2.38. “Eligible Lessee” means (1) the current lessee or lessees of an Eligible Vehicle
with a lease issued by VW Credit, Inc., (Generation One vehicles) or VW Credit, Inc., or Porsche
Financial Services, Inc. (Generation Two vehicles); (2) a lessee or lessees of an Eligible Vehicle
who had an active lease issued by VW Credit, Inc., (Generation One vehicles) or VW Credit,
Inc., or Porsche Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015
and/or November 2, 2015 and who surrendered or surrenders the leased Eligible Vehicle to
Defendants, or otherwise no longer possesses, the Eligible Vehicle, after January 31, 2017, but
before the Claim Submission Deadline; or (3) the owner of an Eligible Vehicle who had an active
lease issued by VW Credit, Inc., (Generation One vehicles) or VW Credit, Inc., or Porsche
Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015 and/or November 2,
2015, and who acquired ownership of the previously leased Eligible Vehicle at the conclusion of
the lease after January 31, 2017. For avoidance of doubt, no person shall be considered an
Eligible Lessee by virtue of holding a lease issued by a lessor other than VW Credit, Inc., or
Porsche Financial Services, Inc.
2.39. “Eligible Owner” means the owner or owners of an Eligible Vehicle on September
18, 2015, or the owner or owners who acquire an Eligible Vehicle after September 18, 2015, but
before the end of the Settlement Benefit Period, except that the owner of an Eligible Vehicle who
had an active lease issued by VW Credit, Inc., (Generation One vehicles) or VW Credit, Inc., or
Porsche Financial Services, Inc. (Generation Two vehicles) as of September 18, 2015 and/or
November 2, 2015, and purchased that previously leased Eligible Vehicle off lease after January
31, 2017, shall be an Eligible Lessee. For avoidance of doubt, an Eligible Owner ceases to be an
Eligible Owner if he transfers ownership of the Eligible Vehicle to a third party. A third party
who acquires ownership of an Eligible Vehicle thereby becomes an Eligible Owner if that third
party otherwise meets the definition of an Eligible Owner. An owner of an Eligible Vehicle will
not qualify as an Eligible Owner while the Eligible Vehicle is under lease to any third party,
although any such owner, including any leasing company other than VW Credit, Inc., or Porsche
Financial Services, Inc., who otherwise meets the definition of an Eligible Owner would become
an Eligible Owner if such lease has been canceled or terminated and the owner has taken
possession of the vehicle. In exceptional cases, specific arrangements may be made with the
leasing company, in consultation with the Claims Supervisor, such that, (1) without canceling or
terminating the lease, the leasing company may be treated as an Eligible Owner and obtain (a) an
Emissions Compliant Repair plus Lessee Repair Payment or (b) a Reduced Emissions
Modification plus Owner Restitution, as appropriate, and (2) a lessor that takes possession of a
leased Eligible Vehicle after the Claim Submission Deadline...
