CLASS ACTION SETTLEMENT AGREEMENTThis Class Action Settlement Agreement (the Agreement or Settlement) is enteredinto by and among Mario Aliano (Aliano) and Due Fratelli, Inc. (Due Fratelli), ChristopherMcNair (McNair), Ryan Townsend (Townsend), and Timothy Seils (Seils), for themselvesindividually and on behalf of the Settlement Class (defined below), and Templeton Rye Spirits,LLC (Templeton or Defendant). This Settlement is intended by the Parties (defined below)to fully, finally, and forever resolve, discharge and settle the Released Claims (defined below)upon and subject to the terms and conditions hereof, and subject to court approval.I. RECITALSWHEREAS, there are three putative class action lawsuits that were filed in state courts inIllinois and Iowa against Defendant related to the marketing of its Templeton Rye whiskeyproduct;WHEREAS, in the case captioned McNair v. Templeton Rye Spirits, LLC, 2014 CH14583 (Cir. Ct. Cook County, Ill.), Plaintiff Christopher McNair alleged claims for damages, aswell as injunctive and declaratory relief arising out of the design, marketing, and sale ofDefendants Templeton Rye whiskey product. Defendant removed the McNair action to theUnited States District Court for the Northern District of Illinois on September 24, 2014, as CaseNumber 14-cv-07440;WHEREAS, in the case captioned Aliano, et al. v. Templeton Rye Spirits, LLC, 2014-CH-15667 (Cir. Ct. Cook County, Ill.), Aliano and Due Fratelli similarly alleged claims for damages,as well as injunctive and declaratory relief against Defendant arising out of the marketing andsale of Defendants Templeton Rye whiskey product to consumers and commercial entities;WHEREAS, in the case captioned Townsend v. Templeton Rye Spirits, LLC, CV0485812(Iowa Dist. Ct., Polk County), Plaintiffs Ryan Townsend and Timothy Seils also alleged claimsfor damages, as well as injunctive and declaratory relief arising out of the design, marketing, andsale of Defendants Templeton Rye whiskey product;WHEREAS, the Plaintiffs in the above-referenced matters have their respective casespending in different jurisdictions and are represented by separate counsel;WHEREAS, the Parties have exchanged several rounds of informal discovery, includingdocuments and other information relevant to their respective claims and defenses, and ultimatelyagreed to attempt to resolve the claims through mediation with a third party neutral;WHEREAS, on January 8, 2015, the Parties participated in a formal mediation with theHon. Michael Gallagher (Ret.) of Michael J. Gallagher Mediation Services LLC. After a full dayof mediation, additional exchanges of information, and several rounds of arms-lengthnegotiations with the assistance of Judge Gallagher, the Parties agreed upon the parameters of aclass action settlement that would resolve the claims against Defendant related to the marketingand sale of its Templeton Rye whiskey product;WHEREAS, following the mediation, counsel for Plaintiffs conferred regarding theirrespective cases and agreed to coordinate efforts, to the extent possible;WHEREAS, Plaintiffs and Class Counsel have conducted a comprehensive examinationof the law and facts relating to the actions at issue, including through informal discovery, andexchanges of information throughout the pendency of this case;WHEREAS, based on an analysis of the facts and the law applicable to Plaintiffs claimsin the Actions, and taking into account the burdens and expense of such litigation, including therisks and uncertainties associated with protracted trials and appeals, as well as the fair, cost-effective and assured method of resolving the claims of the Settlement Class, Plaintiffs and Class3Counsel have concluded that this Settlement provides substantial benefits to the Settlement Classand the public as a whole, and is fair, reasonable, adequate, and in the best interest of Plaintiffsand the Settlement Class;WHEREAS, Defendant does not admit any liability or wrongdoing, but has similarlyconcluded that this Agreement is desirable in order to avoid the time, risk and expense ofdefending protracted litigation, and to resolve finally and completely the pending and potentialclaims of Plaintiffs and the Settlement Class;WHEREAS, the Parties agree that all Persons shall have an individual right to excludethemselves from the Settlement Class, such that participation in the Settlement Benefits providedby this Agreement shall be voluntary; andNOW THEREFORE, the Parties stipulate and agree that any and all Released Claimsagainst Defendant, and all other Released Parties, shall be finally settled and resolved on theterms and conditions set forth in this Agreement, subject to Court approval, as a fair, reasonable,and adequate settlement.II. DEFINITIONSAs used herein, in addition to any definitions set forth elsewhere in this Agreement, thefollowing terms shall have the meanings set forth below:Actions means the cases captioned Aliano et al. v. Templeton Rye Spirits, LLC, CaseNo. 2014-CH-15667 (Cir. Ct. Cook County, Ill.) (the Aliano Action); McNair v. Templeton,Case No. 1:14-cv-07440 (N.D. Ill.) (the McNair Action); and Townsend v. Templeton RyeSpirits, LLC, Case No. CV048581 (Iowa Dist. Ct., Polk County) (the Townsend Action).Agreement means this Class Action Settlement Agreement (including all exhibitshereto).4ApprovedClaim means a Claim Form submitted by a Settlement Class Member that(a) is timely and submitted in accordance with the directions on the Claim Form and the terms ofthis Agreement, (b) is physically signed or electronically verified by the Settlement ClassMember, and (c) is not the subject of an objection by any Party that has not been overruled inaccordance with this Agreement.ClaimForm means the form attached hereto as Exhibit A, as approved by the Court.The Claim Form must be completed, and physically signed or verified electronically underpenalty of perjury, by Settlement Class Members and shall be available for online filing ordownload from the Settlement Website and from the Settlement Administrator in hardcopy form.The Claim Form will require the Settlement Class Member to provide the following information:(i) their full name and address, (ii) their phone number, and (iii) the State(s) in which they madetheir Templeton Rye whiskey purchase(s).ClaimsDeadline means the date by which all Claim Forms must be postmarked orreceived to be considered timely and shall be set as the date sixty (60) days after the Notice Date.The Claims Deadline shall be clearly set forth in the Notice to be provided to the SettlementClass, the Claim Form, and the Courts order granting Preliminary Approval.ClassCounsel means attorneys Thomas A. Zimmerman, Jr. of Zimmerman LawOffices, PC and Ari J. Scharg of Edelson PC.ClassRepresentatives means or refers to Mario Aliano and Due Fratelli, Inc., each ofwhom personally submits to the jurisdiction of the Circuit Court of Cook County, Illinois, for thepurpose of approving, administering, interpreting, and enforcing this Agreement.Court means the Circuit Court of Cook County, Illinois, County Department, ChanceryDivision.5Defendant means or refers to Defendant Templeton Rye Spirits, LLC, an Iowa limitedliability company.DefendantsCounsel means Thomas J. Cunningham and Simon A. Fleischmann ofLocke Lord LLP.EffectiveDate means one business day following the later of: (i) the date upon whichthe time expires for filing or noticing any appeal of the Final Judgment if no such appeal is filed;(ii) if there is an appeal or appeals, other than an appeal or appeals solely with respect toattorneys fees and reimbursement of expenses, the date of completion, in a manner that finallyaffirms and leaves in place the Final Judgment without any material modification, of allproceedings arising out of the appeal or appeals (including, but not limited to, the expiration ofall deadlines for motions for reconsideration or petitions for review and/or certiorari, allproceedings ordered on remand, and all proceedings arising out of any subsequent appeal orappeals following decisions on remand); or (iii) the date of final dismissal of any appeal or thefinal dismissal of any proceeding on certiorari with respect to the Final Judgment.Exclusion/ObjectionDeadline means the date by which a written objection to thisAgreement must be filed with the Court or a request for exclusion by a Person within theSettlement Class must be postmarked or delivered to the Settlement Administrator, ClassCounsel, and/or Defendants Counsel (as set forth herein), which shall be designated as a date nolater than forty-five (45) days after the Notice Date, or such other date as ordered by the Court.FairnessHearing means the hearing before the Court where the Parties will requestthe Final Judgment be entered by the Court finally approving the Settlement as fair, reasonable,and adequate, and approving the Fee Award and the incentive awards to the ClassRepresentatives and Named Plaintiffs.6FeeAward means the amount of attorneys fees and reimbursement of costs awardedby the Court to Class Counsel and Steering Committee.Final J udgment means the Final Judgment to be entered by the Court approving theAgreement, and determining the Fee Award and the incentive award to the Class Representativesand Named Plaintiffs.Mediator means the Honorable Michael J. Gallagher (Ret.) of Michael J. GallagherMediation Services LLC.NamedPlaintiffs means Ryan Townsend, Timothy Seils, and Christopher McNair.Notice means notice of this proposed settlement and the Fairness Hearing, which is tobe sent to the Settlement Class substantially in the manner set forth in this Agreement, fulfills therequirements of Due Process, and is substantially in the form of Exhibits B, C, D, E, F and Gattached hereto.NoticeDate means the date upon which the Notice set forth in Section V is complete,which shall be a date no later than sixty (60) days after entry of Preliminary Approval.Parties means, collectively, Plaintiffs Mario Aliano, Due Fratelli, Inc., ChristopherMcNair, Ryan Townsend, and Timothy Seils, and Defendant Templeton Rye Spirits, LLC.Person means any individual, corporation, trust, partnership, limited liability companyor other legal entity and their respective predecessors, successors or assigns. The definition ofPerson is not intended to include any governmental agencies or governmental actors,including, without limitation, any state Attorney General office.Plaintiffs means or refers to the Class Representatives and Named Plaintiffs.PreliminaryApproval means the order preliminarily approving the Agreement,certifying the Settlement Class for settlement purposes, and approving the form and manner of7the Notice, a proposed version of which will be agreed upon by the Parties and submitted to theCourt in conjunction with Plaintiffs motion for preliminary approval of the Agreement.Proof of Purchase means any written documentation evidencing the purchase ofTempleton Rye whiskey, such as an itemized sales receipt, credit card statement, or UPC from aTempleton Rye bottle.ReleasedClaims means any and all actual, potential, filed, known or unknown, fixedor contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities,rights, causes of action, contracts or agreements, extra-contractual claims, damages, punitive,exemplary or multiplied damages, expenses, costs, attorneys fees and/or obligations (includingUnknown Claims as defined below), whether in law or in equity, accrued or unaccrued, direct,individual or representative, of every nature and description whatsoever, whether based onfederal, state, local, statutory or common law or any other law, rule or regulation, including thelaw of any jurisdiction outside the United States, against the Released Parties, or any of them,arising out of the facts, transactions, events, matters, occurrences, acts, disclosures, statements,misrepresentations, omissions or failures to act regarding the Released Parties marketing,merchandising (in the form of hats, t-shirts, key rings, etc.), offering, charging, billing, or sale ofTempleton Rye whiskey, including all claims that were brought or could have been brought inthe Action or Related Actions relating to such marketing, merchandising, offering, charging,billing, or sale, belonging to any and all Releasing Parties. Nothing herein is intended to releaseany claims that any governmental agency or governmental actor has against Defendant.ReleasedParties means Defendant Templeton Rye Spirits, LLC, and its respectivepredecessors, successors, parents, subsidiaries, affiliates, divisions, departments, any and all ofits past, present, and future officers, directors, members, managers, contractors, employees,8stockholders, partners, servants, successors, attorneys, representatives, insurers, and subrogees,and any and all suppliers, distributors, and retailers involved in the manufacturing, marketing,and sale of Templeton Rye.ReleasingParties means the Class Representatives, Named Plaintiffs, and theSettlement Class Members who do not validly and timely request to be excluded from theproposed settlement (whether or not such Settlement Class Members submit claims) and all ofthe their present, former, and future heirs, executors, administrators, representatives, agents,attorneys, partners, predecessors-in-interest, successors, assigns, and legatees. To the extent aSettlement Class Member is not an individual, Releasing Parties also includes all of its present,former, and future direct and indirect parent companies, affiliates, subsidiaries, divisions, agents,franchisees, successors, assigns and predecessors-in-interest.RemainingFunds means the amount of the Settlement Fund remaining after thepayment of all Approved Claims, Settlement Administration Expenses, the incentive awards tothe Class Representatives and Named Plaintiffs, and the Fee Award to Class Counsel and theSteering Committee.Settlement AdministrationExpenses means the expenses incurred by the SettlementAdministrator in providing Notice, processing Claim Forms and requests for exclusion, payingApproved Claims, establishing and maintaining the Settlement Website, and establishing andmaintaining the Settlement Telephone Line.Settlement Administrator means, subject to approval of the Court, DahlAdministration, LLC, which will oversee the Notice plan and conduct the processing andpayment of Approved Claims to Settlement Class Members as set forth in this Agreement.9Settlement Class means all persons and entities in the United States who purchasedTempleton Rye from January 1, 2006 to the date of preliminary approval of the Settlement.Excluded from the Settlement Class are: (1) the Judge presiding over the Aliano Action (or theJudge or Magistrate presiding over the action through which this matter is presented forsettlement), and members of their families; and (2) the Released Parties.Settlement ClassMember or ClassMember means a Person who falls within thedefinition of the Settlement Class as set forth in this Agreement and who has not submitted avalid request for exclusion.Settlement Fund means the cash settlement fund in the amount of Two Million FiveHundred Thousand Dollars ($2,500,000). The Settlement Fund shall be used for the payment ofall Approved Claims, Settlement Administration Expenses, any incentive awards to the ClassRepresentatives and Named Plaintiffs, and any Fee Awards to Class Counsel and the SteeringCommittee. Within five (5) business days after the Effective Date, Defendant shall transmit tothe Settlement Administrator the money required to pay all of the foregoing items. TheSettlement Fund represents the limit and extent of Defendants monetary obligations under thisAgreement. All Remaining Funds are the property of Defendant.SteeringCommittee means Matthew L. Preston of Brady Preston Brown PC; andRandy Wilharber of Peddicord, Wharton, Spencer, Hook, Barron & Wegman, LLP. TheSteering Committee will submit to the jurisdiction of the Circuit Court of Cook County, IL forpurposes of complying with and giving effect to this Settlement Agreement and any relatedorders of the Court.TempletonRye means the whiskey manufactured and sold as Templeton Rye whiskeyby any of the Released Parties.10UnknownClaims means claims that could have been raised in the Actions and thatPlaintiffs, any member of the Settlement Class or any Releasing Party, do not know or suspect toexist, which, if known by him, her or it, might affect his, her or its agreement to release theReleased Parties or the Released Claims or might affect his, her or its decision to agree, object ornot to object to the Settlement. Upon the Effective Date, Plaintiffs, any member of the SettlementClass, and any Releasing Party shall be deemed to have, and shall have, expressly waived andrelinquished, to the fullest extent permitted by law, the provisions, rights and benefits ofSection 1542 of the California Civil Code, which provides as follows:A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THECREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HERFAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IFKNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HISOR HER SETTLEMENT WITH THE DEBTOR.Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and shall have,waived any and all provisions, rights and benefits conferred by any law of any state, the Districtof Columbia or territory of the United States, by federal law, or principle of common law, or thelaw of any jurisdiction outside of the United States, which is similar, comparable or equivalent toSection 1542 of the California Civil Code. Plaintiffs, the Settlement Class, and the ReleasingParties acknowledge that they may discover facts in addition to or different from those that theynow know or believe to be true with respect to the subject matter of the release, but that it is theirintention to finally and forever settle and release the Released Claims, notwithstanding anyUnknown Claims they may have, as that term is defined in this paragraph.III. SETTLEMENT RELIEFA. Prospective Relief. Defendant agrees to make the following modification to itslabeling and marketing practices, for a period of no less than four (4) years from the EffectiveDate:111. Label Changes. Defendant shall (a) modify the front panel of the label forTempleton Rye by removing the phrases Small Batch and Prohibition-Era Recipe; (b) addthe phrase based on the Prohibition Era Kerkhoff recipe; and (c) modify the back panel of thelabel for Templeton Rye by disclosing the State in which the spirit is distilled.2. Website and Marketing. Defendant shall not use the phrases SmallBatch and Prohibition-Era Recipe on its website or on any marketing materials after theEffective Date, and shall remove such phrases from its internet website within fourteen (14) daysafter the Effective Date.B. Monetary Payments. Settlement Class Members shall have until the ClaimsDeadline to submit Claim Forms and may elect to seek payments (Settlement Benefits) as setforth below: (1) for bottles purchased without proof of purchase, (2) for bottles purchased withproof of purchase, and (3) for alcoholic beverages containing Templeton Rye purchased from aretail establishment. Each Settlement Class Member who timely submits an Approved Claimshall, upon the Effective Date, be entitled to a cash payment in an amount based upon thefollowing:1. Without Proof of Purchase. Settlement Class Members who timely submitan Approved Claim without Proof(s) of Purchase shall be entitled to receive a cash payment ofThree Dollars ($3.00) for each bottle of Templeton Rye purchased, subject to a maximum of six(6) bottles per Settlement Class Member.2. With Proof of Purchase. Settlement Class Members who timely submit anApproved Claim along with Proof(s) of Purchase shall be entitled to a cash payment of SixDollars ($6.00) for each bottle of Templeton Rye purchased, subject to a maximum of six (6)bottles per Settlement Class Member.123. On Premise Purchase. Settlement Class Members who timely submit avalid Claim Form shall, upon the Effective Date, be entitled to receive a cash payment of OneDollar ($1.00) for each alcoholic beverage containing Templeton Rye purchased on premise at aretail establishment, subject to a maximum of five (5) drinks.4. Limits Per Claim. Settlement Class Members may select any or all of theabove options, subject to an aggregate limit of Thirty Six Dollars ($36.00) total per Claim Formand one Claim Form submitted per household. Persons who are Settlement Class Members, butwho are not individuals, cannot file a Claim Form seeking payment for any bottles of TempletonRye purchased that were later sold, in whole or in part, at retail.C. If the total amount of Approved Claims exceeds the amount in the SettlementFund after payment of Settlement Administration Expenses, Fee Awards, and incentive awards,then each Settlement Class Member with an Approved Claim shall receive a pro rata share of theamount of the Settlement Fund that is available after payment of such amounts.D. All cash payments issued to Settlement Class Members via check will state on theface of the check that the check will expire and become null and void unless cashed withinninety (90) days after the date of issuance. To the extent that a check issued to a Settlement ClassMember is not cashed within ninety (90) days after the date of issuance, the check will be void,and such funds shall revert to the Illinois Bar Foundation. Within fourteen (14) days after theninetieth (90th) day after the date of issuance of the settlement checks, the SettlementAdministrator shall (1) notify the bank that issued these checks to stop payment on the checks,and (2) issue a check payable to the Illinois Bar Foundation in the aggregate amount of thevoided checks.13IV. RELEASEUpon the Effective Date, the Releasing Parties, and each of them, shall be deemed tohave, and by operation of the Final Judgment shall have, fully, finally, and forever released,relinquished and discharged all Released Claims against each and every one of the ReleasedParties.V. SETTLEMENT CLASS NOTICEA. Upon entry of Preliminary Approval, the Settlement Administrator shall cause theNotice describing the Fairness Hearing, the terms of the compromise embodied in thisAgreement, and the Claim Form to be disseminated to the Settlement Class as provided herein.Such Notice shall comport with due process and the costs shall be Settlement AdministrationExpenses.B. The Notice shall include:1. Direct Notice by E-mail. Within fourteen (14) days after PreliminaryApproval of this Agreement, Defendant shallbased on a review of the business records anddata in its possession, custody, or controlprovide the Settlement Administrator with e-mailaddresses for all reasonably identifiable Persons who are potential members of the SettlementClass. The information provided to the Settlement Administrator shall be held in confidence andnot provided to any Person other than Class Counsel. Class Counsel shall keep such informationstrictly confidential and will use it only in connection with the Settlement. Within fourteen (14)days after receipt of such e-mail addresses, the Settlement Administrator will send notice topotential Settlement Class Members by e-mail. A copy of the proposed e-mail notice is attachedas Exhibit B hereto.142. Direct Notice By Mail. Within fourteen (14) days after PreliminaryApproval of this Agreement, Defendant shallbased on a review of the business records anddata in its possession, custody, or controlprovide the Settlement Administrator with mailingaddresses for any reasonably identifiable Persons who are potential members of the SettlementClass. The information provided to the Settlement Administrator shall be held in confidence andnot provided to any Person other than Class Counsel. Class Counsel shall keep such informationstrictly confidential and will use it only in connection with administration of the Settlement.Within fourteen (14) days after receipt of such mailing addresses, the Settlement Administratorwill mail notice to potential Settlement Class Members by United States postal service. Themailed notice shall consist of a postcard containing a summary notice. A copy of the proposedpostcard summary notice is attached as Exhibit C hereto.3. Online Media Campaign. The Settlement Administrator will design andimplement an online media campaign to supplement the direct notice and Settlement Website.The online media campaign shall be substantially in the form of attached Exhibit D attachedhereto, and shall commence within twenty eight (28) days after Preliminary Approval.4. Settlement Website. Within ten (10) days after Preliminary Approval, theSettlement Administrator will develop, host, administer and maintain a dedicated settlementwebsite located at URL www.TempletonRyeSettlement.com, which shall include the ability toelectronically file Claim Forms and any accompanying documentation online (SettlementWebsite). The settlement website and long form notice which can be downloaded from thewebsite shall be substantially in the form of Exhibits E and F attached hereto. The SettlementWebsite and Toll-Free Helpline shall be active and maintained until fifteen (15) days after thelast date to negotiate settlement checks.155. Templetons Website. Within ten (10) days after Preliminary Approval,Defendant shall place a short notice with a hyperlink to the Settlement Website on its TempletonRye website. The hyperlink notice shall be substantially in the form of Exhibit G attachedhereto. The short notice and hyperlink shall be active and maintained until the Claims Deadline.C. The Notice shall advise the Settlement Class of their rights under the Settlement,including the right to be excluded from, comment upon, and/or object to the Agreement or itsterms. The Notice shall specify that any objection to this Agreement, and any papers submittedin support of said objection, shall be received by the Court at the Fairness Hearing, only if, on orbefore the Exclusion/Objection Deadline approved by the Court and specified in the Notice, thePerson making an objection shall file notice of his or her intention to do so and at the same time(a) file copies of such papers he or she proposes to submit at the Fairness Hearing with the Court,and (b) send copies of such papers via mail, hand, or overnight delivery service to either ClassCounsel or Defendants Counsel.D. Any Settlement Class Member who does not file a written request for exclusionand who intends to object to this Agreement must present the objection in writing, which must bepersonally signed by the objector, and must include: (1) the objectors full name, address, andtelephone number; (2) a signed statement under penalty of perjury that the following informationis true and correct to the best of the Settlement Class Members knowledge and belief: theSettlement Class Member purchased either a bottle of Templeton Rye, or a drink containingTempleton Rye on premises at a retail establishment between January 1, 2006 and [DATE]; (3)all grounds for the objection, including all citations to legal authority and documents or evidencesupporting the objection; (4) the name and contact information of any and all attorneysrepresenting, advising, or in any way assisting the objector in connection with the preparation or16submission of the objection or who may profit from the pursuit of the objection (the ObjectingAttorneys); and (5) a statement indicating whether the objector intends to appear at the FairnessHearing (either personally or through counsel who files an appearance with the Court inaccordance with the rules of the Court). Any Person who objects to the settlement shall not bepermitted to opt-out pursuant to Paragraph V(F) below.E. Any Settlement Class Member who fails to timely file a written objection with theCourt and notice of his or her intent to appear at the Fairness Hearing in accordance with theterms of this Section and as detailed in the Notice, and at the same time provide copies todesignated counsel for the Parties, shall not be permitted to object to this Agreement at theFairness Hearing, and shall be foreclosed from seeking any review of this Agreement by appealor other means and shall be deemed to have waived his or her objections and be forever barredfrom making any such objections in the Action, Related Actions, or any other action orproceeding relative to this settlement.F. Any member of the Settlement Class who has not objected to the Settlement mayrequest to be excluded from the Settlement Class by sending a written request for exclusion tothe Settlement Administrator postmarked on or before the Exclusion/Objection Deadline. To bevalid, any request for exclusion must be in writing; identify the case name Aliano et al. v.Templeton Rye Spirits, LLC, Case No. 2014-CH-15667 (Cir. Ct. Cook County, Ill.); state thename and address of the member(s) of the Settlement Class seeking exclusion; include a clearand unambiguous statement that he or she wishes to be excluded from the settlement; bephysically signed by the Person(s) seeking exclusion; and must be postmarked or received by theSettlement Administrator on or before the Exclusion/Objection Deadline. A request to beexcluded that does not include all of this information, or that is sent to an address other than that17designated in the Notice, or that is not postmarked or received by the Settlement Administratorwithin the time specified, shall be invalid, and the Person(s) serving such a request shall be amember(s) of the Settlement Class and shall be bound as Settlement Class Members by theAgreement, if approved. Any Person who elects to opt-out of the Settlement Class shall not (i) bebound by any orders or Final Judgment, (ii) be entitled to relief under this Agreement, (iii) gainany rights by virtue of this Agreement, or (iv) be entitled to object to any aspect of thisAgreement. No Person may opt-out of the Settlement Class through mass or class opt-outs.Any Person who opts out shall not be permitted to object pursuant to Paragraph V(D) above.VI. SETTLEMENT ADMINISTRATIONA. The Settlement Administrator shall, under the supervision of the Court, administerthe relief provided by this Agreement by processing Claim Forms in a rational, responsive, costeffective and timely manner. The Settlement Administrator shall maintain reasonably detailedrecords of its activities under this Agreement. The Settlement Administrator shall maintain allsuch records as are required by applicable law in accordance with its normal business practicesand such records will be made available to Class Counsel and Defendants Counsel upon request.The Settlement Administrator shall also provide reports and other information to the Court as theCourt may require. The Settlement Administrator shall provide Class Counsel and DefendantsCounsel with information concerning Notice, administration and implementation of theAgreement. The Parties, upon the request of the Court and in conjunction with the SettlementAdministrator, shall submit a timely report to the Court summarizing the work performed by theSettlement Administrator, including a report of all amounts paid to Settlement Class Members onaccount of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:181. Forward to Defendants Counsel, with copies to Class Counsel andSteering Committee, all documents and other materials received in connection with theadministration of the Agreement within thirty (30) days after the date on which all Claim Formshave been finally approved or disallowed per the terms of the Agreement;2. Receive exclusions and other requests from the Settlement Class andpromptly provide a copy of such requests to Class Counsel, Steering Committee, andDefendants Counsel upon receipt. If the Settlement Administrator receives any exclusion formsor other requests from the Settlement Class after the Exclusion/Objection Deadline, theSettlement Administrator shall promptly provide copies thereof to Class Counsel andDefendants Counsel;3. Provide weekly reports to Class Counsel and Defendants Counsel,including without limitation, reports regarding the number of Claim Forms received; andmake available for inspection by Class Counsel or Defendants Counsel the Claim Forms, anydocumentation submitted in support thereof, and any correspondence received by the SettlementAdministrator at any time upon reasonable notice.B. The Settlement Administrator may reject a Claim Form, or any part of a claim fora payment reflected therein, where the Person submitting the Claim Form does not appear to be aSettlement Class Member. In addition, the Settlement Administrator shall be obliged to employreasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there isevidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form,or any portion thereof, submitted by a Settlement Class Member is an Approved Claim and shallreject Claim Forms or a portion thereof that fail to comply with the instructions thereon or theterms of this Agreement, after giving the claimant a reasonable opportunity to provide any19requested missing information but in no event shall any Settlement Class Member have morethan twenty-one (21) days after being noticed by the Settlement Administrator of any question ordeficiency in the submitted Claim Form.C. Both Defendants Counsel and Class Counsel shall have the right to challenge theacceptance or rejection of a Claim Form submitted by Settlement Class Members for any reason.The Settlement Administrator shall follow any agreed-to decisions of Defendants Counsel andClass Counsel. To the extent Defendants Counsel and Class Counsel are not able to agree on thedisposition of a challenge, the Mediator, or if Mediator is unavailable, a mutually agreed-uponneutral, shall timely decide such challenge and any fees and costs charged by the Mediator shallbe deemed to be Settlement Administration Expenses.D. The Settlement Administrator shall make all payments resulting from ApprovedClaims by check and mail them to Settlement Class Members within sixty (60) days after theEffective Date or fourteen (14) days after the final resolution of any mediated claims, whicheveris later.VII. TERMINATION OF AGREEMENTThe Class Representatives in this Action, on behalf of the Settlement Class Members, andthe Defendant, shall have the right to terminate this Agreement by providing written notice oftheir election to do so (Termination Notice) to all other Parties hereto within fourteen (14)days after: (i) the Courts refusal to grant Preliminary Approval of the Agreement in any materialrespect, (ii) receiving notification that more than seven thousand five hundred (7,500) disputedclaims have been referred to the Mediator, (iii) the Courts refusal to enter the Final Judgment inany material respect, (iv) the date upon which the Final Judgment is modified or reversed in anymaterial respect by any appellate or other court; or (v) the date upon which an Alternative20Judgment, as defined in Paragraph X.A. of this Agreement, is modified or reversed in anymaterial respect by the Court of Appeals or the Illinois Supreme Court.VIII. PRELIMINARY APPROVAL ORDER AND FINAL JUDGMENTA. Promptly after the execution of this Agreement, Class Counsel shall submit thisAgreement together with its exhibits to the Court and shall move the Court for PreliminaryApproval of the settlement set forth in this Agreement, certification of the Settlement Class forsettlement purposes only, appointment of Class Counsel and the Class Representatives, whichshall set a Fairness Hearing date and approve the Notice and Claim Form for disseminationsubstantially in the form of Exhibits A, B, C, D, E, F, and G attached hereto.B. At the time of the submission of this Agreement to the Court as described above,Class Counsel and Defendants Counsel shall request that, after Notice is given, the Court hold aFairness Hearing and approve the settlement of the Action as set forth herein.C. After Notice is given, the Parties shall request and obtain from the Court a FinalJudgment. The Final Judgment will (among other things):1. Find that the Court has personal jurisdiction over all Settlement ClassMembers and that the Court has subject matter jurisdiction to approve this Agreement, includingall attached exhibits;2. Approve the Agreement and the proposed settlement as fair, reasonableand adequate as to, and in the best interests of, the Settlement Class Members; direct the Partiesand their counsel to implement and consummate the Agreement according to its terms andconditions; and declare the Agreement to be binding on, and have res judicata and preclusiveeffect in, all pending and future lawsuits or other proceedings maintained by or on behalf ofPlaintiffs and all other Settlement Class Members and Releasing Parties;213. Find that the Notice implemented pursuant to the Agreement(a) constitutes the best practicable notice under the circumstances, (b) constitutes notice that isreasonably calculated, under the circumstances, to apprise Settlement Class Members of thependency of the Action and Related Actions, their right to object to or exclude themselves fromthis Agreement and to appear at the Fairness Hearing, (c) is reasonable and constitutes due,adequate and sufficient notice to all persons entitled to receive notice, and (d) meets allapplicable requirements of the Illinois Rules of Civil Procedure, the Due Process Clause of theUnited States Constitution and the rules of the Court;4. Find that the Class Representatives and Class Counsel adequatelyrepresented the Settlement Class for purposes of entering into and implementing the Agreement;5. Dismiss the Aliano Action on the merits and with prejudice, without feesor costs to any party except as provided in this Agreement; and direct the appropriate Plaintiffs tosimilarly dismiss the McNair Action and the Townsend Action;6. Incorporate the release set forth above, make the release effective as of thedate of the Final Judgment, and forever discharge the Released Parties as set forth herein;7. Permanently bar and enjoin all Settlement Class Members who have notbeen properly excluded from the Settlement Class from filing, commencing, prosecuting,intervening in, or participating (as class members or otherwise) in, any lawsuit or other action inany jurisdiction based on the Released Claims;8. Authorize the Parties, without further approval from the Court, to agree toand adopt such amendments, modifications and expansions of the Agreement and itsimplementing documents (including all Exhibits to this Agreement) that (a) shall be consistent in22all material respects with the Final Judgment, and (b) do not limit the rights of Settlement ClassMembers;9. Without affecting the finality of the Final Judgment for purposes ofappeal, retain jurisdiction as to all matters relating to administration, consummation, enforcementand interpretation of the Agreement and the Final Judgment, and for any other necessarypurpose; and10. Incorporate any other provisions, consistent with the material terms of thisAgreement, as the Court deems necessary and just.IX. PLAINTIFFS INCENTIVE AWARDS, THE FEE AWARD, AND COSTSA. Defendant agrees to pay from the Settlement Fund, in recognition of their effortson behalf of the Settlement Class and subject to Court approval, an incentive award in theamount of Five Thousand Dollars ($5,000.00) to each of the Class Representatives, and anincentive award in the amount of Two Thousand Five Hundred Dollars ($2,500.00) to each ofthe Named Plaintiffs. Defendant shall not object to or otherwise challenge, directly or indirectly,Class Counsels application for the incentive awards to the Class Representatives and NamedPlaintiffs. Class Counsel has, in turn, agreed to seek no more than this amount from the Court asthe incentive awards for the Class Representatives and Named Plaintiffs. Defendant shall paythe incentive awards, as determined by the Court, from the Settlement Fund within ten (10)business days after the Effective Date. Payment of the incentive awards to the ClassRepresentatives and Named Plaintiffs shall be made via check to the Class Representatives andNamed Plaintiffs to be sent care of Class Counsel within ten (10) business days after theEffective Date.23B. Class Counsel will request on behalf of Class Counsel and the SteeringCommittee, subject to Court approval, a Fee Award in an amount not to exceed Seven Hundredand Fifty Thousand Dollars ($750,000.00) in attorneys fees and for reimbursement of expensesincurred in the Actions. Defendant agrees it will not object to or otherwise challenge, directly orindirectly, Class Counsels request for a Fee Award limited to this amount. Class Counsel has, inturn, agreed to seek no more than this amount from the Court in attorneys fees and forreimbursement of expenses. Defendant shall pay to Class Counsel from the Settlement Fund theFee Award approved by the Court within ten (10) business days after the Effective Date.Payment of the Fee Award shall be made via wire transfer to an account designated by ClassCounsel after providing necessary information for electronic transfer.C. Any dispute between or among Class Counsel and the Steering Committeeregarding the division of the Fee Award shall be submitted to the Mediator for bindingresolution. The Fee Award shall be held in trust by Class Counsel pending the resolution of anydispute with the Steering Committee regarding the division of the Fee Award. The Parties agreethat no dispute between or among Class Counsel and the Steering Committee regarding thedivision of the Fee Award will delay the scheduling of the Fairness Hearing or entry of the FinalJudgment.X. CONDITIONS OF SETTLEMENT, AND EFFECT OF DISAPPROVAL,CANCELLATION OR TERMINATIONA. The Effective Date of this Agreement shall not occur unless and until each andevery one of the following events occurs, and shall be the date upon which the last (in time) ofthe following events occurs:1. This Agreement has been signed by the Parties, Class Counsel andDefendants Counsel;242. The Court has entered an order granting Preliminary Approval of theAgreement;3. The Court has entered an order finally approving the Agreement,following notice to the Settlement Class and a Fairness Hearing, and has entered the FinalJudgment, or a judgment substantially consistent with this Agreement; and4. The Final Judgment has become final by virtue of the Effective Date, asdefined above, or, in the event that the Court enters an order and final judgment in a form otherthan that provided above (Alternative Judgment) to which the Parties have consented, thatAlternative Judgment has become final by virtue of the Effective Date.B. If some or all of the conditions specified in Paragraph X.A. are not met, or in theevent that this Agreement is not approved by the Court, or the settlement set forth in thisAgreement is terminated or fails to become effective in accordance with its terms, then thisAgreement shall be canceled and terminated subject to Paragraph X.C., unless Class Counsel andDefendants Counsel mutually agree in writing to proceed with this Agreement. If any Party is inmaterial breach of the terms hereof, any other Party, provided that it is in substantial compliancewith the terms of this Agreement, may terminate this Agreement on notice to all other Parties.C. Preliminary approval of the Settlement Class shall not be deemed a concessionthat certification of a litigation class is appropriate, nor would Defendant be precluded fromchallenging class certification in further proceedings in the Actions or in any other action, if thesettlement is not finalized or finally approved. If this Agreement is terminated or fails to becomeeffective for any reason, the Parties shall be restored to their respective positions in the Actionand Related Actions as of the date of the signing of this Agreement. In such event, any FinalJudgment, certification of the Settlement Class, or other order entered by the Court in accordance25with the terms of this Agreement shall be treated as vacated and void, nunc pro tunc, and theParties shall be returned to the status quo ante with respect to the Action and Related Actions asif this Agreement had never been entered into and, pursuant to Paragraph XI.D. below, thisAgreement shall not be used for any purpose whatsoever against any of the Parties. Noagreements made by or entered into by Defendant in connection with the Settlement may be usedby the Plaintiffs, any person in the Settlement Class, or any other person to establish any of theelements of class certification in any litigated certification proceedings, whether in the Actions orany other proceeding.D. Notwithstanding anything herein, the Parties agree that the Courts failure toapprove, in whole or in part, the Fee Award to Class Counsel shall not prevent the Agreementfrom becoming effective, nor shall it be grounds for termination.XI. MISCELLANEOUS PROVISIONSA. The Parties: (1) acknowledge that it is their intent to consummate this Agreement;and (2) agree, subject to their fiduciary and other legal obligations, to cooperate to the extentreasonably necessary to effectuate and implement all terms and conditions of this Agreement andto exercise their reasonable best efforts to accomplish the foregoing terms and conditions of thisAgreement. Class Counsel and Defendants Counsel agree to cooperate with one another inseeking entry of an order granting Preliminary Approval of this Agreement and the FinalJudgment, and promptly to agree upon and execute all such other documentation as may bereasonably required to obtain final approval of the Agreement.B. Upon entry of Preliminary Approval, Defendant may issue a press releasesubstantially in the form attached hereto as Exhibit H. To the extent any Party desires to issueany further press release or other public statement related to the Actions or the Settlement, they26may only do so with the express written consent of the other Parties. No press release or otherpublic statement will include any statements disparaging any Party or suggesting that theSettlement amounts to an admission of liability or damages. The Plaintiffs, Class Counsel, andthe Steering Committee expressly agree that they will not issue any press release or other publicstatement that contradicts, expressly or implicitly, the press release attached to this Agreement asExhibit H, and further specifically agree that they will not contradict, expressly or implicitly, thestatement that Defendant has demonstrated to Plaintiffs that Templeton Rye is not a stockwhiskey sourced from a third-party and labeled Templeton Rye (as alleged in the lawsuit).The Plaintiffs, Class Representatives, Class Counsel, and the Steering Committee agree to directall press and media inquiries that they may receive to:Laura BaddishThe Baddish Group28 West 39th Street, Suite 302New York, NY 10018212-221-0051lbaddish@thebaddishgroup.comC. Notwithstanding the foregoing, nothing in this Agreement shall require any of theReleased Parties to modify, remove or recall any existing bottles of Templeton Rye whiskey thathave already been delivered to a distributor or have otherwise entered the stream of commercefor sale. Further, the Released Parties may continue to use, sell, and display for promotionalpurposes any and all Templeton Rye labeled products, merchandise signs or other advertisingmaterial, any or all of which containing the phrases Small Batch and Prohibition-Era Recipe,for a period of 12 months following the Effective Date of this Agreement. The relief providedunder Section III.A. of this Agreement relates prospectively to new Templeton Rye products andmerchandise manufactured, marketed, and sold after the Effective Date of this Agreement.27D. The Parties intend this Agreement to be a final and complete resolution of alldisputes between them with respect to the Released Claims by Plaintiffs and the SettlementClass, and each or any of them, on the one hand, against the Released Parties, and each or any ofthe Released Parties, on the other hand. Accordingly, the Parties agree not to assert in any forumthat the Action and Related Actions were brought by Plaintiffs or defended by Defendant, oreach or any of them, in bad faith or without a reasonable basis.E. The Parties have relied upon the advice and representation of counsel, selected bythem, concerning their respective legal liability for the claims hereby released. The Parties haveread and understand fully this Agreement and have been fully advised as to the legal effecthereof by counsel of their own selection and intend to be legally bound by the same.F. Whether the Effective Date occurs or this Agreement is terminated, neither thisAgreement nor the settlement contained herein, nor any act performed or document executedpursuant to or in furtherance of this Agreement or the settlement:1. Is, may be deemed, or shall be used, offered or received against theReleased Parties, or each or any of them as an admission, concession or evidence of, the validityof any Released Claims, the truth of any fact alleged by Plaintiffs, the deficiency of any defensethat has been or could have been asserted in the Actions, the violation of any law or statute, thereasonableness of the settlement amount or the Fee Award, or of any alleged wrongdoing,liability, negligence, or fault of the Released Parties, or any of them;2. Is, may be deemed, or shall be used, offered or received against Defendantas an admission, concession or evidence of any fault, misrepresentation or omission with respectto any statement or written document approved or made by the Released Parties, or any of them;283. Is, may be deemed, or shall be used, offered or received against Plaintiffsor the Settlement Class, or each or any of them as an admission, concession or evidence of, theinfirmity or strength of any claims asserted in the Actions, the truth or falsity of any fact allegedby Defendant, or the availability or lack of availability of meritorious defenses to the claimsraised in the Actions;4. Is, may be deemed, or shall be used, offered or received against theReleased Parties, or each or any of them as an admission or concession with respect to anyliability, negligence, fault or wrongdoing as against any Released Parties, in any civil, criminalor administrative proceeding in any court, administrative agency or other tribunal. However, thesettlement, this Agreement, and any acts performed and/or documents executed in furtherance ofor pursuant to this Agreement and/or settlement may be used in any proceedings as may benecessary to effectuate the provisions of this Agreement. Moreover, if this Agreement isapproved by the Court, any party or any of the Released Parties may file this Agreement and/orthe Final Judgment in any action that may be brought against such party or Parties in order tosupport a defense or counterclaim based on principles of res judicata, collateral estoppel, release,good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issuepreclusion, or similar defense or counterclaim;5. Is, may be deemed, or shall be construed against Plaintiffs and theSettlement Class, or each or any of them, or against the Released Parties, or each or any of them,as an admission or concession that the consideration to be given hereunder represents an amountequal to, less than or greater than that amount that could have or would have been recovered aftertrial; and296. Is, may be deemed, or shall be construed as or received in evidence as anadmission or concession against Plaintiffs and the Settlement Class, or each and any of them, oragainst the Released Parties, or each or any of them, that any of Plaintiffs claims are with orwithout merit or that damages recoverable in the Action or Related Actions would have exceededor would have been less than any particular amount.G. The headings used herein are used for the purpose of convenience only and arenot meant to have legal effect.H. The waiver by one Party of any breach of this Agreement by any other Party shallnot be deemed as a waiver of any other prior or subsequent breaches of this Agreement.I. All of the exhibits to this Agreement are material and integral parts hereof and arefully incorporated herein by this reference.J. This Agreement and its exhibits set forth the entire agreement and understandingof the Parties with respect to the matters set forth herein, and supersede all prior negotiations,agreements, arrangements and undertakings with respect to the matters set forth herein. Norepresentations, warranties or inducements have been made to any party concerning thisAgreement or its exhibits other than the representations, warranties and covenants contained andmemorialized in such documents. This Agreement may be amended or modified only by awritten instrument signed by or on behalf of all Parties or their respective successors-in-interest.K. Except as otherwise provided herein, each Party shall bear its own attorneys feesand costs incurred in any way related to the Action and Related Actions.L. Plaintiffs represent and warrant that they have not assigned any claim or right orinterest therein as against the Released Parties to any other Person or Party and that they are fullyentitled to release the same.30M. Each counsel or other Person executing this Agreement, any of its exhibits, or anyrelated settlement documents on behalf of any Party hereto, hereby warrants and represents thatsuch Person has the full authority to do so and has the authority to take appropriate actionrequired or permitted to be taken pursuant to the Agreement to effectuate its terms.N. This Agreement may be executed in one or more counterparts. All executedcounterparts and each of them shall be deemed to be one and the same instrument. Signature bydigital, facsimile, or in PDF format will constitute sufficient execution of this Agreement. Acomplete set of original executed counterparts shall be filed with the Court if the Court sorequests.O. The Court shall retain jurisdiction with respect to implementation andenforcement of the terms of this Agreement, and all Parties hereto submit to the jurisdiction ofthe Court for purposes of implementing and enforcing the settlement embodied in thisAgreement.P. This Agreement shall be governed by and construed in accordance with the lawsof the State of Illinois without reference to the conflicts of laws provisions thereof.Q. This Agreement is deemed to have been prepared by counsel for all Parties, as aresult of arms-length negotiations among the Parties. Whereas all Parties have contributedsubstantially and materially to the preparation of this Agreement, it shall not be construed morestrictly against one Party than another.R. Any notice, instruction, application for Court approval or application for Courtorders sought in connection with this Agreement or other document to be given by any Party toany other Party shall be in writing and delivered personally or sent by registered or certifiedmail, postage prepaid, if to Defendant to the attention of Defendants Counsel of record, or if to31Plaintiffs or the Settlement Class to Class Counsel, or to other recipients as the Court mayspecify.All notices to the Parties or counsel required by this Agreement shall be made in writingand communicated by mail and e-mail to the following addresses:If to Plaintiffs or Class Counsel:Thomas A. Zimmerman, Jr.ZIMMERMAN LAWOFFICES, PC77 West Washington StreetSuite 1220Chicago, Illinois 60602tom@attorneyzim.comIf to Defendants Counsel:Simon FleischmannLOCKE LORD LLP111 South Wacker DriveChicago, Illinois 60606sfleischmann@lockelord.comIN WITNESS WHEREOF, each of the Parties hereto has caused this Agreement to beexecuted on its behalf by its duly authorized counsel of record, all as of the day set forth below.[SIGNATURES APPEAR ON FOLLOWING PAGE]34EXHIBIT AAliano, et al. v. Templeton Rye Spirits, LLCCLAIM FORMPage 1INSTRUCTIONS:1. To be eligible for monetary relief, you must complete this Claim Form and return it to the Settlement Administratorpostmarked on or before [filing date] at: Templeton Rye Settlement, c/o Dahl Administration, P.O. Box 3614,Minneapolis, MN55403-0614 or fill in the online version of this formno later than [filing date] atwww.TempletonRyeSettlement.com.2. Your completed Claim Form must include your full name and address, complete responses to the appropriatepurchase questions, copies of your proof of purchase documents if you have them, and your signature.3. Only one claim may be submitted per household. The maximum payment for a valid claim is $36, subject to apossible reduction if a large number of claims are filed.4. Do not file a claim for bottles of Templeton Rye that were purchased and later resold. These purchases are noteligible for a claim.5. If you submit a valid claim form and the Court grants final approval to the Settlement, a check will be mailed to theaddress you supply on your Claim Form. If your address changes before you receive payment, you must notify theSettlement Administrator by e-mail at mail@TempletonRyeSettlement, by mail at Templeton Rye Settlement, c/o DahlAdministration, P.O. Box 3614, Minneapolis, MN 55403-0614, or by phone at 1-888-745-2747.6. If you have questions, visit www.TempletonRyeSettlement.com or contact the Settlement Administrator at 1-888-745-2747.For each bottle of Templeton Rye that you purchased between January 1, 2006 and [date]up to six bottlesyou areentitled to a payment of $6 if you submit proof of purchase, or $3 if you do not submit proof of purchase. For each drinkcontaining Templeton Ryeup to five drinksthat you purchased at a retail establishment between January 1, 2006 and[date], you are entitled to a payment of $1.CLAIMANT INFORMATION:Class Member Name (if Individual):Last Name of Class Member First Name Middle InitialClass Member Name (if Company):Current Mailing Address of Class MemberCity State Zip CodePhone Number Aliano, et al. v. Templeton Rye Spirits, LLCCLAIM FORMPage 2PURCHASE INFORMATION:1. I purchased _____ (check appropriate number below)bottles of Templeton Rye between January 1, 2006and [date]: 0 1 2 3 4 5 6 or moreIdentify the State(s) in which you purchased bottles ofTempleton Rye:____________________________________________________________________________________________________________________________________________________________________________________________________________________________2. I have attached proof[s] of purchase (such as a receipt, credit card statement, or a label with a UPC code) to thisClaim Form for _____ (check appropriate number below) bottles of Templeton Rye that I purchased between January1, 2006 and [date]: 0 1 2 3 4 5 6 or more3. I purchased _____ (check appropriate number below)drinks containing Templeton Rye on premise at aretail establishment (such as a bar or restaurant)between January 1, 2006 and [date]: 0 1 2 3 4 5 or moreIdentify the State(s) in which you purchased drinkscontaining Templeton Rye:____________________________________________________________________________________________________________________________________________________________________________________________________________________________CLAIM AFFIRMATION:By signing this Claim Form I affirm, under penalty of perjury, that I purchased Templeton Rye between January 1, 2006and [date], and that all information provided on this claim form is true and correct to the best of my knowledge and belief.Signature of Claimant or Representative (if Company) Date/ /EXHIBIT BFROM: Templeton Rye Whiskey Settlement AdministratorTO: [Class Member Email Address]RE: Alianov. TempletonRyeSpiritsNoticeof ClassActionSettlementThis Notice is being sent to: CLASS MEMBER NAMECLAIMANT ID: CLAIMANTIDIf you purchased Templeton Rye whiskey from January 1, 2006 to [date], you may be entitled to a paymentfrom a class action settlement. To learn more, read this email and visit www.TempletonRyeSettlement.com.LEGAL NOTICE: Your legal rights may be affected. Read this Notice carefully. The Circuit Court of CookCounty, Illinois authorized this Notice after it preliminarily approved a Class Action Settlement in the case of Alianoet al. v. Templeton Rye Spirits, LLC, Case No. 2014-CH-15667.Why You Are Receiving This NoticeYou are receiving this Notice because Templeton Ryes records indicate you may be a Class Member eligible torecover under the Settlement. The plaintiff alleges that Defendant Templeton Rye Spirits, LLC engaged in deceptivemarketing and charged premium prices by, among other things, failing to adequately disclose that its product wasdistilled in the State of Indiana. Defendant denies all allegations of wrongdoing.The parties agree that TempletonRye is not a stock whiskey sourced from a third-party and labeled Templeton Rye. The Defendant is settling toavoid the expense, inconvenience, and inherent risk and disruption of litigation. Plaintiffs and their attorneys believethat the Settlement is in the best interests of the Settlement Class because it provides an appropriate recovery forSettlement Class Members now while avoiding the risk, expense, and delay of pursuing the case through trial andany appeals.All Settlement information, including Settlement terms and instructions on how to file a claim,opt-out, and/or object to this Settlement, can be found at www.TempletonRyeSettlement.com.Who Is Included?The Settlement Class includes all individuals and businesses in the United States who, between January 1, 2006 and[date], purchased bottles of Templeton Rye whiskey or purchased alcoholic beverages containing Templeton Ryewhiskey.What Does The Settlement Provide?The Settlement will provide up to $2,500,000 to pay valid claims submitted by Class Members, the costs of sendingnotice to the Class and administering the settlement, attorneys fees not to exceed $750,000 and incentive awards toClass Representatives in the amount of $5,000 each and to Named Plaintiffs in the amount of $2,500 each.Additionally, Defendant will modify the front panel of the Templeton Rye whiskey label to remove the phrasesSmall Batch and Prohibition-Era Recipe and will add a disclosure that the product is distilled in the state ofIndiana to the back panel of the label. Defendant will not use the phrases Small Batch and Prohibition-EraRecipe on its website or on any marketing materials.How To Get A PaymentIf you qualify, you can submit your claim online at Templeton Rye Online Claim or you can print a paper ClaimForm online at Full Notice and Claim Form.If you have proof of your purchase, you may receive $6 for each bottle of Templeton Rye whiskey that youpurchased up to six (6) bottles; if you do not have proof of your purchase, you may receive $3 for each bottle ofTempleton Rye whiskey that you purchased up to six (6) bottles; and/or you may receive $1 for each alcoholicbeverage containing Templeton Rye whiskey that you purchased up to five (5) alcoholic drinks, or any combinationthereof, subject to a maximum recovery of $36 per claim and limited to one claim per household.To receive a monetary award, you must submit a Claim Form by [filing date].Your Other OptionsIf you do not want to be legally bound by the Settlement, you must exclude yourself by [opt out date]. If youexclude yourself, you will not be eligible for the monetary relief offered by the Settlement.If you do not excludeyourself, you will release your claims against Defendant for the allegations covered by this Settlement, but you willalso remain eligible to file a claim for monetary benefits.If you do not exclude yourself from the Settlement Class, you may object to the Settlement if you do not agree withany or all of its terms.You must file your objection in writing with the Court and the attorneys for the parties by[objection date]. The Settlement Website, www.TempletonRyeSettlement.com, contains detailed informationabout how to exclude yourself from the Settlement Class or object to the Settlement.HearingThe Court will hold a Fairness Hearing on [hearing date] at [time], before the Honorable Rodolfo Garcia located atthe Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois, 60602 in Courtroom 2601, to considerwhether to approve the Settlement, including the requests for attorneys fees and incentive awards for the ClassRepresentatives and Named Plaintiffs.You may appear at the hearing, either yourself or through an attorney hired by you, but you dont have to. The Courthas appointed Thomas A. Zimmerman, Jr. of Zimmerman Law Offices, PC and Ari J. Scharg of Edelson PC as ClassCounsel. You will not be charged for these lawyers.More InformationThis Notice is a summary. To read a more detailed description of the terms of the proposed Settlement, the fullNotice and the proposed Settlement Agreement, which more fully describes your rights, visitwww.TempletonRyeSettlement.com or call 1-888-745-2747 to request that a full Notice be mailed to you. Do notcontact either the Court or Templeton Rye about this Settlement.You may also contact the attorneys for the Class: Thomas A. Zimmerman, Jr. of Zimmerman Law Offices, PC andAri J. Scharg of Edelson PC by calling [insert TFN].DO NOT DELAY: All Claim Forms must be submitted online by 11:59 p.m. Central Time on [filing date] orpostmarked no later than [filing date].EXHIBIT CCOURT AUTHORIZEDNOTICE OF PROPOSED CLASS ACTIONSETTLEMENTA court authorized this notice. This is nota solicitation from a lawyer.IF YOU PURCHASED TEMPLETON RYEWHISKEY FROM JANUARY 1, 2006 TO[DATE], PLEASE READ THIS NOTICECAREFULLY AS YOU MAY BE ENTITLEDTO A PAYMENT FROM A CLASS ACTIONSETTLEMENT.TEMPLETON RYE WHISKEY SETTLEMENTC/O DAHL ADMINISTRATIONPO BOX 3614MINNEAPOLIS MN 55403-0614[CLAIMANT ID BARCODE]Postal /service: Please do not mark barcode.Notice ID: [ClaimantID][NAME][ADDR1][ADDR2][CITY] [ST] [ZIP] [COUNTRY]Aliano et al. v. Templeton Rye Spirits, LLC, Case No. 2014-CH-15667 (Cir. Ct. Cook Cnty., Ill.)COURT APPROVED LEGAL NOTICEWhat is this Notice about? A Settlement has been reached in a class action lawsuit against Templeton Rye Spirits, LLC (Templeton). Thelawsuit alleges that Templeton engaged in deceptive marketing and charged premium prices by stating that its whiskey was small batch andmade in Iowa. Defendant denies all allegations of wrongdoing. The parties agree that Templeton Rye is not a stock whiskey sourced from athird-party and labeled Templeton Rye. The sole purpose of this notice is to inform you that, if you are a member of the Settlement Class, youmust decide whether to participate in the Settlement or take other action including filing a claim for benefits, as described in this Notice.Who is included? The Settlement Class includes all individuals and businesses in the United States who, between January 1, 2006 and [date],purchased bottles of Templeton Rye whiskey or purchased alcoholic beverages containing Templeton Rye whiskey.What does the settlement provide? The Settlement will provide up to $2,500,000 to pay valid claims submitted by Class Members, the costsof sending notice to the Class and administering the settlement, attorneys fees and incentive awards for Class Representatives and NamedPlaintiffs.Additionally, Defendant will modify the front panel of the Templeton Rye whiskey label to remove the phrases Small Batch andProhibition-Era Recipe and will add a disclosure that the product is distilled in the state of Indiana to the back panel of the label. Defendantwill not use the phrases Small Batch and Prohibition-Era Recipe on its website or on any marketing materials.How to get a payment. If you qualify, you can submit your claim online at www.TempletonRyeSettlement.com or request a paper claim form bycalling 1-888-745-2747. If you have proof of your purchase, you may receive $6 for each bottle of Templeton Rye whiskey that you purchasedup to six (6) bottles; if you do not have proof of your purchase, you may receive $3 for each bottle of Templeton Rye whiskey that youpurchased up to six (6) bottles; and/or you may receive $1 for each alcoholic beverage containing Templeton Rye whiskey that you purchasedup to five (5) alcoholic drinks, or any combination thereof, subject to a maximum recovery of $36 per claim and limited to one claim perhousehold. The claim deadline is [filing date].Your other options. If you do not want to be legally bound by the Settlement, you must exclude yourself by [opt out date].If you excludeyourself, you will not be eligible for the monetary relief offered by the Settlement. If you do not exclude yourself, you will release your claimsagainst Defendant. If you do not exclude yourself from the Settlement Class, you may object to the Settlement if you do not agree with any orall of its terms.You must file your objection in writing with the Court and the attorneys for the parties by [objection date].The SettlementWebsite, www.TempletonRyeSettlement.com, contains detailed information about how to exclude yourself from or object to the Settlement.Hearing. The Court will hold a Fairness Hearing on [hearing date] at [time] to consider whether to approve the Settlement, including therequests for attorneys fees and incentive awards for the Class Representatives and Named Plaintiffs. You may appear at the hearing, eitheryourself or through an attorney hired by you, but you dont have to.More Information. This Notice is a summary. To read a more detailed description of the terms of the proposed Settlement, the full Notice andthe proposed Settlement Agreement, which more fully describes your rights, visit www.TempletonRyeSettlement.com or call 1-888-745-2747.FIRSTCLASSPRESORTPOSTAGEINDICIAEXHIBIT DEXHIBIT EALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comMario Aliano and Due Fratelli, Inc. v. Templeton Rye Spirits, LLCCircuit Court of Cook County, Illinois, County Department, Chancery Division; Case No. 2014-CH-15667HOMEWelcome to the Templeton Rye Settlement WebsiteA class action settlement (Settlement) involving Templeton Rye Spirits, LLC(Templeton Rye) has been reached and received preliminary approval in the CircuitCourt of Cook County, Illinois, County Department, Chancery Division, on [DATE].The lawsuit alleges that Defendant Templeton Rye engaged in deceptive marketing andcharged premium prices by stating that its whiskey was small batch and made inIowa. Defendant denies all allegations of wrongdoing.Defendant has demonstrated toPlaintiffs that Templeton Rye is not a stock whiskey sourced from a third-party andlabeled Templeton Rye as alleged in the lawsuit.The Settlement Class includes all individuals and businesses in the United States who,between January 1, 2006 and [DATE] (Class Period), purchased bottles of TempletonRye whiskey or purchased alcoholic beverages containing Templeton Rye whiskey. ClassMembers who submit valid claims are entitled to receive a cash payment for eligibleTempleton Rye whiskey or alcoholic beverage purchases containing Templeton Ryewhiskey made during the Class Period. Visit the Frequently Asked Questions for moreinformation on how to file a claim and about the monetary relief available from thisSettlement. Claims must be filed online or postmarked for mail by [DATE].If you qualify you may be submit a Claim Form to receive monetary settlement relief ifthe Court awards final Settlement approval, exclude yourself from the Settlement Class,object to the Settlement, appear at the Fairness Hearing, or do nothing. Please reviewthe Frequently Asked Questions for more information about these options.The Court will hold a Fairness Hearing on [DATE] to consider whether to approve theSettlement. Monetary relief cannot be distributed to eligible Class Members who submitvalid and timely claims until after final settlement approval is received from the Court.We do not know how long this decision may take.To learn more about the lawsuit you should view the Long Form Notice, SettlementDocuments and answers to the Frequently Asked Questions provided on this website.HOMEImportantDatesFrequentlyAskedQuestionsFile A ClaimSettlementDocumentsContact UsProcessed byCLICK HERE TO SUBMIT AN ONLINE CLAIMALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comIMPORTANT DATESHomeIMPORTANTDATESFrequentlyAskedQuestionsFile A ClaimSettlementDocumentsContact UsProcessed ByDATEDATEDATEDATEDATEDATEPRELIMINARY APPROVAL ORDER ENTEREDNOTICE ISSUED TO CLASS MEMBERSEXCLUSION REQUEST DEADLINEPostmark DeadlineOBJECTION DEADLINEPostmark DeadlineCLAIM FILING DEADLINEPostmark or On-Line Submission DeadlineFAIRNESS HEARINGTIMEALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comFREQUENTLY ASKED QUESTIONSFollowing is a list of frequently asked questions about the settlement. To view theanswer to a question, please click on the question from the list below. The answers tothese questions willbe updated periodically to reflect the current status of thesettlement.FREQUENTLY ASKED QUESTIONSHomeImportantDatesFREQUENTLYASKEDQUESTIONSFile A ClaimSettlementDocumentsContact UsProcessed By1. What is this Notice I received and why should I read it?2. What is a class action lawsuit and what is this lawsuit about?3. Is Templeton Rye a stock whiskey?4. Why is there a settlement?5. Who is included in the Settlement?6. What does the Settlement provide?7. Who represents the Settlement Class?8. How can I exclude myself from the Settlement Class?9. How can I tell the Court what I think about the Settlement?10. What is the effect of final approval of the Settlement?11. When and where will the Court hold a hearing on the fairness of theSettlement?12. Do I have to come to the Fairness Hearing? May I speak at the hearing?13. How do I receive the Settlement Benefits?14. What happens if I do nothing at all?15. Where can I get additional information?ALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.com1. What is this Notice I received and why should I read it?The notice was mailed to you to inform you of the settlement of a class action lawsuit in the case captionedAliano et al. v. Templeton Rye Spirits, LLC, Case No. 2014-CH-15667 (Cir. Ct. Cook County, Ill.) (the Action),brought on behalf of the Settlement Class, and pending in the Circuit Court of Cook County, Illinois, CountyDepartment, Chancery Division. You do not need to live in Illinois to get a benefit under the Settlement, butyou must live in the United States or one of its territories.The Notice describes the Settlement. Please read it carefully to determine whether you wish to participatein the Settlement. Your rights and optionsand the deadlines to exercise themare explained in thisNotice. Your legal rights are affected regardless of whether you act.The Court has granted preliminary approval of the Settlement and has set a final fairness hearing to takeplace on [DATE] at [TIME] at the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602to determine if the Settlement is fair, reasonable and adequate, and to consider the request by ClassCounsel for attorneys fees, expenses, and Incentive Awards for the Class Representatives and NamedPlaintiffs.2. What is a class action lawsuit and what is this lawsuit about?A class action is a lawsuit in which one or more Plaintiffsin this case, Plaintiffs Mario Aliano and DueFratelli, Inc. (collectively, Plaintiffs)sue on behalf of themselves and other people who allegedly havesimilar claims. Here, Plaintiffs filed a class action complaint against Defendant Templeton Rye Spirits, LLC(Templeton Rye or Defendant) in the Circuit Court of Cook County, Illinois, on behalf of a proposedclass of purchasers of Templeton Rye whiskey, alleging that Defendant engaged in deceptive marketing andcharged premium prices by stating that its whiskey was small batch and made in Iowa. Templeton Ryedenies any wrongdoing, and it has demonstrated to the Plaintiffs that Templeton Rye whiskey is not astock whiskey that is simply purchased from a third party and poured into a bottle for sale.Although Defendant denies Plaintiffs claims of wrongdoing, the Parties have agreed to settle the lawsuit byentering into a written settlementagreemententitled Class Action SettlementAgreement (theAgreement or Settlement). The individuals on whose behalf the Settlement has been made are calledSettlement Class Members. The individuals who make up the Settlement Class (i.e., the Settlement ClassMembers) are described in FAQ4.The Agreement was preliminarily approved by the Court on [DATE]. Nevertheless, because the Settlementof a class action determines the rights of all members of the proposed class, the Court has ordered thatnotice to be sent to the Settlement Class and is required to hold whats known as a fairness hearing todetermine whether final approval may be granted to the Settlement, before it can take effect.The Court has conditionally certified the Settlement Class for settlement purposes, so that Settlement ClassMembers could be mailed notice and given the opportunity to exclude themselves from the SettlementClass, voice their support or opposition to the Settlement, and explain how those who do not excludethemselves from the Settlement Class may submit a Claim Form to get a payment offered by theALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comSettlement. If the Settlement is not granted final approval by the Court, or the Parties terminate it, theSettlement will be void, and the lawsuit will continue as if there had been no Settlement and nocertification of the Settlement Class.3. Is Templeton Rye a stock whiskey?No!Templeton Rye is a unique product made up of several ingredients that are combined in Templeton,Iowa.4. Why is there a Settlement?The Court has not decided in favor of either side in the case. The Defendant denies all allegations ofwrongdoing or liability against it and claims that its conduct was lawful. The parties agree that TempletonRye is not a stock whiskey that is simply labeled Templeton Rye. The Defendant is settling to avoidthe expense, inconvenience, and inherent risk and disruption of litigation. Plaintiffs and their attorneysbelieve that the Settlement is in the best interests of the Settlement Class because it provides anappropriate recovery for Settlement Class Members now while avoiding the risk, expense, and delay ofpursuing the case through trial and any appeals.5. Who is included in the Settlement?The Settlement Class includes all individuals and businesses in the United States who, between January 1,2006 and [DATE] purchased bottles of Templeton Rye whiskey or purchased alcoholic beverages containingTempleton Rye whiskey.6. What does the Settlement provide?Monetary Relief. Defendant has agreed to create a Settlement Fund in the amount of Two Million FiveHundred Thousand Dollars ($2,500,000.00) from which Settlement Class Members can Submit A Claim forany or all of the below options, limited to one Claim Form per household:Proof of Purchase. Settlement Class Members who submit a Claim Form along with proof(s) ofpurchase shall be entitled to receive a cash payment of Six Dollars ($6.00) for each bottle ofTempleton Rye that they purchased, subject to a maximum of six (6) bottles per Class Member.Proof of purchase means any written documentation, such as an itemized sales receipt, credit cardstatement, or UPC from a Templeton Rye bottle, evidencing the purchase of Templeton Rye.Without Proof of Purchase. Settlement Class Members who submit a Claim Form without proof(s)of purchase shall be entitled to receive a cash payment of Three Dollars ($3.00) for each bottle ofTempleton Rye that they purchased, subject to a maximum of six (6) bottles per Class member.On Premise Purchase. Settlement Class Members who submit a Claim Form shall be entitled toreceive a cash payment of One Dollar ($1.00) for each alcoholic beverage containing Templeton Ryethat they purchased on premise at a retail establishment (such as a bar or restaurant), subject to acap of five (5) drinks.ALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comIf you are a member of the Settlement Class (as defined in FAQ4), and you choose to stay in the SettlementClass, you can submit a Claim Form to receive a cash payment.Process. To be eligible for a cash payment under the Settlement, a Settlement Class Member mustcomplete and submit a Claim Form with the following information: (i) their full name and address, (ii) theirphone number, and (iii) the State(s) in which they made their Templeton Rye whiskey purchase(s).You can File an Online Claim Form or Download a Claim Form to submit by mail. You can also obtain a ClaimForm by writing to the Settlement Administrator at Templeton Rye Whiskey Settlement,c/o DahlAdministration, PO Box 3614, Minneapolis, MN 55403-0614 or calling toll-free 1-888-745-2747. Your ClaimForm must be postmarked or submitted online by [DATE].Defendant has also agreed to pay from the Settlement Fund, Class Counsels attorneys fees and expenses,and Incentive Awards to each Class Representative and Named Plaintiff.Prospective Relief. As part of the Settlement, Defendant agrees to make the following changes in itslabeling and marketing of Templeton Rye.Label Changes. Defendant shall (a) modify the front panel of the label for Templeton Rye byremoving the phrases Small Batch and Prohibition-Era Recipe; and (b) modify the back panel ofthe label for Templeton Rye by disclosing that the product is distilled in the state of Indiana.Website and Marketing. Defendant shall not use the phrases Small Batch and Prohibition-EraRecipe on its website or on any marketing materials.7. Who represents the Settlement Class?A. Class Representative. For purposes of the Settlement, the Court has appointed Plaintiffs MarioAliano and Due Fratelli, Inc. to serve as the Class Representatives.B. Settlement Class Counsel. The Court has approved the appointment of Thomas A. Zimmerman, Jr.of Zimmerman Law Offices, PC and Ari J. Scharg of Edelson PC as Class Counsel. Randy J. Wilharber ofPeddicord Wharton LLP and Matthew Preston of Brady, Preston, Brown, PC serve as Steering CommitteeCounsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, youmay hire one at your own expense.From the beginning of the case, neither Class Counsel nor Steering Committee Counsel have received anypayment for their services in prosecuting the case or obtaining the Settlement, nor have they beenreimbursed for any out-of-pocket expenses they have incurred. Defendant has agreed to pay and ClassCounsel will request from the Court an award of attorneys fees and actual expenses (including their courtcosts) in a total amount not to exceed seven hundred and fifty thousand dollars ($750,000). If the Courtapproves the application for attorneys fees, the award will be paid by Defendant. The Settlement ClassMembers will not have to pay anything toward the fees or expenses of Class Counsel.8. How can I exclude myself from the Settlement Class?ALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comYou can get out of the Settlement Class by excluding yourself. If you exclude yourself, you wont be ableto submit a Claim Form, and you wont be allowed to receive any of the relief offered by the Settlement(other than the prospective relief which applies to everyone). If you exclude yourself from the SettlementClass, you can pursue whatever legal rights you may have in any separate proceeding if you choose to doso, but you will have to do so at your own expense.To exclude yourself from the Settlement Class, you must send a letter to the Settlement Administratorsaying that you want to be excluded from the Settlement Class in Aliano et al. v. Templeton Rye Spirits,LLC, Case No. 2014-CH-15667. Your Request for Exclusion must include your name and address and bephysically signed by you with a statement to the effect that: I/We hereby request to be excluded fromthe proposed Settlement Class in Aliano et al. v. Templeton Rye Spirits, LLC.Your Request for Exclusion must be postmarked no later than [DATE], and sent to the SettlementAdministrator at the following address:TEMPLETON RYE WHISKEY SETTLEMENTC/O DAHL ADMINISTRATIONPO BOX 3614MINNEAPOLIS MN 55403-0614A Request for Exclusion that does not include all of the above information, that is sent to an address otherthan the one listed above, or that is not received on time, will not be valid and the person(s) asking to beexcluded will be considered a member of the Settlement Class, and will be bound as a Settlement ClassMember.If you elect to exclude yourself, you will (i) not have any rights as a member of the Settlement Classpursuant to the Agreement, (ii) not be able to receive any Settlement Benefit as provided in theAgreement, (iii) not be bound by any further orders or judgments in this case, and (iv) not be entitled toobject to any aspect of the Settlement Agreement. If you proceed on an individual basis, you mightreceive more, or less, of a benefit than you would otherwise receive under the Agreement, or no benefitat all.9. How can I tell the Court what I think about the Settlement?If you do not exclude yourself from the Settlement Class, you or your attorney can comment in support ofor in opposition to the Settlement and have the right to appear before the Court to do so. Your objection toor comment on the Settlement must be submitted in writing by [DATE] and must be sent to the Court andeither of the attorneys for the Parties at the addresses below:Clerk of the Court:Clerk of the Circuit CourtRichard J. Daley Center, Room 100150 West Washington StreetChicago, Illinois 60602- and either -ALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comSettlement Class Counsel: Templeton Ryes Counsel:Thomas A. Zimmerman, Jr. - or - Simon FleischmannZIMMERMAN LAWOFFICES, P.C. LOCKE LORD LLP77 West Washington Street, Suite 1220 111 South Wacker DriveChicago, IL 60602 Chicago, IL 60606The objection or comment must be in writing and include the case name Aliano et al. v. Templeton RyeSpirits, LLC, Case No. 2014-CH-15667, and: (a) the Settlement Class Members full name, address, andtelephone number; (b) a signed statement under penalty of perjury that the following information is trueand correct to the best of the Settlement Class Members knowledge and belief: the Settlement ClassMember purchased either a bottle of Templeton Rye, or a drink containing Templeton Rye on premise at aretail establishment, on or after January 1, 2006; (c) the specific grounds for the objection; (d) alldocuments or writings that the Settlement Class Member desires the Court to consider; (e) the name andcontact information of any and all attorneys representing, advising, or in any way assisting the SettlementClass Member in connection with the preparation or submission of the objection or who may profit fromthe pursuit of the objection; and (f) a notice of intention to appear at the Fairness Hearing (if any). TheCourt will consider all properly filed comments from Settlement Class Members.If you do not submit a written comment on the Settlement or the application of Class Counsel for IncentiveAwards and attorneys fees and expenses in accordance with the deadline and procedure set forth above,and you are not granted relief by the Court, you will waive your right to be heard at the Fairness Hearing.If you do not object as described above, and you do not exclude yourself from the Settlement Class, youwill be deemed to have consented to the Courts certification of, and jurisdiction over, the SettlementClass, and, if the Settlement is granted final approval, to have released the Released Claims as defined inthe Settlement Agreement.10. What is the effect of final approval of the Settlement?If the Court grants final approval to the Settlement, the Court will enter a final order and judgment anddismiss the case against the Defendant. Claim Forms and payments under the Settlement will then beprocessed and distributed. The release by Settlement Class Members will also take effect. All members ofthe Settlement Class will release, acquit and forever discharge the Defendant and each of the ReleasedParties from any and all Released Claims (as defined in the Settlement Agreement). Please refer to SectionIV of the Settlement Agreement for a full description of the claims and persons that will be released uponfinal approval of the Settlement.Whether you consider the Settlement favorable or unfavorable, any and all members of the SettlementClass who do not exclude themselves from the Settlement Class will not be permitted to continue to assertReleased Claims in any other litigation against the Defendant or other persons and entities covered by theRelease. You can view a copy of the Settlement Agreement on this website, obtain it from the Clerk of theCourt, or by writing to the Settlement Administrator at Templeton Rye Whiskey Settlement, c/o DahlAdministration, PO Box 3614, Minneapolis, Minnesota 55403-0614. If you do not wish to be a SettlementClass Member, you must exclude yourself from the Settlement Class (FAQ7).ALIANO V TEMPLETON RYE SETTLEMENTWEBSITE CONTENTAPRIL 9, 2015www.TempletonRyeSettlement.comIf the Settlement is not approved, the case will proceed as if no settlement had been attempted or reached.There can be no assurance that if the Settlement is not approved and the case resumes, the SettlementClass will recover more than is provided for under the Settlement Agreement, or will recover anything atall.11. When and where will the Court hold a hearing on the fairness of the Settlement?A Fairn