If you are a member of the Classes, unless you exclude yourself, you will remain in the Classes, and that means that, upon the “Effective Date” of the Settlement, you will release all “Released Plaintiffs’ Claims” against the Defendant Releasees.
(a) “Released Plaintiffs’ Claims” means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, judgments, decrees, matters, as well as issues and controversies of any kind, whether known or unknown, disclosed or undisclosed, accrued or unaccrued, apparent or unapparent, foreseen or unforeseen, suspected or unsuspected, fixed or contingent, including Unknown Claims, that Plaintiffs or any and all Class Members ever had, now have, or may have, or otherwise could, can, or might assert, whether direct, derivative, individual, class, representative, legal, equitable, or of any other type against any of the Defendant Releasees, whether based on state, local, foreign, federal, statutory, regulatory, common, or other law or rule (including, but not limited to, any claims under the federal securities laws), which, now or hereafter, are based upon, arise out of, relate in any way to, or involve, directly or indirectly: (i) any of the actions, transactions, occurrences, statements, representations, misrepresentations, omissions, allegations, facts, practices, events, claims, or any other matters that were, could have been, or in the future can or might be alleged, asserted, set forth, or claimed in connection with any of the Actions or the subject matter of any of the Actions in any court, tribunal, forum, or proceeding; or (ii) that are based upon, arise out of, relate in any way to, or involve the purchase or acquisition of REV Group common stock in or traceable to the Company’s IPO or SPO and/or during the Relevant Period; provided however, that the Released Plaintiffs’ Claims shall not include (i) claims relating to the enforcement of the Stipulation or (ii) any claims asserted in any derivative action, including In Re REV Group, Inc. Derivative Action, 2:21-cv-283-LA (E.D. Wis.).
(b) “Defendant Releasees” means, whether or not each or all of the following persons or entities were named in the Actions or any related suit, (i) any and all Defendants (including REV Group; the Individual Defendants; the Underwriter Defendants; and AIP), any and all persons or entities who were previously named as defendants in any of the Actions but who are no longer Defendants (“Former Defendants”), and any and all present or former directors, officers, or employees of REV Group; (ii) any person or entity which is, was, or will be related to or affiliated with any or all of the Defendants or Former Defendants or in which any or all of the Defendants or Former Defendants has, had, or will have a controlling interest (including AIP, LLC, American Industrial Partners Capital Fund IV, LP; American Industrial Partners Capital Fund IV (Parallel), LP; AIP/CHC Holdings, LLC; and AIP/CHC Investors, LLC); and (iii) the respective present or former family members, spouses, heirs, trusts, trustees, executors, estates, administrators, beneficiaries, distributees, foundations, agents, employees, fiduciaries, general partners, limited partners, partnerships, joint ventures, affiliated investment funds, affiliated investment vehicles, affiliated investment managers, affiliated investment management companies, member firms, corporations, parents, subsidiaries, divisions, affiliates, associated entities, stockholders, principals, officers, directors, managing directors, members, managers, predecessors, predecessors-in-interest, successors, successors-in interest, assigns, bankers, underwriters, brokers, dealers, lenders, attorneys, insurers, co-insurers, re-insurers, and associates of each and all of the foregoing.
(c) “Unknown Claims” means any Released Plaintiffs’ Claims that Plaintiffs or any members of any of the Classes do not know or suspect exist in their favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant does not know or suspect to exist in his or its favor at the time of the release of such claims, which, if known, might have affected the decision to enter into this Settlement. With respect to any of the Released Claims, the Parties stipulate and agree that, upon the Effective Date, Plaintiffs and Defendants shall expressly have, and each member of any of the Classes shall be deemed to have waived, relinquished, and released any and all provisions, rights, and benefits conferred by or under California Civil Code § 1542 or any law of the United States or any state of the United States, or principle of common law, that is similar, comparable, or equivalent to California Civil Code § 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Plaintiffs and Defendants acknowledge, and Class Members by operation of law shall be deemed to have acknowledged, that they may discover facts in addition to or different from those now known or believed to be true with respect to the Released Claims, but that it is the intention of Plaintiffs and Defendants, and by operation of law the members of the Classes, to completely, fully, finally, and forever extinguish any and all Released Claims, known or unknown, suspected or unsuspected, which now exist, or previously existed, or may hereafter exist, and without regard to the subsequent discovery of additional or different facts. Plaintiffs and Defendants acknowledge, and the members of the Classes by operation of law shall be deemed to have acknowledged, that the inclusion of “Unknown Claims” in the definition of “Released Claims” was separately bargained for and is a material element of the Settlement of which this release is a part.
The “Effective Date” will occur when an Order entered by the Court approving the Settlement becomes Final and is not subject to appeal. If you remain a member of the Classes, all of the Court’s orders, whether favorable or unfavorable, will apply to you and legally bind you. Upon the Effective Date, Defendants will also provide a release of any claims against Plaintiffs and the Classes arising out of or related to the institution, prosecution, defense, or settlement of the Actions.