Defendant’s subsidiaries or affiliates), a sold interests in loans with interest rates based upon U.S. Dollar LIBOR (“U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument Loans”), which rates adjusted at any time during the period between August 1, 2007 through and May 31, 2010 (the “Class Period”). (b) Specifically excluded Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, successor, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action the Lender Action and the members of his/her immediate families and judicial staff. Solely for purposes of the Settlement, and any juror assigned to the OTC ActionParties agree that Investment Vehicles are not excluded from the Settlement Class solely because they are, or are managed by, affiliates or subsidiaries of the Defendants. (c) The Parties’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains The Settling Defendants retain all of its their objections, arguments, and defenses with respect to class certification, and reserves reserve all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason. The Parties acknowledge that there has been no stipulation to any Class class or certification of any Class class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason, this agreement as to certification of the OTC Settlement Class becomes will become null and void ab initio, and . Neither this Agreement or nor any other settlement-related statement may not be cited regarding the certification of the OTC Lender Class, or in support of an any argument for certifying a class for any purpose related to the USD LIBOR MDL or this proceedingAction, including any litigation class.

Settlement Class Certification. (a) The Parties hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfied, andthat, subject to Court approval, the following settlement class shall be certified as to Barclays the Settling Defendant (the “Class” or “OTC Settlement Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased lending institutions headquartered in the United States, directly from a Defendant including its fifty (50) states and United States territories, that originated loans, held loans, held interests in loans, owned loans, owned interests in loans, purchased loans, purchased interests in loans, sold loans, or a Defendant’s subsidiaries or affiliates), a sold interests in loans with interest rates based upon U.S. Dollar LIBOR (“U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument Loans”), which rates adjusted at any time during the period between August 1, 2007 through and May 31, 2010 (the “Class Period”). (b) Specifically excluded Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or alleged co-conspirator has a controlling interest; any affiliate, legal representative, heir, successor, or assign of any Defendant, Released Party, or alleged co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action the Lender Action and the members of his/her immediate families and judicial staff. Solely for purposes of the Settlement, and any juror assigned to the OTC ActionParties agree that Investment Vehicles are not excluded from the Settlement Class solely because they are, or are managed by, affiliates or subsidiaries of the Defendants. (c) The Parties’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays The Settling Defendant retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason. The Parties acknowledge that there has been no stipulation to any Class class or certification of any Class class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason, this agreement as to certification of the OTC Settlement Class becomes will become null and void ab initio, and . Neither this Agreement or nor any other settlement-related statement may not be cited regarding the certification of the OTC Lender Class, or in support of an any argument for certifying a class for any purpose related to the USD LIBOR MDL or this proceedingAction, including any litigation class.

Settlement Class Certification. (a) The Parties 1. Plaintiffs and the Netbrands Defendants hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied, and, subject to Court approval, the following settlement class Class shall be certified for settlement purposes as to Barclays (the “Class” or “OTC Class”): Netbrands Defendants: All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, including its territories and the District of Columbia, who purchased customized silicone wristbands or customized pin buttons within the United States, including its territories and the District of Columbia, directly from a Defendant (one or a Defendant’s subsidiaries more Defendants, or affiliates)any of their predecessors, a U.S. Dollar LIBOR-Based Instrument subsidiaries, or affiliates thereof, between June 1, 2014 and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”)Execution Date. (b) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf2. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Class is only for purposes of effectuating a settlement this Settlement as to the Netbrands Defendants, and for no other purpose. Barclays retains The Netbrands Defendants retain and do not waive all of its their objections, arguments, and defenses with respect to any other request for class certification, and reserves reserve all rights to contest class certificationcertification if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the settlement Court’s approval is reversed or vacated on appeal, if either provides a Termination Notice pursuant to Section X, or if the Settlement set forth in this Agreement otherwise fails to proceed for any other reason. The Parties acknowledge that there has not been and there is no stipulation to a class or certification of a class for any purpose other than effectuating the Settlement, and that, if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement Settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class close for any purpose other than effectuating the settlementreason, and that if the settlement set forth in then this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and neither this Agreement or nor any other settlementSettlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for or against certifying a class for any purpose related to this proceedingAction.

Settlement Class Certification. (a) The Parties hereby stipulate for 4.1. For purposes of settlement only that the requirements of Federal Rule of Civil Procedure 23(aSettlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the class definition in Paragraph 4.2. below; (2) Plaintiffs shall represent the Class as the Class Representatives; and 23(b)(3(3) are satisfied▇▇▇▇▇▇▇ Law, and, subject P.C. shall be appointed as Class Counsel. 4.2. Subject to Court approval, the Parties shall request that the Court certify the following settlement class shall be certified as to Barclays (the “Settlement Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”).: (b) Specifically 4.3. Expressly excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or coall persons who timely elect to opt-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded out from the Settlement Class are any judicial officers presiding over in accordance with this action Agreement, the Court and the members of his/her immediate families and judicial staffstaff to whom this case is assigned, and any juror assigned to immediate family members of the OTC ActionCourt or its staff. (c) The Parties’ agreement as to 4.4. Any certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if under this Agreement is terminated as provided hereinfor settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement set forth purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying Exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Agreement otherwise fails to become effectiveLitigation. 4.5. The Parties acknowledge that there has been no stipulation to any and Class or certification of any Class for any purpose Counsel further agree that, other than effectuating to effectuate the settlementSettlement of this Litigation, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Settlement Class becomes null for settlement purposes and void ab initioall documents related thereto, and including this Agreement or and all accompanying Exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other settlement-related statement may not be cited regarding certification of the OTC Classjudicial, arbitral, administrative, investigative, or in support of an argument for certifying a class for any purpose related to this proceedingother court, tribunal, forum, or other proceeding against Defendants.

Settlement Class Certification. 44. For the purposes of the settlement only, the Parties stipulate and agree that: (a) the Settlement Class shall be certified in accordance with the definition contained in Paragraph 46, below; (b) Plaintiffs (except ▇▇▇▇▇▇▇ ▇▇▇▇ and Velvet Nailer) shall represent the Settlement Class for settlement purposes and shall be the Settlement Class representatives (the “Class Representatives”); and (c) Plaintiffs’ Counsel shall be appointed as Class Counsel. 45. The Facility Defendants do not consent to certification of the Settlement Class for any purpose other than to effectuate the settlement. If the Court does not enter Final Approval of the Settlement Agreement, or if for any other reason final approval of the Settlement Agreement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and the Parties hereby stipulate for purposes will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement Agreement is not achieved: (a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that the requirements Facility Defendants do not oppose certification of Federal Rule a Settlement Class under this Agreement, and that the Court preliminarily approved certification of Civil Procedure 23(a) and 23(b)(3) are satisfieda Settlement Class, andshall not be used or cited thereafter by any person or entity, subject including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 46. Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays (for settlement purposes: All Illinois citizens who worked at one of the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employeesFacilities after October 3, affiliates, parents2008, and subsidiaries) that purchased in who used a biometric timekeeping device pursuant to employment at one of the United StatesFacilities. Each such individual is a “Settlement Class Member.” 47. If for any reason the Settlement Agreement is not granted preliminary and/or Final approval, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically excluded from the Class are Facility Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class be used for any purpose other than effectuating purpose, including in any request for class certification in the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 37. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 40, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 38. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into, and the Settlement Fund, less any Administrative Expenses paid to date, shall remain with Defendant. 39. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 40. Subject to Court approval, the following settlement class Settlement Class shall be certified as for settlement purposes: “All individuals who scanned their finger on a timekeeping device at any of Defendant’s Illinois facilities between February 28, 2017 and [Preliminary Approval].” Defendant represents that the Settlement Class consists of 975 individuals. 41. Excluded from the Settlement Class are all persons who elect to Barclays (exclude themselves from the “Class” Settlement Class and the legal representatives, heirs, successors or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parentsassigns of any such excluded persons, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument Court and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to member of the OTC ActionCourt’s or staff’s immediate family. (c) The Parties’ 42. If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final settlement and resolution of this Litigation as provided for in this Agreement is not reached, Defendant’s agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed be used or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class cited for any purpose other than effectuating in the settlementLitigation or otherwise, and that if including, but not limited to, in any request for class certification in the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 45. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 47, below; (2) Plaintiffs shall represent the Class for settlement purposes and shall be the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 46. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter the Final Approval Order, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 47. Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays (the for settlement purposes: “Class” or “OTC Class”): All persons or entities (other than Defendants who worked at a ▇▇▇▇ Food Products’ facility in Illinois between March 3, 2015 and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 [DATE OF PRELIMINARY APPROVAL] (the “Class Period”).) and whose biometric identifiers or information (for example, fingerprints, finger scans, or retina scans) were collected, captured, or otherwise obtained by ▇▇▇▇ Food Products, Inc. or by any other persons or entities on behalf of ▇▇▇▇ Food Products, Inc.” (b) Specifically excluded 48. Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded all persons who timely elect to exclude themselves from the Class are any judicial officers presiding over Settlement Class, the Court and staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to member of the OTC ActionCourt's or staff's immediate family. (c) The Parties’ 49. If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final settlement and resolution of this Litigation as provided for in this Agreement is not reached, Defendant’s agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed be used or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class cited for any purpose other than effectuating in the settlementLitigation or otherwise, and that if including but not limited to in any request for class certification in the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. (a) The Parties 1. Plaintiffs and the Zaappaaz Defendants hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied, and, subject to Court approval, the following settlement class Class shall be certified for settlement purposes as to Barclays (the “Class” or “OTC Class”): Zaappaaz Defendants: All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, including its territories and the District of Columbia, who purchased customized silicone wristbands or customized pin buttons within the United States, including its territories and the District of Columbia, directly from a Defendant (one or a Defendant’s subsidiaries more Defendants, or affiliates)any of their predecessors, a U.S. Dollar LIBOR-Based Instrument subsidiaries, or affiliates thereof, and that owned all federal or state government entities or agencies, between June 1, 2014 and the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”)Execution Date. (b) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf2. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Class is only for purposes of effectuating a settlement this Settlement as to the Zaappaaz Defendants, and for no other purpose. Barclays retains The Zaappaaz Defendants retain and do not waive all of its their objections, arguments, and defenses with respect to any other request for class certification, and reserves reserve all rights to contest class certificationcertification if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the settlement Court’s approval is reversed or vacated on appeal, if either provides a Termination Notice pursuant to Section X, or if the Settlement set forth in this Agreement otherwise fails to proceed for any other reason. The Parties acknowledge that there has not been and there is no stipulation to a class or certification of a class for any purpose other than effectuating the Settlement, and that, if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement Settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class close for any purpose other than effectuating the settlementreason, and that if the settlement set forth in then this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and neither this Agreement or nor any other settlementSettlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for or against certifying a class for any purpose related to this proceedingAction.

Settlement Class Certification. (a) The Parties 1. Plaintiffs and Defendants hereby stipulate for purposes of settlement only that the requirements of Rules 23(a), 23(b)(2), and 23(b)(3) of the Federal Rule Rules of Civil Procedure 23(a) and 23(b)(3) are satisfiedsatisfied (except manageability), and, subject to Court approval, the following settlement class Class shall be certified for settlement purposes as to Barclays (the “Class” or “OTC Class”): all Defendants: All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, Dental Products directly from a Defendant (Schein, Patterson, Benco, Burkhart, or a Defendant’s subsidiaries or affiliates)any combination thereof, a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period beginning August 2007 31, 2008 through May 2010 and including March 31, 2016 (the “Class Period”). (b) Specifically excluded . Excluded from the Class are Defendants; Released Parties; co- conspirators; the officersSchein, directorsPatterson, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staffBenco, and any juror assigned to the OTC Action▇▇▇▇▇▇▇▇ (including their subsidiaries, affiliate entities, and employees), and all federal or state government entities or agencies. (c) 2. The Parties’ agreement as to certification of the Class is only for purposes of effectuating a settlement this Settlement as to Defendants, and for no other purpose. Barclays retains Defendants retain and do not waive all of its their objections, arguments, and defenses with respect to any other request for class certification, and reserves reserve all rights to contest class certificationcertification if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the settlement Court’s approval is reversed or vacated on appeal, if either provides a Termination Notice pursuant to Section X, or if the Settlement set forth in this Agreement otherwise fails to proceed for any other reason. The Parties acknowledge that there has been and is no stipulation to a class or certification of a class for any purpose other than effectuating the Settlement, and that, if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement Settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class close for any purpose other than effectuating the settlementreason, and that if the settlement set forth in then this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and neither this Agreement or nor any other settlementSettlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for or against certifying a class for any purpose related to this proceedingAction.

Settlement Class Certification. (a) The Parties hereby stipulate Class Plaintiffs shall seek, and WMS shall take no position with respect to, the appointment of Interim Co-Lead Counsel as Settlement Class Counsel for purposes of this Settlement and the certification in the Action of a class for settlement only that the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfiedpurposes only, and, subject referred to Court approval, the following settlement class shall be certified herein as to Barclays (the “Settlement Class,” or “OTC Class”): which shall include Plaintiffs and be defined as: All persons or employed by Defendant Processors, their subsidiaries and/or related entities (other than Defendants and their employeesat poultry processing plants, affiliatespoultry hatcheries, parents, and subsidiaries) that purchased poultry feed ▇▇▇▇▇ and/or poultry complexes in the continental United StatesStates from January 1, directly from a Defendant (or a Defendant’s subsidiaries or affiliates)2000 until July 20, a U.S. Dollar LIBOR-Based Instrument 2021. The following persons and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically entities are excluded from the Class are Settlement Class: complex managers, plant managers, human resources managers, human resources staff, office clerical staff, guards, watchmen, and salesmen; Defendants; Released Parties; co- , co-conspirators; the , and any of their subsidiaries, predecessors, officers, or directors; and federal, state, or employees local governmental entities. With the exception of any Defendantthe end date, Released Partythe above Settlement Class mirrors the putative litigation class that will be alleged in Plaintiffs’ forthcoming amended pleading, which Plaintiffs will seek to file via motion or co- conspirator; any entity with the consent of Defendants within 30 days of the execution of this Settlement Agreement. Should the Court not allow the filing of Plaintiffs’ amended pleading alleging such a putative litigation class, then the Settlement Class for the purposes of this Settlement shall be defined as follows: All persons employed by Defendant Processors, their subsidiaries, and/or related entities at poultry processing plants in which any Defendantthe continental United States from January 1, Released Party2009 until July 20, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator 2021. The following persons and any person acting on their behalf. Also entities are excluded from the Class are any judicial officers presiding over this action Settlement Class: complex managers, plant managers, human resources managers, human resources staff, office clerical staff, guards, watchmen, and the members of his/her immediate families and judicial staffsalesmen; Defendants, co-conspirators, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objectionstheir subsidiaries, argumentspredecessors, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided hereinofficers, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class for any purpose other than effectuating the settlementdirectors; and federal, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided hereinstate, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceedinglocal governmental entities.

Settlement Class Certification. (a) The Parties hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfied, andthat, subject to Court approval, the following settlement class shall be certified as to Barclays HSBC (the “Class” or “OTC Settlement Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased lending institutions headquartered in the United States, directly from a Defendant including its fifty (50) states and United States territories, that originated loans, held loans, purchased whole loans, purchased interests in loans or a Defendant’s subsidiaries or affiliates), a sold loans with interest rates tied to U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument , which rates adjusted at any time during the period between August 1, 2007 through and May 31, 2010 (the “Class Period”). (b) Specifically excluded from the Settlement Class are Defendants; Released Parties; co- conspiratorscoconspirators; the present and former officers, directors, or employees of any DefendantDefendant and any parent or subsidiary thereof, Released Party, or co- conspiratorcoconspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; immediate family members, any affiliate, legal representative, heir, successor or assign of any Defendant, Released Party, or co-conspirator coconspirator and any person acting on their behalf. Also excluded from the Settlement Class are any judicial officers presiding over this action the Lender Action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Lender Action. (c) The Parties’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays HSBC retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason, this agreement as to certification of the OTC Settlement Class becomes null and void ab initio, and this . This Agreement or any other settlement-related statement may not be cited regarding certification of the OTC Settlement Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. (a) The Parties hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfied, andthat, subject to Court approval, the following settlement class shall be certified as to Barclays (the “Lender Class” or the “OTC Settlement Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased lending institutions headquartered in the United States, directly from a Defendant including its fifty (50) states and United States territories, that originated loans, held loans, held interests in loans, owned loans, owned interests in loans, purchased loans, purchased interests in loans, sold loans, or a Defendant’s subsidiaries or affiliates), a sold interests in loans with interest rates based upon U.S. Dollar LIBOR-Based Instrument LIBOR between August 1, 2007 and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 31, 2010 (the “Class Period”). (b) Specifically excluded Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; , the officerspresent and former officers and directors of Defendants, directorsand any parent or subsidiary thereof, members of their immediate families and their legal representatives, heirs, successors or employees of any Defendantassigns, Released Party, or co- conspirator; and any entity in which any Defendant, Released Party, Defendants have or co-conspirator has had a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason. The Parties acknowledge that there has been no stipulation to any Class class or certification of any Class class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effectiveeffective for any reason, this agreement as to certification of the OTC Settlement Class becomes will become null and void ab initio, and . Neither this Agreement or nor any other settlement-related statement may not be cited regarding the certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceedinglitigation class.

Settlement Class Certification. FILED DATE: 5/6/2022 3:09 PM 2021CH00177 37. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained herein; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 38. Defendants do not consent to certification of a class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or is successfully challenged on appeal, any certification of the Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendants did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 39. Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays (for settlement purposes: “All individuals who used the “Class” or “OTC ClassTime-Keeping System at the Radisson Blu Aqua Hotel between January 15, 2016 and the date of entry of the Court’s order preliminarily approving the Settlement.”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically excluded 40. Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded all persons who elect to exclude themselves from the Class are any judicial officers presiding over Settlement Class, the Court and staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to member of the OTC Action.Court’s or staff’s immediate family. FILED DATE: 5/6/2022 3:09 PM 2021CH00177 (c) The Parties41. If for any reason the Settlement is not granted preliminary and/or final approval, Defendants’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class be used for any purpose other than effectuating purpose, including in any request for class certification in the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 44. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph - 46, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 45. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation in any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 46. Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays (for settlement purposes: “All individuals who worked for or are currently working for Resthaven ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Convalescent Home, Inc. d/b/a Providence Life Services, ▇▇▇▇▇▇▇ Place d/b/a Park Place of Elmhurst, NFP Providence Operations, LLC, Park Place Christian Community of St. ▇▇▇▇, Inc., Christian Living Campus, and/or NFP Providence Management and Development Company Incorporated. who had their fingerscan and/or fingerprint and/or associated biometric data scanned, captured, possessed, obtained, converted, collected, shared, taken, transmitted, used, stored, disclosed, re-disclosed, disseminated or otherwise used by the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased timekeeping systems used at a any of the above facilities in the United StatesState of Illinois from February 13, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period2014 to [date of Preliminary Approval Order]”). (b) Specifically excluded 47. Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded all persons who timely elect to exclude themselves from the Class are any judicial officers presiding over Settlement Class, the Court and staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification member of the Court's or staff's immediate family. Defendant has represented to Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge Counsel that there has been no stipulation to any Class or certification of any Class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification approximately 3,352 persons are members of the OTC Class becomes null and void ab initio, and this Agreement or any other settlement-related statement may not be cited regarding certification of the OTC Settlement Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 37. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained herein; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 38. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 39. Subject to Court approval, the following settlement class Settlement Class shall be certified as for settlement purposes: “All individuals who had their fingerprints collected through Marigold’s Time-Keeping System between April 24, 2015 and the entry of the Preliminary Approval Order.” 40. Excluded from the Settlement Class are all person who elect to Barclays (exclude themselves from the “Class” Settlement Class and the legal representatives, heirs, successors or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parentsassigns of any such excluded persons, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument Court and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to member of the OTC ActionCourt’s or staff’s immediate family. (c) The Parties’ 41. If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class be used for any purpose other than effectuating purpose, including in any request for class certification in the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 45. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 48, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel. 46. Defendant does not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or successfully challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into, and the Settlement Fund, less any Administrative Expenses paid to date, shall remain with Defendant. 47. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendant did not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class, nor shall it be admissible in any such proceeding whether under Illinois law, Rule 23 of the Federal Rule Rules of Civil Procedure 23(a) and 23(b)(3) are satisfiedProcedure, and, subject or comparable state laws or rules. 48. Subject to Court approval, the following settlement class Settlement Class shall be certified as for settlement purposes: “All individuals who, while working for Defendant or its affiliated airline (Envoy) in a non-union position, used or scanned their finger(s) (or any portion(s) thereof) to Barclays (enroll in or clock-in or -out of Defendant’s Kronos fingerscan timekeeping system in the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employeesstate of Illinois at any time between November 17, affiliates, parents2012, and subsidiaries) that purchased the date of Preliminary Approval.” 49. Excluded from the Settlement Class are all persons who were settlement class members in the United Statesclass settlement reached in Abudayyeh v. Envoy Air, directly from a Defendant Inc., No. 21- cv-00142 (or a Defendant’s subsidiaries or affiliatesN.D. Ill.), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”). (b) Specifically excluded all persons who exclude themselves from the Settlement Class are Defendants; Released Parties; co- conspirators; and the officerslegal representatives, directorsheirs, successors or employees assigns of any Defendantsuch excluded persons, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator the Court and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to member of the OTC ActionCourt’s or staff’s immediate family. (c) The Parties’ 50. If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final settlement and resolution of this Litigation as provided for in this Agreement is not reached, Defendant’s agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed be used or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class cited for any purpose other than effectuating in the settlementLitigation or otherwise, and that if including but not limited to in any request for class certification in the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. 43. For the purposes of the Settlement only, the Parties stipulate and agree that (a) The the Class shall be certified in accordance with the definition contained in Paragraphs 44 and 45, below; (b) Counter-Plaintiffs shall represent the Class for settlement purposes and shall be the Class Representatives; and (c) Counter-Plaintiffs’ Counsel shall be appointed as Class Counsel. 44. Counter-Defendants do not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement Agreement, or if for any other reason Final Approval of the Settlement Agreement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties hereby stipulate for purposes of settlement only that will be returned to their positions with respect to the requirements of Federal Rule of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject Consolidated Actions as if the Agreement had not been entered into. 45. Subject to Court approval, the following settlement class Settlement Class shall be certified for settlement purposes: All persons against whom Midland filed a collection lawsuit in Illinois between March 12, 2011 and September 30, 2018, subject to the Exclusions detailed below. 46. Excluded from the Settlement Class are: (1) all Settlement Class members who paid or settled their accounts in full without Midland obtaining a judgment as of the date of Preliminary Approval; (2) all Settlement Class members whose accounts have been discharged in bankruptcy as of the date of Preliminary Approval; (3) all Settlement Class members whose accounts currently have a zero balance as of the dates of the Preliminary Approval; (4) all Settlement Class members who are deceased as of the date of Preliminary Approval; (5) all persons who elect to Barclays exclude themselves from the Settlement Class; and (6) the Court and staff to whom this case is assigned, and any member of the Court’s or staff’s immediate family (collectively, the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class PeriodExclusions”). 47. The Settlement Class Members, subject to the Exclusions, whose accounts as of the date of Preliminary Approval have an outstanding balance and are open Midland accounts. 48. The Counter-Defendants represents that, as of June 1, 2021: (bi) Specifically excluded from the total number of Settlement Class Members not subject to Exclusions is 57,552; (ii) acknowledge that these numbers are subject to change over time, and that the foregoing numbers are provided for informational purposes only. As detailed below, Midland will create a Class List within twenty eight (28) days after the entry of the Preliminary Approval Order that will include updated numbers for the total number of Settlement Class Members, as of the date of the entry of the Preliminary Approval Order. Administration of this settlement will be based on the numbers of class members as of the date of the entry of the Preliminary Approval Order as updated in the Class are Defendants; Released Parties; co- conspirators; List, and not on the officersnumbers provided in this paragraph. 49. If for any reason the Settlement Agreement is not approved, directorsthe Court does not enter a Preliminary Approval Order and/or Final Approval Order, or employees a Final Settlement and resolution of any Defendantthe Consolidated Actions as provided for in this Agreement is not reached, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or coCounter-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The PartiesDefendants’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class be used for any purpose other than effectuating purpose, including but not limited to in any request for class certification in the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Consolidated Actions or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.

Settlement Class Certification. (a) The Parties hereby stipulate for 3.1 For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class shall be certified in accordance with the definition contained in Paragraph 3.3 below; (2) Plaintiffs shall represent the Settlement Class for settlement only that purposes and shall be the requirements Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 3.2 Defendant does not consent to certification of Federal Rule the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of Civil Procedure 23(a) the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and 23(b)(3) are satisfied, and, subject the Parties will be returned to their positions with respect to the Litigation as if the Settlement Agreement had not been entered into. 3.3 Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays for settlement purposes: All persons who took an exam using Respondus Monitor while physically present in the state of Illinois at any time between November 11, 2015 and the date of preliminary approval of the Settlement (the “Class” “Class Period”). Excluded from the Settlement Class are: (i) persons who used Respondus Monitor while attending Illinois public universities or “OTC Class”): All persons colleges; (ii) Defendant; (iii) any person who was an officer or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument any time director of Respondus during the period August 2007 through May 2010 (the “Class Period”). ; (biv) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, any firm or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, Defendant has or co-conspirator has had a controlling interest; any affiliate(v) parents, legal representative, heiraffiliates, or assign subsidiaries of Respondus; (vi) the legal representatives, agents, heirs, beneficiaries, successors-in-interest, or assigns of any Defendantexcluded person or entity, Released Partyin their respective capacity as such; (vii) the Court and staff (and the immediate family of) to whom this case is assigned; and (vii) any persons or entities who or which exclude themselves by individually submitting a timely and valid request for exclusion according to the opt-out requirements in the Class Notice and that is accepted by the Court. 3.4 If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or co-conspirator final settlement and any person acting on their behalf. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification resolution of the Class is only Litigation as provided for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Settlement Agreement is terminated as provided hereinnot reached, or if the Parties will return to their respective pre-settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class for any purpose other than effectuating the settlement, and that if the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceedinglitigation positions.

Settlement Class Certification. (a) The Parties 1. Plaintiffs and the Gennex Defendants hereby stipulate for purposes of settlement only that the requirements of Federal Rule of Civil Procedure Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are satisfied, and, subject to Court approval, the following settlement class Class shall be certified for settlement purposes as to Barclays (the “Class” or “OTC Class”): Gennex Defendants: All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, including its territories and the District of Columbia, who purchased customized silicone wristbands or customized pin buttons within the United States, including its territories and the District of Columbia, directly from a Defendant (one or a Defendant’s subsidiaries more Defendants, or affiliates)any of their predecessors, a U.S. Dollar LIBOR-Based Instrument subsidiaries, or affiliates thereof, and that owned all federal or state government entities or agencies, between June 1, 2014 and the U.S. Dollar LIBOR-Based Instrument any time during the period August 2007 through May 2010 (the “Class Period”)Execution Date. (b) Specifically excluded from the Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf2. Also excluded from the Class are any judicial officers presiding over this action and the members of his/her immediate families and judicial staff, and any juror assigned to the OTC Action. (c) The Parties’ agreement as to certification of the Class is only for purposes of effectuating a settlement this Settlement as to the Gennex Defendants, and for no other purpose. Barclays retains all The Gennex Defendants retain all, and do not waive any, of its their objections, arguments, and defenses with respect to any other request for class certification, and reserves reserve all rights to contest class certificationcertification if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the settlement Court’s approval is reversed or vacated on appeal, if either provides a Termination Notice pursuant to Section X, or if the Settlement set forth in this Agreement otherwise fails to proceed for any other reason. The Parties acknowledge that there has not been and there is no stipulation to a class or certification of a class for any purpose other than effectuating the Settlement, and that, if the Settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement Settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class close for any purpose other than effectuating the settlementreason, and that if the settlement set forth in then this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and neither this Agreement or nor any other settlementSettlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for or against certifying a class for any purpose related to this proceedingAction.

Settlement Class Certification. 50. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 52, below; (2) Plaintiffs shall represent the Class for settlement purposes and shall be the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 51. Defendants do not consent to certification of the Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Litigation as if the Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (a) The Parties hereby stipulate for purposes any Court orders preliminarily or finally approving the certification of any class contemplated by this Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (b) the fact of the settlement only reflected in this Agreement, that Defendants do not oppose the certification of a Class under this Agreement, or that the requirements Court preliminarily approved the certification of Federal Rule a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of Civil Procedure 23(a) and 23(b)(3) are satisfied, and, subject any class. 52. Subject to Court approval, the following settlement class Settlement Class shall be certified as to Barclays (for settlement purposes: “All individuals whose biometric identifiers or biometric information were captured, collected, stored, used, transmitted, or disseminated by or on behalf of Defendant Inpax within the “Class” or “OTC Class”): All persons or entities (other than Defendants and their employees, affiliates, parents, and subsidiaries) that purchased in the United States, directly from a Defendant (or a Defendant’s subsidiaries or affiliates), a U.S. Dollar LIBOR-Based Instrument and that owned the U.S. Dollar LIBOR-Based Instrument state of Illinois at any time during the period August 2007 through May 2010 (the “Class Periodbetween February 21, 2013 and [Preliminary Approval].”). (b) Specifically excluded 53. Excluded from the Settlement Class are Defendants; Released Parties; co- conspirators; the officers, directors, or employees of any Defendant, Released Party, or co- conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any person acting on their behalf. Also excluded all persons who timely elect to exclude themselves from the Class are any judicial officers presiding over Settlement Class, the Court and staff to whom this action and the members of his/her immediate families and judicial staffcase is assigned, and any juror assigned to member of the OTC ActionCourt's or staff's immediate family. Defendant Inpax represents, based on its records, that there are approximately 1,708 individuals in the Settlement Class. (c) The Parties54. If for any reason the Settlement is not approved, the Court does not enter a Preliminary Approval Order and/or a Final Approval Order, or final settlement and resolution of the Litigation as provided for in this Agreement is not reached, Defendants’ agreement as to certification of the Settlement Class is only for purposes of effectuating a settlement and for no other purpose. Barclays retains all of its objections, arguments, and defenses with respect to class certification, and reserves all rights to contest class certification, if the settlement set forth in this Agreement does shall not receive the Court’s final approval, if the Court’s approval is reversed be used or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective. The Parties acknowledge that there has been no stipulation to any Class or certification of any Class cited for any purpose other than effectuating in the settlementLitigation or otherwise, and that if including but not limited to in any request for class certification in the settlement set forth in this Agreement does not receive the Court’s final approval, if the Court’s approval is reversed or vacated on appeal, if this Agreement is terminated as provided herein, or if the settlement set forth in this Agreement otherwise fails to become effective, this agreement as to certification of the OTC Class becomes null and void ab initio, and this Agreement Litigation or any other settlement-related statement may not be cited regarding certification of the OTC Class, or in support of an argument for certifying a class for any purpose related to this proceeding.