|1.||An OEM requested clarification regarding the meanings of the terms "Consenting OEM" and "non-Consenting OEM" for purposes of the Special Master's proposed allocation for the OEM Restitution Fund.|
The term "Consenting OEM", as used in the Special Master's proposed allocation for the OEM Restitution Fund, refers to an OEM that, in a written agreement between certain OEMs (the "Consenting OEM Agreement"), has already agreed (or will agree by the Chapter 11 Plan's effective date) to, among other things, the allocation of the OEM Restitution Fund that the Special Master has proposed in his Request for Approval of Proposed Notice Program for Proposed OEM Allocation Protocol. A "non-Consenting OEM" is an OEM that has not entered into the Consenting OEM Agreement. The full definition of "Consenting OEM" under the Chapter 11 Plan is available here.
|2.||An OEM requested clarification regarding the procedures for filing an objection to the allocation plan for the OEM Restitution Fund, and the consequences for failing to file a timely objection.|
If a non-Consenting OEM does not object to the allocation plan for the OEM Restitution Fund by December 20, 2017, they will be deemed to have consented to the allocation plan. An objection to the allocation plan may be sent by email or letter to the Special Master or to the Court (attn.: Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Room 238 Detroit, MI 48226). An objection will not disqualify a non-Consenting OEM from receiving a distribution from the OEM Restitution Fund. After considering any objections, the Special Master will submit an allocation for the OEM Restitution Fund for final approval by the Court in January 2018.