Common use of Exclusion from the Class Clause in Contracts

Exclusion from the Class. Any member of the Class who wishes to exclude himself, herself or itself from the Class must request exclusion in writing within the time and in the manner set forth in the Notice, which shall provide that: (a) any such request for exclusion from the Class must be mailed or delivered such that it is received no later than twenty-one (21) calendar days prior to the Settlement Hearing, to: In re HeartWare International, Inc. Securities Litigation, EXCLUSIONS, c/o Analytics Consulting, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇- 2003, and (b) each request for exclusion must (i) state the name, address, and telephone number of the person or entity requesting exclusion, and in the case of entities, the name and telephone number of the appropriate contact person; (ii) state that such person or entity “requests exclusion from the Class in In re HeartWare International, Inc. Securities Litigation, Master File No. 1:16- cv-00520”; (iii) state the number of HeartWare common stock that the person or entity requesting exclusion (A) owned as of the opening of trading on June 10, 2014 and

Exclusion from the Class. Any member of the Class who wishes to exclude himself, herself herself, themselves, or itself from the Class must request exclusion in writing within the time and in the manner set forth in the Notice, which shall provide that: (a) any such request for exclusion from the Class must be mailed or delivered such that it is received no later than twenty-one (21) calendar days prior to the Settlement Hearing, to: In re HeartWare InternationalAcuity Brands, Inc. Securities Litigation, EXCLUSIONS, c/o Analytics ConsultingStrategic Claims Services, ▇.▇. ▇▇▇ ▇▇▇▇, . ▇▇▇▇▇▇▇▇▇▇▇ Street, ▇▇ ▇▇▇▇▇- 2003Suite 205, Media, PA 19063, and (b) each request for exclusion must must: (i) state the name, address, and telephone number of the person or entity requesting exclusion, and in the case of entities, the name and telephone number of the appropriate contact person; (ii) state that such person or entity “requests exclusion from the Class in In re HeartWare InternationalAcuity Brands, Inc. Securities Litigation, Master File Case No. 1:16- cv-005201:18-cv-02140-MHC (N.D. Ga.)”; (iii) state the number of HeartWare shares of Acuity common stock that the person or entity requesting exclusion (A) owned as of the opening of trading on June 10October 7, 2014 and2015,