UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) CLASS ACTION PROOF OF CLAIM AND RELEASE
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1 UITED STATES DISTRICT COURT DISTRICT OF COECTICUT In re UITED RETALS, IC. SECURITIES LITIGATIO This Document Relates To: ALL ACTIOS. Master File o. 3:04-cv-1615(CFD CLASS ACTIO PROOF OF CLAIM AD RELEASE I. GEERAL ISTRUCTIOS 1. To recover as a member of the Class based on your claims in the action entitled In re United Rentals, Inc. Securities Litigation, Master File o. 3:04-cv-1615(CFD (the Action, you must complete and, on page 9 hereof, sign this Claim and Release. If you fail to file a properly addressed (as set forth in paragraph 3 below Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Settlement Fund created in connection with the proposed Settlement of the Action. 2. Submission of this Claim and Release, however, does not assure that you will share in the proceeds of the Settlement of the litigation. 3. OU MUST MAIL OUR COMPLETED AD SIGED PROOF OF CLAIM AD RELEASE POSTMARKED O OR BEFORE MA 18, 2009, ADDRESSED AS FOLLOWS: United Rentals Securities Litigation Claims Administrator c/o Gilardi & Co. LLC P.O. Box 8040 San Rafael, CA If you are OT a member of the Class (as defined in the otice of Pendency and Proposed Settlement of Class Action ( otice DO OT submit a Claim and Release form. 4. If you are a member of the Class and you did not timely request exclusion in connection with the proposed Settlement, you are bound by the terms of any judgment entered in the litigation, including the releases provided therein, WHETHER OR OT OU SUBMIT A PROOF OF CLAIM AD RELEASE. II. CLAIMAT IDETIFICATIO If you purchased or acquired United Rentals publicly traded securities and held the certificate(s in your name, you are the beneficial purchaser as well as the record purchaser. If, however, you purchased or acquired United Rentals publicly traded securities and the certificate(s were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser and the third party is the record purchaser. Use Part I of this form entitled Claimant Identification to identify each purchaser of record ( nominee, if different from the beneficial purchaser of United Rentals publicly traded securities which forms the basis of this claim. THIS CLAIM MUST BE FILED B THE ACTUAL BEEFICIAL PURCHASER(S OR AQUIRER(S, OR THE LEGAL REPRESETATIVE OF SUCH PURCHASER(S OR ACQUIRER(S, OF THE UITED RETALS PUBLICL TRADED SECURITIES UPO WHICH THIS CLAIM IS BASED. All joint purchasers or acquirers must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The Social Security (or taxpayer identification number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim. III. CLAIM FORM Use Part II of this form entitled Schedule of Transactions in United Rentals Publicly Traded Securities to supply all required details of your transaction(s in United Rentals publicly traded securities. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
2 On the schedules, provide all of the requested information with respect to all of your purchases or acquisitions and all of your sales of United Rentals publicly traded securities which took place at any time between February 28, 2001 and August 30, 2004, inclusive (the Class Period, whether such transactions resulted in a profit or a loss. ou must also provide all of the requested information with respect to all of the United Rentals publicly traded securities you held at the close of trading on February 27, 2001, and at the close of trading on August 30, Failure to report all such transactions may result in the rejection of your claim. List each transaction in the Class Period separately and in chronological order, by trade date, beginning with the earliest. ou must accurately provide the month, day and year of each transaction you list. The date of covering a short sale is deemed to be the date of purchase or acquisition of United Rentals publicly traded securities. The date of a short sale is deemed to be the date of sale of United Rentals publicly traded securities. Copies of broker confirmations or other documentation of your transactions in United Rentals securities should be attached to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. OTICE REGARDIG ELECTROIC FILES: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper Claim form whether or not they also submit electronic copies. If you wish to file your claim electronically, you must contact the Claims Administrator at or visit their website at to obtain the required file layout. o electronic files will be considered to have been properly submitted unless the Claims Administrator issues to the claimant a written acknowledgment of receipt and acceptance of electronically submitted data. 2
3 Official Office Use Only UITED STATES DISTRICT COURT DISTRICT OF COECTICUT In re United Rentals, Inc. Securities Litigation Master File o. 3:04-cv-1615(CFD PROOF OF CLAIM AD RELEASE Please Type or Print in the Boxes Below Do OT use Red Ink, Pencil, or Staples Must be Postmarked o Later Than May 18, 2009 UTRT1 PART I: CLAIMAT IDETIFICATIO Last ame (Beneficial Owner First ame (Beneficial Owner Last ame (Co-Beneficial Owner First ame (Co-Beneficial Owner IRA Trust Joint Tenancy UTMA/UGMA Individual Other Company ame (Beneficial Owner - If Claimant is not an Individual or Custodian ame if an IRA (specify Trustee/Asset Manager/ominee/Record Owner s ame (if Different from Beneficial Owner Listed Above Account#/Fund# (ot ecessary for Individual Filers Date of Trust Social Security umber Telephone umber (Work or Taxpayer Identification umber Telephone umber (Home Address Address MAILIG IFORMATIO Address City State Zip Code Foreign Province Foreign Zip Code Foreign Country ame/abbreviation FOR CLAIMS PROCESSIG OL PB PC *UTRT1THIRD* D IHI S TI 3 ICI OTHER OPT MRG BOTH EMP DC L1 L2
4 PART II. SCHEDULE OF TRASACTIOS I UITED RETALS PUBLICL TRADED SECURITIES COMMO STOCK A. umber of shares of United Rentals common stock held at the close of trading on February 27, 2001: Holding B. Purchases or Acquisitions of United Rentals common stock (February 28, 2001 August 30, 2004, inclusive: PURCHASES Trade Date(s of Shares (List Chronologically umber of Shares Purchased or Acquired Total Purchase or Acquisition Price Purchase M M D D 1. $ 2. $ 3. $ 4. $ 5. $ IMPORTAT: (i If you received shares through an acquisition or merger, please identify the company acquired: (ii Identify by number listed above all purchases in which you covered a short sale : C. Sales of United Rentals common stock (February 28, 2001 August 30, 2004, inclusive: SALES Trade Date(s of Shares (List Chronologically umber of Shares Sold Total Sales Price Sales M M D D 1. $ 2. $ 3. $ 4. $ 5. $ D. umber of shares of United Rentals common stock held at the close of trading on August 30, 2004: Holding If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 9. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *UTRT1FOURTH* 4
5 PART II. SCHEDULE OF TRASACTIOS I UITED RETALS PUBLICL TRADED SECURITIES E. Face amount of United Rentals otes held at the close of trading on February 27, 2001: OTES F. Purchases or Acquisitions of United Rentals otes (February 28, 2001 August 30, 2004, inclusive: PURCHASES *Type of Security Trade Date Month/Day/ear *Type of Security Face Amount of otes Purchased or Acquired Total Purchase or Acquisition Price Holding Purchase M M D D 1. $ 2. $ 3. $ 4. $ G. Sales of United Rentals otes (February 28, 2001 August 30, 2004, inclusive: SALES *Type of Security Trade Date Month/Day/ear Face Amount of otes Sold Total Sales Price Sales M M D D 1. $ 2. $ 3. $ 4. $ H. Face amount of United Rentals otes held at the close of trading on August 30, 2004: *Type of Security Holding *TPE OF SECURIT B. 6.5% otes Due 2/15/12 (CUSIP: A4 C. 7.75% otes Due 11/15/13 (CUSIP: AL8 D. 7% otes Due 2/15/14 (CUSIP: AQ7 If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 9. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *UTRT1FIFTH* 5
6 PART II. SCHEDULE OF TRASACTIOS I UITED RETALS PUBLICL TRADED SECURITIES CALL OPTIOS I. I made the following purchases or acquisitions of call options on United Rentals common stock during the period from February 28, 2001 through August 30, 2004, inclusive: All transactions must be displayed as pre-split share and strike price. Date(s of Purchase (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount Purchase J. I made the following sales or written call options on United Rentals common stock during the period from February 28, 2001 through August 30, 2004, inclusive: All transactions must be displayed as pre-split share and strike price. Date(s of Written (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount Sale If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 9. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *UTRT1SIXTH* 6
7 PART II. SCHEDULE OF TRASACTIOS I UITED RETALS PUBLICL TRADED SECURITIES PUT OPTIOS K. I made the following written put options on United Rentals common stock during the period from February 28, 2001 through August 30, 2004, inclusive: All transactions must be displayed as pre-split share and strike price. Date(s of Written (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount Sale L. I made the following purchases or acquisitions of put options on United Rentals common stock during the period from February 28, 2001 through August 30, 2004, inclusive: All transactions must be displayed as pre-split share and strike price. Date(s of Purchase (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount Purchase If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 9. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *UTRT1SEVETH* 7
8 IV. SUBMISSIO TO JURISDICTIO OF COURT AD ACKOWLEDGMETS I submit this Claim and Release under the terms of the Stipulation of Settlement described in the otice. I also submit to the jurisdiction of the United States District Court for the District of Connecticut with respect to my claim as a Class Member and for purposes of enforcing the release set forth herein. I further acknowledge that I am bound by and subject to the terms of any judgment that may be entered in the Action. I agree to furnish additional information to the Claims Administrator to support this claim if requested to do so. I have not submitted any other claim covering the same purchases, acquisitions or sales of United Rentals publicly traded securities during the Class Period and know of no other person having done so on my behalf. V. RELEASE 1. Defined terms used herein shall have the meaning ascribed to them in the Stipulation of Settlement dated January 22, I (We hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release and discharge from the Released Claims each and all of the Released Persons, defined as Defendants and the immediate family members, heirs, executors, administrators, successors, assigns, present and former employees, insurers and reinsurers, officers, directors, attorneys, legal representatives, and agents of each of them, and any person or entity which is or was related to or affiliated with any Defendant, or in which any Defendant has or had a controlling interest and the present and former parents, subsidiaries, divisions, affiliates, predecessors, successors, employees, officers, directors, attorneys, assigns, and agents of each of them. 3. Released Claims means all claims (including Unknown Claims and causes of action of every nature and description, whether known or unknown, whether arising under federal, state, common or foreign law, including any claims under the Securities Exchange Act of 1934 and regulations promulgated thereunder, that Lead Plaintiff or any member of the Class asserted, or could have asserted, in the CAC as a result of purchasing, acquiring, selling, exercising, holding or voting, during the Class Period, any security issued by United Rentals (including, without limitation, all claims arising out of or related to any disclosures, public filings, registration statements, proxy statements or other statements by United Rentals or any other Defendant, based upon or arising out of any facts, allegations or claims set forth in, or that could have been set forth in, the CAC. 4. Unknown Claims means any and all claims, demands, rights, liabilities, and causes of action of every nature and description which Lead Plaintiff, any member of the Class or any Defendant does not know or suspect to exist in his, her or its favor at or after the time of the execution of the Stipulation which, if known by him, her or it, might have affected any decision by him, her or it with respect to the Settlement. 5. With respect to any and all Released Claims, Lead Plaintiff and the members of the Class stipulate and agree that, upon the Effective Date, Lead Plaintiff shall waive, and each member of the Class shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisions, rights and benefits of 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Lead Plaintiff shall expressly waive, and each member of the Class shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, any and all provisions, rights and benefits conferred by the law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to California Civil Code Lead Plaintiff and the members of the Class may hereafter discover facts in addition to or different from those which they or any of them now know or believe to be true with respect to the subject matter of the Released Claims, but Lead Plaintiff and the members of the Class shall have expressly fully, finally and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. 7. Lead Plaintiff acknowledges, and the members of the Class shall be deemed by operation of the Judgment to have acknowledged, that the inclusion of Unknown Claims in the definition of Released Claims, and the waivers and releases set forth in paragraphs 5 and 6 hereof, were separately bargained for and are key elements of the Settlement. 8. This release shall be of no force or effect unless and until the Court approves the Stipulation of Settlement and the Stipulation becomes effective on the Effective Date. 9. I (We hereby warrant and represent that I (we have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. 10. I (We hereby warrant and represent that I (we have included information about all of my (our transactions in United Rentals publicly traded securities which occurred during the Class Period as well as the number and type of shares of United Rentals publicly traded securities held by me (us at the close of trading on February 27, 2001 and at the close of trading on August 30, *UTRT1EIGHTH* 8
9 First ame SUBSTITUTE FORM W-9 PART I. Request for Taxpayer Identification umber ( TI and Certification I. Last ame Check appropriate box: Individual/Sole Proprietor IRA Trust Corporation Partnership Pension Plan Other Enter TI on the appropriate line. (specify For individuals, this is your Social Security umber ( SS. However, for a resident alien, sole proprietor, or disregarded entity, see Part 1 of the enclosed W-9 instructions. For sole proprietors, you must show your individual name, but you may also enter your business or doing business as name. ou may enter either your SS or your Employer Identification umber ( EI. For other entities, it is your EI. Social Security umber Employer Identification umber or PART II. For Payees Exempt from Backup Withholding If you are exempt from backup withholding, enter your correct TI in Part I and write exempt on the following line: PART III. Certification UDER THE PEALT OF PERJUR, I (WE CERTIF THAT: (1 The number shown on this form is my correct TI; and (2 I (We certify that I am (we are OT subject to backup withholding under provisions of Section 3406(a(1(C of the Internal Revenue Code because: (a I am (we are exempt from backup withholding; or (b I (we have not been notified by the Internal Revenue Service that I am (we are subject to backup withholding as a result of a failure to report all interest or dividends; or (c the Internal Revenue Service has notified me (us that I am (we are no longer subject to backup withholding. OTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, you must cross out item 2 above. SEE ECLOSED FORM W-9 ISTRUCTIOS The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding. I (We declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this Claim and Release form by the undersigned is true and correct. Executed this day of in (Month/ear (City/State/Country (Sign your name here (Sign your name here (Type or print your name here (Type or print your name here (Capacity of person(s signing, e.g., Beneficial Purchaser or Acquirer, Executor or Administrator (Capacity of person(s signing, e.g., Beneficial Purchaser or Acquirer, Executor or Administrator ACCURATE CLAIMS PROCESSIG TAKES A SIGIFICAT AMOUT OF TIME. THAK OU FOR OUR PATIECE. Reminder Checklist: 1. Please sign the above release and declaration. 2. Remember to attach supporting documentation, if available. 3. Do not send original stock certificates. 4. Keep a copy of your claim form and all supporting documentation for your records. *UTRT1ITH* 9 5. If you desire an acknowledgment of receipt of your claim form please send it Certified Mail, Return Receipt Requested. 6. If you move, please send the Claims Administrator your new address.
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