OPT-OUT ELECTION FORM
You are receiving this opt-out election form (this “Opt-Out Election Form”) because you are or may be a Holder of one or more Claims or Interests in Classes 1, 2, 5, 6, 7A or 7B under the Combined Disclosure Statement and Chapter 11 Plan of Near Intelligence, Inc. and Its Affiliated Debtors [Docket No. 22] (as amended, supplemented or otherwise modified from time to time, according to its terms, the “Combined Disclosure Statement and Plan”).1 Holders in Classes 1 and 2 will be paid in full under the Combined Disclosure Statement Plan and are therefore deemed to accept the Combined Disclosure Statement and Plan. Holders in Classes 5, 6, 7A and 7B are not entitled to any recovery under the Combined Disclosure Statement and Plan and are therefore deemed to reject the Combined Disclosure Statement and Plan. Therefore, you will not be receiving a ballot to vote on the Combined Disclosure Statement and Plan.
As of the Effective Date of the Combined Disclosure Statement and Plan, certain release, injunction and exculpation provisions set forth in the Combined Disclosure Statement and Plan will become effective, including a release by holders of Claims and Interests as set forth in Section XIV of the Combined Disclosure Statement and Plan (the “Third-Party Release”). These provisions are attached as Schedule A to this form. You may choose to opt out of the Third-Party Release set forth in Section XIV of the Combined Disclosure Statement and Plan by following the instructions set forth in this Opt-Out Election Form.
IF YOU WISH TO OPT OUT OF THE THIRD-PARTY RELEASE SET FORTH IN SECTION XIV OF THE COMBINED DISCLOSURE STATEMENT AND PLAN:
(1) PLEASE COMPLETE, SIGN, AND DATE THIS OPT-OUT ELECTION FORM AND RETURN IT TO KROLL RESTRUCTURING ADMINISTRATION LLC (“KROLL” OR THE “VOTING AGENT”) IN THE PREPAID, PRE-ADDRESSED BUSINESS REPLY ENVELOPE PROVIDED OR BY FIRST-CLASS MAIL, OVERNIGHT COURIER OR HAND DELIVERY TO:
Near Intelligence Inc. Ballot Processing Center
c/o Kroll Restructuring Administration LLC
850 Third Avenue, Suite 412
Brooklyn, NY 11232
(to arrange hand delivery of your Opt-Out Election Form, please send an email to NearInfo@ra.kroll.com at least 24 hours before arrival at the Kroll address above and provide the expected date and time of delivery)
OR
(2) SUBMIT YOUR CUSTOMIZED, ELECTRONIC OPT-OUT ELECTION FORM VIA THE VOTING AGENT’S ONLINE PORTAL AS FOLLOWS:
Please visit the Debtors’ restructuring website at
https://cases.ra.kroll.com/near/. Click on the “Submit E-Ballot” section of the website and follow the directions to submit the electronic version of your Opt-Out Election Form. If you choose to submit your Opt-Out Election Form via the Voting Agent’s online E-Ballot portal, you should not also return a hard copy of your Opt-Out Election Form.
IMPORTANT NOTE: You will need the following information to retrieve and submit the customized electronic version of your Opt-Out Election Form:
Unique Opt-Out ID#: ___________________________