General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein. 2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves. 4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 2 contracts
Samples: Stipulation and Agreement of Settlement, Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Dropbox Inc. (“Dropbox”) common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Dropbox common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Settlement Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Settlement Notice. The Settlement Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Settlement Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Settlement Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this This Claim FormForm is directed to all persons or entities who between June 7, you will be making a request to share 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) Xxxxxx Biomet common stock (“ZBH Common Stock”), or (2) call options on ZBH Common Stock (“ZBH Call Options”), and/or (3) sold or wrote put options on ZBH Common Stock (“ZBH Put Options”) (together, the “Settlement Class”). Included in the proceeds of the Settlement described in the NoticeClass are all persons or entities who purchased or otherwise acquired ZBH common stock pursuant to and/or traceable to ZBH’s public offering on or around June 13, 2016 and/or ZBH’s public offering on or around August 9, 2016 and were damaged thereby. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members of the Settlement Class on page are referred to as “Settlement Class Members.”
3. Excluded from the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members of the NoticeImmediate Families of each of the Individual Defendants; (iii) the parents, subsidiaries, assigns, successors and predecessors of ZBH, the PE Defendants, and the Underwriter Defendants; (iv) any persons who served as partners, control persons, officers, and/or directors of ZBH, the PE Defendants, and the Underwriter Defendants during the Settlement Class Period and/or at any other relevant time; (v) Defendants’ liability insurance carriers; (vi) any firm, trust, corporation, or other entity in which sets forth who is included in any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and who is (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. Also excluded from the Class are any persons and entities who or that submit a request for exclusion that is accepted by the Court.
4. If you are not a Settlement Class Member do not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. If you are a Settlement Class Member, you will be bound by the terms of any judgments or orders entered in the Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM, unless you submit a request for exclusion from the Class. Thus, if you are a Class Member, the Judgment will release, and you will be barred and enjoined from commencing, instituting, prosecuting or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal or administrative forum, asserting each and every Released Plaintiffs’ Claims (including Unknown Claims) against the Defendants’ Releasees.
6. You are eligible to participate in the distribution of the Net Settlement Fund only if you are a member of the Settlement Class and if you complete and return this form as specified below. If you fail to submit a timely, properly addressed, and completed Claim Form with the required documentation, your claim may be rejected and you may be precluded from receiving any distribution from the Net Settlement Fund.
7. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Settlement Notice, if it is approved by the Court, or by such other plan of allocation as approved by the Court approvesCourt.
48. Use the Schedule Schedules of Transactions in Part III Parts III–V of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveriestransfers) in and holdings of K12 common stockthe applicable ZBH Securities. On this schedulethe Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions, acquisitions and sales of K12 common stockthe applicable ZBH Securities, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
Appears in 2 contracts
Samples: Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page paragraph 18 of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stockLumber Liquidators Securities. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, purchases and sales of K12 common stockLumber Liquidators Securities, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 2 contracts
Samples: Settlement Agreement (Lumber Liquidators Holdings, Inc.), Settlement Agreement
General Instructions. 1. It The Withdrawal Order should clearly indicate one of the following options:
(i) Conversion Option; or
(ii) Cash-out Option; or
(iii) Combination of both (i) and (ii), provided each such option is important exercised for separate set of IDRs.
(i) ensure that you completely read and understand validly hold IDRs, for which you are issuing the Notice of Withdrawal Order;
(Iii) Pendency of Class Action and Certification of Settlement Class; if you are submitting the Withdrawal Order by email, ensure that you use the same email-id as registered with the Security Depositories/ Registrar, for sending the email;
(IIiii) Proposed Settlement with Individual Defendants; ensure that the IDRs submitted by you pursuant to the Withdrawal Order are not subject to any encumbrance;
(IIIiv) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) ensure that accompanies this Claim Form, including the Plan of Allocation all requisite documents as specified in terms of the Net Settlement Fund set forth paragraph titled ‘Method and Process of submitting the Withdrawal Orders’ in Paragraph II (C) (1) (b) are enclosed with the Withdrawal Order;
(v) ensure that the number of IDRs withdrawn/surrendered as part of the Withdrawal Order, are transferred to the IDR Conversion Account and/or IDR Cash-out Account (as the case may be) either at the time of submission of the Withdrawal Order, or subsequently (once the lock- down restrictions on account of COVID-19 pandemic are relaxed);
(vi) complete and sign the Withdrawal Order;
(vii) ensure that the details of the DP ID and Client ID mentioned in the Notice. The Notice describes Withdrawal Order are correct;
(viii) ensure that if you submit the proposed SettlementWithdrawal Order through email, how Settlement Class Members a clear scan / photograph of the Withdrawal Order and the relevant enclosures are affected attached;
(ix) ensure that the Withdrawal Order is submitted at the times and locations, and by the Settlement, and modes described in these Termination Operating Guidelines;
(x) ensure that the manner name(s) in the Withdrawal Order are exactly the same as the name(s) in which the Net Settlement Fund will dematerialised account is held by the IDR Holder(s) in India;
(xi) in case you are opting for the Conversion Option: confirm that you are eligible to withdraw your IDRs for allotment of the Shares underlying such IDRs on the LSE under applicable law and regulations, and that such withdrawal of IDRs and allotment of the Shares underlying such IDRs does not give rise to any requirement on the part of the Company, the Domestic Depository, the Overseas Custodian or the Registrar to comply with any requirement or pay any fee, taxes, costs or other expense under any applicable law; ensure that the number of IDRs for which corresponding Shares are to be distributed allotted as part of the Conversion Option is not greater than the number of IDRs held, and is in multiples of 10 IDRs;
(xii) in case you are opting for the Cash-out Option: confirm that you are eligible to surrender your IDRs for sale of the Shares underlying such IDRs on the LSE under applicable law and regulations, and that such surrender of IDRs, sale of the Shares underlying such IDRs and distribution of net cash proceeds does not give rise to any requirement on the part of the Company, the Domestic Depository, the Overseas Custodian or the Registrar to comply with any requirement or pay any fee, taxes, costs or other expense under any applicable law; ensure that the number of IDRs surrendered for which corresponding Shares are to be sold on the LSE is not greater than the number of IDRs held, and is in multiples of 10 IDRs.
(i) submit the Withdrawal Order at times or locations or by modes other than those described in these Termination Operating Guidelines;
(ii) issue instructions to sell IDRs after submitting a Withdrawal Order in respect of such IDRs;
(iii) submit same set of IDRs under both the Conversion Option and the Cash-out Option;
(iv) submit the Withdrawal Order if the Settlement and Plan request is in contradiction of Allocation are approved by applicable law or regulation or would give rise to any requirement on the Court. The Notice also contains the definitions of many part of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim FormCompany, you will be certifying that you have read and that you understand the NoticeDomestic Depository, including the terms of Overseas Custodian or the releases described therein and provided for hereinRegistrar to comply with any requirement or pay any fee or expense under any applicable law.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 2 contracts
Samples: Termination Operating Guidelines, Termination Operating Guidelines
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action Action, Proposed Settlement, and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 KBR publicly traded common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 KBR publicly traded common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 2 contracts
Samples: Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER If you are not a Settlement Class Member (see the definition of the Settlement Class on page [ ] of the Notice), which sets forth who is included or if you, or someone acting on your behalf, submitted a request for exclusion from the Settlement Class, do not submit a Claim Form. You may not, directly or indirectly, participate in and who is the Settlement if you are not a Settlement Class Member. Thus, if you are excluded from the Settlement Class), OR IF YOUany Claim Form that you submit, OR SOMEONE ACTING ON YOUR BEHALFor that may be submitted on your behalf, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTEDwill not be accepted.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, Notice or by such other plan of allocation as the Court approves.
4. Use On the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this scheduleForm, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Xxxxx River Group Holdings, Ltd. (“Xxxxx River”) common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 2 contracts
Samples: Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Endurance International Group Holdings, Inc. (“Endurance”) common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Endurance common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of receive a payment from the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page [ ] of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of be eligible to receive a payment from the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in in, and holdings of, common stock of K12 common stockMerit Medical Systems, Inc. (“Merit”). On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Merit common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Settlement Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Settlement Notice. The Settlement Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Settlement Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Settlement Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this This Claim FormForm is directed to all persons or entities that, you will be making a request to share in during the proceeds period from October 25, 2017 through February 21, 2018, inclusive (the “Class Period”), purchased or acquired shares of Kraton Corporation common stock (“Kraton Securities”). All persons and entities that are members of the Settlement described Class are referred to as “Class Members.”
3. Excluded from the Class are Defendants; the present and former officers and directors of Kraton at all relevant times; members of their Immediate Families and their legal representatives, heirs, successors, or assigns, and any entity in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition which any of the Settlement Class on page of the NoticeDefendants, which sets forth who is included in and who is or any person excluded under this provision, has or had a majority ownership interest. Also excluded from the Settlement Class)Class are any persons and entities who or that submit requests for exclusion that are accepted by the Court.
4. If you are not a Class Member, OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORMdo not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. If you are a Class Member, you will be bound by the terms of any judgments or orders entered in the Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM, unless you submit a request for exclusion from the Class. Thus, if you are a Class Member, the Judgment will release, and enjoin the filing or continued prosecution of, the Released Plaintiffs’ Claims against the Defendants’ Releasees.
6. You are eligible to participate in the distribution of the Net Settlement Fund only if you are a member of the Class and if you complete and return this form as specified below. If you fail to submit a timely, properly addressed, and completed Claim Form with the required documentation, your claim may be rejected, and you may be precluded from receiving any distribution from the Net Settlement Fund.
7. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Settlement Notice, if it is approved by the Court, or by such other plan of allocation as approved by the Court approvesCourt.
48. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveriestransfers) in and holdings of K12 common stockthe applicable Kraton Securities. On this schedulethe Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions, acquisitions and sales of K12 common stockthe applicable Kraton Securities, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this This Claim FormForm is directed to all persons and entities who or which purchased or otherwise acquired publicly traded Xxxxxx Pharmaceuticals, you will be making a request to share in Inc. (“Adamas”) common stock (“Adamas Stock”) between August 8, 2017 through March 4, 2019, inclusive (the proceeds of “Settlement Class Period”), and were damaged thereby (the “Settlement described in the NoticeClass”). IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition All persons and entities that are members of the Settlement Class on page are referred to as “Settlement Class Members.”
3. Excluded from the Settlement Class are: (a) persons and entities that suffered no compensable losses; (b) all shares of Adamas common stock purchased or acquired directly in Adamas’ January 24, 2018 secondary public offering (which stock was issued pursuant to Adamas’ November 21, 2016 Registration Statement and January 24, 2018 Prospectus Supplement and all materials incorporated therein) (“Covered Purchases”); and (c)(i) Defendant and Adamas; (ii) any person who served as a partner, control person, officer, and/or director of Xxxxxx during the Settlement Class Period, and members of their Immediate Families; (iii) present and former parents, subsidiaries, assigns, successors, affiliates, and predecessors of Adamas; (iv) any entity in which the Defendant or Adamas has or had a controlling interest; (v) any trust of which Defendant is the settler or which is for the benefit of the NoticeDefendant and/or member(s) of his Immediate Family; (vi) Defendant’s liability insurance carriers; and (vii) the legal representatives, which sets forth who is included in heirs, successors, and who is assigns of any person or entity excluded under provisions (i) through (vi) hereof. Also excluded from the Settlement Class)Class are any persons and entities who or which submit a request for exclusion from the Settlement Class that is accepted by the Court. For the avoidance of doubt: (i) “affiliates” are persons or entities that directly, OR IF YOUor indirectly through one or more intermediaries, OR SOMEONE ACTING ON YOUR BEHALFcontrol, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORMare controlled by or are under common control with Xxxxxx or the Defendant; and (ii) Covered Purchases are excluded from this Settlement.
4. If you are not a Settlement Class Member do not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. If you are a Settlement Class Member, you will be bound by the terms of any judgments or orders entered in the Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM, unless you submit a request for exclusion from the Settlement Class. Thus, if you are a Class Member, the Judgment will release, and you will be barred and enjoined from commencing, instituting, prosecuting or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal or administrative forum, asserting each and every Released Plaintiff’s Claims (including Unknown Claims) against Defendant’s Releasees.
6. You are eligible to participate in the distribution of the Net Settlement Fund only if you are a member of the Settlement Class and if you complete and return this form as specified below. If you fail to submit a timely, properly addressed, and completed Claim Form with the required documentation, your claim may be rejected and you may be precluded from receiving any distribution from the Net Settlement Fund.
7. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as approved by the Court approvesCourt.
48. Use the Schedule Schedules of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveriestransfers) in and holdings of K12 common stockthe applicable Adamas Stock. On this schedulethe Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions, acquisitions and sales of K12 common stockthe applicable Adamas Stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency Proposed Settlement and Plan of Class Action and Certification of Settlement ClassAllocation; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of receive a payment from the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page [ ] of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of be eligible to receive a payment from the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in in, and holdings of, common stock of K12 common stockCognizant Technology Solutions Corporation (“Cognizant”). On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Cognizant common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Proposed Settlement Classwith the Defendants; (II) Proposed Settlement with Individual Defendants; Fairness Hearing and (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. This Claim Form is directed to all members of the “Settlement Class,” which consists of all persons and entities who purchased or otherwise acquired the publicly-traded common stock of Alere Inc. (“Alere”) during the period from May 9, 2013 through October 3, 2017, inclusive (the “Class Period”). By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page 7 (¶ 20) of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Alere common stockstock during the Class Period. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Alere common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
5. You are required to submit genuine and sufficient documentation for all of your transactions in and holdings of Alere common stock set forth in the Schedule of Transactions in Part III of this Claim Form. Documentation may consist of copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from your broker containing the transactional and holding information found in a broker confirmation slip or account statement. The Parties, including Alere, and the Claims Administrator do not independently have information about your investments in Alere common stock. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OR EQUIVALENT DOCUMENTS FROM YOUR BROKER. FAILURE TO SUPPLY THIS DOCUMENTATION MAY RESULT IN THE REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Please keep a copy of all documents that you send to the Claims Administrator. Also, please do not highlight any portion of the Claim Form or
6. All joint beneficial owners must each sign this Claim Form and their names must appear as “Claimants” in Part I of this Claim Form. If you owned Alere common stock during the Class Period and held the shares in your name, you are the beneficial owner as well as the record owner and you must sign this Claim Form to participate in the Settlement. If, however, you owned Alere common stock during the Class Period and the securities were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial owner of these shares, but the third party is the record owner. The beneficial owner, not the record owner, must sign this Claim Form to be eligible to participate in the Settlement.
7. One Claim should be submitted for each separate legal entity. Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her XXX transactions with transactions made solely in the individual’s name). Conversely, a single Claim Form should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).
8. Agents, executors, administrators, guardians, and trustees must complete and sign the Claim Form on behalf of persons represented by them, and they must:
(a) expressly state the capacity in which they are acting;
(b) identify the name, account number, last four digits of the Social Security Number (or taxpayer identification number), address and telephone number of the beneficial owner of (or other person or entity on whose behalf they are acting with respect to) the Alere common stock; and
(c) furnish herewith evidence of their authority to bind to the Claim Form the person or entity on whose behalf they are acting. (Authority to complete and sign a Claim Form cannot be established by stockbrokers demonstrating only that they have discretionary authority to trade securities in another person’s accounts.)
9. By submitting a signed Claim Form, you will be swearing that you:
(a) own(ed) the Alere common stock you have listed in the Claim Form; or
(b) are expressly authorized to act on behalf of the owner thereof.
10. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in the rejection of your claim and may subject you to civil liability or criminal prosecution.
11. If the Court approves the Settlement, payments to eligible Authorized Claimants pursuant to the Plan of Allocation (or such other plan of allocation as the Court approves) will be made after any appeals are resolved, and after the completion of all claims processing. The claims process will take substantial time to complete fully and fairly. Please be patient.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Proposed Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (Settlement, available at xxx.XxXxxxxXxxxxxxxxXxxxxXxxxxxxxxx.xxx or by contacting the “Notice”) that accompanies this Claim FormClaims Administrator, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Proof of Claim Formand Release form. By signing and submitting this Proof of Claim Formand Release form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim FormA. To recover as a Member of the Class, you will must complete, sign, and submit this Proof of Claim and Release form in accordance with the instructions provided herein. If you fail to submit a valid and timely Proof of Claim and Release form in accordance with these instructions, your claim may be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Noticerejected, which sets forth who is included in and who is excluded you may be precluded from any recovery from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTEDFund created in connection with the proposed Settlement of the Litigation.
3. B. Submission of this Proof of Claim Form and Release form, however, does not guarantee ensure that you will share in the proceeds of Settlement of the Litigation.
C. YOU MUST MAIL OR SUBMIT ONLINE AT THE SETTLEMENT WEBSITE YOUR COMPLETED AND SIGNED PROOF OF CLAIM AND RELEASE FORM SO THAT IT IS SUBMITTED ELECTRONICALLY ON OR BEFORE 11:59 P.M. EASTERN STANDARD TIME ON 2022 OR POSTMARKED ON OR BEFORE [SAME DATE]. MAILED CLAIM FORMS SHOULD BE ADDRESSED TO THE CLAIMS ADMINISTRATOR AS FOLLOWS: AmTrust Preferred Stock Litigation, c/o A.B. Data, Ltd., X.X. Xxx , Xxxxxxxxx, XX 00000
D. If you are a Member of the Class (as certified by the Court and defined in the Notice of Proposed Class Action Settlement (hereinafter, “Notice”)) and Stipulation, you will be bound by the terms of any order of dismissal or judgment entered in the Litigation, including the releases provided herein, WHETHER OR NOT YOU SUBMIT A PROOF OF CLAIM AND RELEASE FORM.
E. If you are a Member of the Certified Class, you may seek to exclude yourself from the Class, and, if the request is deemed valid, you will be barred from receiving any payment from the Settlement Fund. DO NOT submit both a Proof of Claim and a request for exclusion. Doing so will delay administration of the Settlement. The distribution If you both send in a Proof of Claim and Release Form and seek to exclude yourself from the Settlement, your exclusion will be deemed invalid and your Proof of Claim will be administered pursuant to the terms of the Net Settlement Fund will be governed Settlement. 1 This Proof of Claim and Release form incorporates by reference the Plan of Allocation set forth definitions in the NoticeStipulation and Agreement of Settlement (the “Stipulation”). Unless otherwise specified, if it is approved by all capitalized terms used, but not defined herein, shall have the Court, or by such other plan of allocation same meanings as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claimStipulation. The Stipulation can be obtained at xxx.XxXxxxxXxxxxxxxxXxxxxXxxxxxxxxx.xxx.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this This Claim FormForm is directed to all persons and entities that, you will be making a request to share in during the proceeds of period from October 26, 2010, through November 7, 2014, inclusive (the “Settlement described in Class Period”), purchased or otherwise acquired the NoticeRayonier common stock (CUSIP 000000000), and were damaged thereby. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition All persons and entities that are members of the Settlement Class on page are referred to as “Settlement Class Members.”
3. Excluded from the Settlement Class are (i) Defendants; (ii) members of the NoticeImmediate Family of each Individual Defendant; (iii) any person who was an Officer or director of Rayonier during the Settlement Class Period; (iv) any firm or entity in which any Defendant has or had a controlling interest during the Settlement Class Period; (v) any affiliates, which sets forth who is included parents, or subsidiaries of Rayonier; (vi) all Rayonier plans that are covered by ERISA; and (vii) the legal representatives, agents, affiliates, heirs, beneficiaries, successors-in- interest, or assigns of any excluded person or entity, in and who is their respective capacity as such. Also excluded from the Settlement Class are any persons or entities who or which exclude themselves by submitting a request for exclusion that is accepted by the Court.
4. If you are not a Settlement Class Member, or if you, or someone acting on your behalf, submits a request for exclusion from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORMdo not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. If you are a Settlement Class Member, you will be bound by the terms of any judgments or orders entered in the Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM. Thus, if you are a Settlement Class Member, the Judgment will release and enjoin the filing or continued prosecution of the Released Plaintiffs’ Claims against the Defendant Releasees.
6. You are potentially eligible to participate in the distribution of the Net Settlement Fund only if you are a member of the Settlement Class and if you complete and return this form as specified below. If you fail to submit a timely, properly addressed, and completed Claim Form with the required documentation, your claim may be rejected and you may be precluded from receiving any distribution from the Net Settlement Fund.
7. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as approved by the Court approvesCourt.
48. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveriestransfers) in and holdings of K12 Rayonier common stock. On this schedulethe Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions, acquisitions and sales of K12 Rayonier common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
Appears in 1 contract
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Settlement, Final Approval Hearing; , and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this This Claim FormForm is directed to all Persons who purchased or otherwise acquired Healthcare Services Group common stock (Ticker: HCSG) (CUSIP: 000000000) during the period between April 8, you will be making a request to share in the proceeds of the 2014 through February 9, 2021, inclusive, and were allegedly damaged thereby (“Settlement described in the NoticeClass”). IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see Any Person who falls within the definition of the Settlement Class on page is referred to as a “Settlement Class Member.”
3. Excluded from the Settlement Class are: (i) Defendants and any affiliates or subsidiaries of HCSG; (ii) present or former officers, directors, or controlling persons of HCSG, its subsidiaries, or its affiliates, and their immediate family members; (iii) Defendants’ directors’ and officers’ liability carriers and any affiliates or subsidiaries thereof; (iv) any entity in which any Defendant has or has had a controlling interest; and (v) the Noticelegal xxxxxxxxxxxxxxx, which sets forth who is included xxxxx, xxxxxxx, agents, successors, or assigns of any person or entity described in and who is the preceding categories. Also excluded from the Settlement Class are any Persons who otherwise satisfy the above requirements for membership in the Settlement Class), OR IF YOUbut who exclude themselves by submitting a valid request for exclusion in accordance with the requirements set forth in the Notice.
4. If you are not a Settlement Class Member, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORMdo not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. If you are a Settlement Class Member, you will be bound by the terms of any judgments or orders entered in the Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM, unless you submit a request for exclusion from the Class. Thus, if you are a Settlement Class Member, the Judgment will release, and enjoin the filing or continued prosecution of, the Released Plaintiffs’ Claims against the Defendants and Defendants’ Releasees.
6. You are eligible to participate in the distribution of the Net Settlement Fund only if you are a member of the Class and if you complete and return this Claim Form as specified herein. If you fail to submit a timely, properly addressed, and completed Claim Form with the required documentation, your Claim may be rejected, and you may be precluded from receiving any distribution from the Net Settlement Fund.
7. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as approved by the Court approvesCourt.
48. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Healthcare Services Group common stock. On this schedulethe Schedule of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Healthcare Services Group common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claimClaim.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER If you are not a Settlement Class Member (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the class), or if you, or someone acting on your behalf, submitted a request for exclusion from the Settlement Class), OR IF YOUdo not submit a Claim Form. You may not, OR SOMEONE ACTING ON YOUR BEHALFdirectly or indirectly, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASSparticipate in the Settlement if you are not a Settlement Class Member. Thus, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOTif you are excluded from the Settlement Class, DIRECTLY OR INDIRECTLYany claim form that you submit, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUSor that may be submitted on your behalf, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTEDwill not be accepted.
3. If your only purchases of OPKO common stock during the Class Period were made on the Tel Aviv Stock Exchange (the “TASE”) you should not submit this Claim Form. Your eligibility for a distribution from the Settlement based on shares purchased on the TASE will be determined based on information provided by your broker and does not require a Claim Form.
4. This Claim Form should only be used to report transactions and holdings of OPKO common stock traded on U.S. exchanges (including the New York Stock Exchange or Nasdaq), or any other transactions in OPKO common stock purchased or acquired during the Class Period in any other manner, other than purchases on the TASE. Transactions and holdings of OPKO common stock through the TASE should not be included.
5. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
46. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 of, OPKO common stockstock that were traded on U.S. exchanges. On this schedule, please provide all of the such requested information with respect to your holdings, purchases, acquisitions, and sales of K12 OPKO common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of receive a payment from the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page [ ] of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of be eligible to receive a payment from the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in in, and holdings of, common and preferred American Depositary Receipts (“ADRs”) of K12 common stockVale S.A. (“Vale”). On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Vale common stockand preferred ADRs (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
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General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of for the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Xxxxxx Investment Management Corporation, now known as Ditech Holding Corporation (“WIMC”) common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 WIMC common stock, including whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
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General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Settlement Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Settlement Notice. The Settlement Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Settlement Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Settlement Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this This Claim FormForm is directed to all persons or entities who or that, you will be making a request to share in between July 30, 2019, and February 18, 2020, inclusive (the proceeds of “Settlement Class Period”), purchased or otherwise acquired Groupon, Inc. (“Groupon”) common stock (“Groupon Stock”) and were damaged thereby (the “Settlement described in the NoticeClass”). IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition All persons and entities that are members of the Settlement Class on page are referred to as “Settlement Class Members.”
3. Excluded from the Settlement Class are: (i) Defendants; (ii) any person who served as a control person, executive officer and/or director of Groupon during the NoticeSettlement Class Period, and members of his or her Immediate Family; (iii) present and former parents, subsidiaries, assigns, successors, affiliates, and predecessors of Groupon; (iv) any entity in which sets forth who Defendants have or had a controlling interest during the Settlement Class Period; (v) any trust of which any Individual Defendant is included in the settlor or that is for the benefit of any Individual Defendant and/or member(s) of his or her Immediate Family; and who is (vi) the legal representatives, heirs, successors, and assigns of any person or entity excluded under provisions (i) through (v) hereof. Also excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORMClass are any persons and entities who or that validly exclude themselves by submitting a request for exclusion in accordance with the requirements set forth in the Settlement Notice that is accepted by the Court.
4. If you are not a Settlement Class Member do not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. If you are a Settlement Class Member, you will be bound by the terms of any judgments or orders entered in the Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM, unless you submit a request for exclusion from the Settlement Class. Thus, if you are a Class Member, the Judgment will release, and you will be barred and enjoined from commencing, instituting, prosecuting or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal or administrative forum, asserting each and every Released Plaintiffs’ Claims (including Unknown Claims) against Defendants’ Releasees.
6. You are eligible to participate in the distribution of the Net Settlement Fund only if you are a member of the Settlement Class and if you complete and return this form as specified below. If you fail to submit a timely, properly addressed, and completed Claim Form with the required documentation, your claim may be rejected and you may be precluded from receiving any distribution from the Net Settlement Fund.
7. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Settlement Notice, if it is approved by the Court, or by such other plan of allocation as approved by the Court approvesCourt.
48. Use the Schedule Schedules of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveriestransfers) in and holdings of K12 common stockthe applicable Groupon Stock. On this schedulethe Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions, acquisitions and sales of K12 common stockthe applicable Groupon Stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
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Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Settlement Notice”) that accompanies this Claim Form), including the proposed Plan of Allocation of the Net Settlement Fund set forth in the NoticeSettlement Notice (“Plan of Allocation”). The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Settlement Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Settlement Notice, including the terms of the releases Releases described therein and provided for herein.
2. This Claim Form is directed to all persons and entities who purchased or otherwise acquired Walgreen Co. (“Walgreens”) common stock during the Class Period (i.e., the period between April 17, 2014 and August 5, 2014, inclusive), and were damaged thereby. Certain persons and entities are excluded from the Class by definition as set forth in ¶ 28 of the Settlement Notice.
3. By submitting this Claim Form, you will be are making a request to share in the proceeds of the Settlement described in the Settlement Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of “Class” contained in ¶ 28 of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASSCLASS IN CONNECTION WITH THE PREVIOUSLY DISSEMINATED CLASS NOTICE AND ARE LISTED ON APPENDIX 1 TO THE STIPULATION, DO NOT SUBMIT A CLAIM FORM. FORM AS YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBERSETTLEMENT. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
34. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Settlement Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
45. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Walgreens common stock. On this scheduleSchedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Walgreens common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
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General Instructions. 1. It The Withdrawal Order should clearly indicate one of the following options:
(i) Conversion Option; or
(ii) Cash-out Option; or
(iii) Combination of both (i) and (ii), provided each such option is important exercised for separate set of IDRs.
(i) ensure that you completely read and understand validly hold IDRs, for which you are issuing the Notice of Withdrawal Order;
(Iii) Pendency of Class Action and Certification of Settlement Class; if you are submitting the Withdrawal Order by email, ensure that you use the same email-id as registered with the Security Depositories/ Registrar, for sending the email;
(IIiii) Proposed Settlement with Individual Defendants; ensure that the IDRs submitted by you pursuant to the Withdrawal Order are not subject to any encumbrance;
(IIIiv) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) ensure that accompanies this Claim Form, including the Plan of Allocation all requisite documents as specified in terms of the Net Settlement Fund set forth paragraph titled ‘Method and Process of submitting the Withdrawal Orders’ in Paragraph II (C) (1) (b) are enclosed with the Withdrawal Order;
(v) ensure that the number of IDRs withdrawn/surrendered as part of the Withdrawal Order, are transferred to the IDR Conversion Account and/or IDR Cash-out Account (as the case may be) either at the time of submission of the Withdrawal Order, or subsequently (once the lock-down restrictions on account of COVID-19 pandemic are relaxed);
(vi) complete and sign the Withdrawal Order;
(vii) ensure that the details of the DP ID and Client ID mentioned in the Notice. The Notice describes Withdrawal Order are correct;
(viii) ensure that if you submit the proposed SettlementWithdrawal Order through email, how Settlement Class Members a clear scan / photograph of the Withdrawal Order and the relevant enclosures are affected attached;
(ix) ensure that the Withdrawal Order is submitted at the times and locations, and by the Settlement, and modes described in these Termination Operating Guidelines;
(x) ensure that the manner name(s) in the Withdrawal Order are exactly the same as the name(s) in which the Net Settlement Fund will dematerialised account is held by the IDR Holder(s) in India;
(xi) in case you are opting for the Conversion Option: confirm that you are eligible to withdraw your IDRs for allotment of the Shares underlying such IDRs on the LSE under applicable law and regulations, and that such withdrawal of IDRs and allotment of the Shares underlying such IDRs does not give rise to any requirement on the part of the Company, the Domestic Depository, the Overseas Custodian or the Registrar to comply with any requirement or pay any fee, taxes, costs or other expense under any applicable law; ensure that the number of IDRs for which corresponding Shares are to be distributed allotted as part of the Conversion Option is not greater than the number of IDRs held, and is in multiples of 10 IDRs;
(xii) in case you are opting for the Cash-out Option: confirm that you are eligible to surrender your IDRs for sale of the Shares underlying such IDRs on the LSE under applicable law and regulations, and that such surrender of IDRs, sale of the Shares underlying such IDRs and distribution of net cash proceeds does not give rise to any requirement on the part of the Company, the Domestic Depository, the Overseas Custodian or the Registrar to comply with any requirement or pay any fee, taxes, costs or other expense under any applicable law; ensure that the number of IDRs surrendered for which corresponding Shares are to be sold on the LSE is not greater than the number of IDRs held, and is in multiples of 10 IDRs.
(i) submit the Withdrawal Order at times or locations or by modes other than those described in these Termination Operating Guidelines;
(ii) issue instructions to sell IDRs after submitting a Withdrawal Order in respect of such IDRs;
(iii) submit same set of IDRs under both the Conversion Option and the Cash-out Option;
(iv) submit the Withdrawal Order if the Settlement and Plan request is in contradiction of Allocation are approved by applicable law or regulation or would give rise to any requirement on the Court. The Notice also contains the definitions of many part of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim FormCompany, you will be certifying that you have read and that you understand the NoticeDomestic Depository, including the terms of Overseas Custodian or the releases described therein and provided for hereinRegistrar to comply with any requirement or pay any fee or expense under any applicable law.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
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Samples: Termination Operating Guidelines
General Instructions. 1. It is important that If you completely read and understand are a member of one of the Notice classes certified for settlement purposes1 in the actions entitled In re Royal Group Technologies Ltd. Securities Litigation, Master File No. 06 Civ. 0822 (RJH), before the United States District Court for the Southern District of (I) Pendency New York or Canadian Commercial Workers Industry Pension Plan v. Royal Group Technologies Ltd., Court File No. 965/06 before the Ontario Superior Court of Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses Justice (the “NoticeActions”), you must fully complete, sign and submit this Proof of Claim in order to be eligible to share in any proceeds from the Net Settlement Fund under the Settlement of the Actions.
2. If you did not purchase or otherwise acquire shares of Royal Group Technologies Limited (“Royal Group”) during the period February 26, 1998 through October 18, 2004, inclusive (the “Class Period”), DO NOT submit this Proof of Claim. You are not a member of either of the classes certified in the Actions and are not entitled to participate in the Settlement.
3. If you fail to file a Proof of Claim and are a member of either or both of the classes certified in the Actions, you will be precluded from any recovery from the Net Settlement Fund but will otherwise be bound by the terms of the Settlement, if approved, and any related orders or judgments of the Courts.
4. Submission of this Proof of Claim, however, does not assure that accompanies this you will receive any proceeds from the Net Settlement Fund. Your Proof of Claim Formwill be subject to review by the Claims 1 As defined in the Notice. Administrator who will review the information you have supplied to assess whether you are entitled to share and, including if so, the Plan extent of Allocation your share, in any distribution to Class Members of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for hereinFund.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM5. YOU MAY NOTMUST MAIL YOUR COMPLETED AND SIGNED PROOF OF CLAIM TO THE CLAIMS ADMINISTRATOR AT EITHER THE CANADIAN OR U.S. ADDRESS NOTED BELOW, DIRECTLY POSTMARKED ON OR INDIRECTLYBEFORE , PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS2008, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSAND ADDRESSED AS FOLLOWS: RGT Claims Administrator Suite 0 - 000 000, ANY CLAIM FORM THAT YOU SUBMIT, Xxxxx Xx N. Waterloo ON N2J 3G9 - OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.- RGT Claims Administrator 0000 Xxxxxx Xx Williamsville NY 14221
Appears in 1 contract
Samples: Plan of Notice
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Dole common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Dole common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
5. You are required to submit genuine and sufficient documentation for all of your transactions in and holdings of Dole common stock set forth in the Schedule of Transactions in Part III of this Claim Form. Documentation may consist of copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from your broker containing the transactional and holding information found in a broker confirmation slip or account statement. The Parties, including Dole, and the Claims Administrator do not independently have information about your investments in Dole common stock. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OR EQUIVALENT DOCUMENTS FROM YOUR BROKER. FAILURE TO SUPPLY THIS DOCUMENTATION MAY RESULT IN THE REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Please keep a copy of all documents that you send to the Claims Administrator. Also, please do not highlight any portion of the Claim Form or any supporting documents.
6. Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her XXX transactions with transactions made solely in the individual’s name). Conversely, a single Claim Form should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).
7. All joint beneficial owners must each sign this Claim Form and their names must appear as “Claimants” in Part I of this Claim Form. If you owned Dole common stock during the Class Period and held the shares in your name, you are the beneficial owner as well as the record owner and you must sign this Claim Form to participate in the Settlement. If, however, you owned Dole common stock during the relevant time period and the securities were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial owner of these shares, but the third party is the record owner. The beneficial owner, not the record owner, must sign this Claim Form to be eligible to participate in the Settlement.
8. Agents, executors, administrators, guardians, and trustees must complete and sign the Claim Form on behalf of persons represented by them, and they must:
(a) expressly state the capacity in which they are acting;
(b) identify the name, account number, Social Security Number (or taxpayer identification number), address and telephone number of the beneficial owner of (or other person or entity on whose behalf they are acting with respect to) the Dole common stock; and
(c) furnish herewith evidence of their authority to bind to the Claim Form the person or entity on whose behalf they are acting. (Authority to complete and sign a Claim Form cannot be established by stockbrokers demonstrating only that they have discretionary authority to trade securities in another person’s accounts.)
9. By submitting a signed Claim Form, you will be swearing that you:
(a) owned the Dole common stock you have listed in the Claim Form; or
(b) are expressly authorized to act on behalf of the owner thereof.
10. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in the rejection of your claim and may subject you to civil liability or criminal prosecution.
11. If the Court approves the Settlement, payments to eligible Authorized Claimants pursuant to the Plan of Allocation (or such other plan of allocation as the Court approves) will be made after any appeals are resolved, and after the completion of all claims processing. The claims process will take substantial time to complete fully and fairly. Please be patient.
Appears in 1 contract
General Instructions. 1. It This Claim Form is important that you completely read directed to members of the Settlement Class, as defined in the Stipulation and understand the Agreement of Settlement dated August 22, 2019 (“Stipulation”) and Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses Expenses; and (the III) Settlement Fairness Hearing (“Notice”) that accompanies this Claim Form), including available for download on the Plan of Allocation of website xxx.XxxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx. Certain persons and entities are excluded from the Net Settlement Fund Class by definition as set forth in ¶ 20 of the Notice. The Please read the Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Formcarefully. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases Releases described therein and provided for herein.
2. By submitting this Claim Form, you will be are making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page contained in ¶ 20 of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. FORM AS YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBERSETTLEMENT. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 Endo common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Endo common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
5. You are required to submit genuine and sufficient documentation for all of your transactions in and holdings of Endo common stock set forth in the Schedule of Transactions in Part III of this Claim Form. Documentation may consist of copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from your broker containing the transactional and holding information found in a broker confirmation slip or account statement. The Parties and the Claims Administrator do not independently have information about your investments in Endo common stock. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OF THE DOCUMENTS OR EQUIVALENT DOCUMENTS FROM YOUR BROKER. FAILURE TO SUPPLY THIS DOCUMENTATION MAY RESULT IN THE REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Please keep a copy of all documents that you send to the Claims Administrator. Also, do not highlight any portion of the Claim Form or any supporting documents.
6. All joint beneficial owners each must sign this Claim Form and their names must appear as “Claimants” in Part II of this Claim Form. The complete name(s) of the beneficial owner(s) must be entered. If you purchased or otherwise acquired Endo common stock during the Class Period and held the shares in your name, you are the beneficial owner as well as the record owner. If you purchased or otherwise acquired Endo common stock during the Class Period and the shares were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial owner of these shares, but the third party is the record owner. The beneficial owner, not the record owner, must sign this Claim Form.
7. One Claim should be submitted for each separate legal entity. Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her XXX transactions with transactions made solely in the individual’s name). Conversely, a single Claim Form should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).
8. Agents, executors, administrators, guardians, and trustees must complete and sign the Claim Form on behalf of persons represented by them, and they must:
(a) expressly state the capacity in which they are acting;
(b) identify the name, account number, last four digits of the Social Security Number (or taxpayer identification number), address, and telephone number of the beneficial owner of (or other person or entity on whose behalf they are acting with respect to) the Endo common stock; and
(c) furnish herewith evidence of their authority to bind to the Claim Form the person or entity on whose behalf they are acting. (Authority to complete and sign a Claim Form cannot be established by stockbrokers demonstrating only that they have discretionary authority to trade securities in another person’s accounts.)
9. If you have questions concerning the Claim Form, or need additional copies of the Claim Form or a copy of the Notice, you may contact the Claims Administrator, JND Legal Administration, at the above address, by email at xxxx@XxxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, or by toll-free phone at 0-000-000-0000, or you can visit the website for the Settlement maintained by the Claims Administrator, xxx.XxxxXxxxxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, where copies of the Claim Form and Notice are available for downloading.
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General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of receive a payment from the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page [ ] of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of be eligible to receive a payment from the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in in, and holdings of, common stock of K12 common stockCentene Corporation (“Centene”). On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Centene common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
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General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency Proposed Settlement and Plan of Class Action and Certification of Settlement ClassAllocation; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the proposed Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. This Claim Form is directed to all persons or entities who purchased or acquired common stock of OvaScience, Inc. (“OvaScience”) between December 17, 2014 and September 28, 2015, inclusive (the “Class Period”) (the “Class”).
3. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT MEMBER OF THE CLASS MEMBER (see the definition of the Settlement Class on page in Paragraph 34 of the Notice, which sets forth states who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. ; YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBERSETTLEMENT. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
34. Submission of this Claim Form does not guarantee that you will share in the proceeds of be eligible to receive a payment from the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
45. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in in, and holdings of K12 of, OvaScience common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, acquisition and sales of K12 OvaScience common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
6. You are required to submit genuine and sufficient documentation for all of your transactions in and holdings of OvaScience common stock as set forth in the Schedule of Transactions in Part III of this Claim Form. Documentation may consist of copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from your broker containing the transactional and holding information found in a broker confirmation slip or account statement. The Parties and the Claims Administrator do not independently have information about your investments in OvaScience common stock. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OF THE DOCUMENTS OR EQUIVALENT DOCUMENTS FROM YOUR BROKER. FAILURE TO SUPPLY THIS DOCUMENTATION MAY RESULT IN THE REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Please keep a copy of all documents that you send to the Claims Administrator. Also, do not highlight any portion of the Claim Form or any supporting documents.
7. Use Part I of this Claim Form entitled “CLAIMANT INFORMATION” to identify the beneficial owner(s) of the OvaScience common stock. The complete name(s) of the beneficial owner(s) must be entered. If you held the OvaScience common stock in your own name, you were the beneficial owner as well as the record owner. If, however, your OvaScience common stock was registered in the name of a third party, such as a nominee or brokerage firm, you were the beneficial owner of the security, but the third party was the record owner. The beneficial owner, not the record owner, must sign this Claim Form to be eligible to participate in the Settlement. If there were joint beneficial owners, each must sign this Claim Form and their names must appear as “Claimants” in Part I of this Claim Form.
8. One Claim should be submitted for each separate legal entity or separately managed account. Separate Claim Forms should be submitted for each separate legal entity (e.g., an individual should not combine his or her XXX transactions with transactions made solely in the individual’s name). Generally, a single Claim Form should be submitted on behalf of one legal entity, including all holdings and transactions made by that entity on one Claim Form. However, if a single person or legal entity had multiple accounts that were separately managed, separate Claims may be submitted for each such account. The Claims Administrator reserves the right to request information on all the holdings and transactions in OvaScience common stock made on behalf of a single beneficial owner.
9. Agents, executors, administrators, guardians, and trustees must complete and sign the Claim Form on behalf of persons represented by them, and they must:
(a) expressly state the capacity in which they are acting;
(b) identify the name, account number, last four digits of the Social Security Number (or taxpayer identification number), address, and telephone number of the beneficial owner of (or other person or entity on whose behalf they are acting with respect to) the OvaScience common stock; and
(c) furnish herewith evidence of their authority to bind to the Claim Form the person or entity on whose behalf they are acting. (Authority to complete and sign a Claim Form cannot be established by stockbrokers demonstrating only that they have discretionary authority to trade securities in another person’s accounts.)
10. By submitting a signed Claim Form, you will be swearing that you:
(a) own(ed) the OvaScience common stock you have listed in the Claim Form; or
(b) are expressly authorized to act on behalf of the owner thereof.
11. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in the rejection of your claim and may subject you to civil liability or criminal prosecution.
12. If the Court approves the Settlement, payments to eligible Authorized Claimants pursuant to the Plan of Allocation (or such other plan of allocation as the Court approves) will be made after any appeals are resolved and after the completion of all claims processing. The claims process will take substantial time to complete fully and fairly. Please be patient.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 of, HeartWare common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 HeartWare common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Settlement, Final Approval Hearing; , and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim FormYou may also find the Settlement Stipulation at (i) xxx.XxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx, you will be certifying that you have read and that you understand (ii) by contacting Lead Counsel or the Claims Administrator (see Question Nos. 7 & 14 in the Notice), including (iii) by accessing the terms Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at xxxxx://xxx.xxxx.xxxxxxxx.xxx, or (iv) by visiting the office of the releases described therein Clerk of the Court for the United States District Court for the Northern District of California, 000 Xxxxxx Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxxxx, XX 00000, between 9:00 a.m. and provided for herein4:00 p.m., Monday through Friday, excluding Court holidays. BY SIGNING AND SUBMITTING THIS CLAIM FORM, YOU WILL BE CERTIFYING THAT YOU HAVE READ AND THAT YOU UNDERSTAND THE NOTICE, INCLUDING THE TERMS OF THE RELEASES DESCRIBED THEREIN AND PROVIDED FOR HEREIN.
2. By submitting this This Claim FormForm is directed to all Persons who purchased or otherwise acquired Portola Pharmaceuticals, you will be making a request Inc. common stock, which traded on the NASDAQ Global Select Market (Ticker: PTLA) (CUSIP: 000000000), during the period between January 8, 2019 through February 28, 2020, inclusive, and were allegedly damaged thereby, including those who purchased or otherwise acquired Portola Pharmaceuticals, Inc. common stock either in or traceable to share in the proceeds of the Portola’s secondary public offering on or about August 14, 2019, and were damaged thereby (“Settlement described in the NoticeClass”). IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see Any Person who falls within the definition of the Settlement Class on page is referred to as a “Settlement Class Member.”
3. Excluded from the Settlement Class are: (i) Defendants; (ii) members of the Noticeimmediate family of any Individual Defendant; (iii) any person who was an officer, director, or controlling person of Portola Pharmaceuticals, Inc. or any of the Underwriter Defendants; (iv) any subsidiaries or affiliates of Portola or any of the Underwriter Defendants; (v) any entity in which sets forth who is included in any such excluded party has, or had, a direct or indirect majority ownership interest; (vi) Defendants’ directors’ and who is officers’ liability insurance carriers, and any affiliates or subsidiaries thereof; and (vii) the legal representatives, heirs, successors-in-interest, or assigns of any such excluded persons or entities.2 Also excluded from the Settlement Class)Class is any Settlement Class Member that validly and timely requests exclusion in accordance with the requirements set by the Court.
4. If you are not a Settlement Class Member, OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORMdo not submit a Claim Form. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASSCLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE), ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
35. Submission of this Claim Form does not guarantee that If you are a Settlement Class Member, you will share be bound by the terms of any judgments or orders entered in the proceeds of Action WHETHER OR NOT YOU SUBMIT A CLAIM FORM, unless you submit a request for exclusion from the SettlementSettlement Class. The Thus, if you are a Settlement Class Member, the Judgment will release, and enjoin the filing or continued prosecution of, the Released Plaintiffs’ Claims against the Defendants and Defendants’ Releasees.
6. You are eligible to participate in the distribution of the Net Settlement Fund will be governed by only if you are a member of the Plan of Allocation set forth in the Notice, Settlement Class and if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of you complete and return this Claim Form as specified herein. If you fail to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedulesubmit a timely, please provide all of the requested information with respect to your holdings, purchases, acquisitionsproperly addressed, and sales of K12 common stockcompleted Claim Form with the required documentation, whether such transactions resulted in a profit or a loss. Failure to report all transaction your Claim may be rejected, and holding information during you may be precluded from receiving any distribution from the requested time period may result in the rejection of your claimNet Settlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand All capitalized terms not otherwise defined herein shall have the Notice same meanings ascribed to them in the Settlement Agreement, which can be downloaded at [settlement website].
2. To recover as a member of (I) Pendency of the Settlement Class Action and Certification of Settlement Class; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IV) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses based on your claims in the above-captioned class action lawsuit (the “NoticeAction”) that accompanies ), and/or to recover as a member of the Medical Expense Subclass and/or Tax Penalty Subclass in this Ac- tion, you must complete and sign this Claim Form. If you fail to submit a properly completed Claim Form, including then you will be precluded from any recov- ery in connection with the Plan of Allocation of proposed Settlement. And if you fail to submit a properly completed Claim Form and fail to request exclusion from the Net Settlement Fund Set- tlement as set forth in the accompanying “Important Notice About a Proposed Class Action Settlement That Affects You” (the “Class Notice. The Notice describes the proposed Settlement”), how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund then you will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used have your released your claims against Defendants in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTEDAction.
3. Submission YOU MUST MAIL OR SUBMIT ONLINE AT [WEBSITE NAME] YOUR COMPLETED AND SIGNED CLAIM FORM NO LATER THAN [SUBMITTAL DEADLINE], TO THE SETTLEMENT ADMINISTRATOR ADDRESSED AS FOLLOWS: HII Class Action Settlement Administrator c/o JND Legal Administration X.X. Xxx 00000 Xxxxxxx, XX 00000
4. The records of Defendants Health Insurance Innovations, Inc. and Health Plan Intermediaries Holdings, LLC (the “HII Defendants”) indicate that you are a member of the Settlement Class, which is defined as “All individuals who purchased the HII Defendants’ limited benefit indemnity plans and/or ancillary products such as medical discount plans through Simple Health or Nationwide Health within the applicable statute(s) of limitation, and paid fee(s) and/or a pre- mium(s) that were not completely recovered through a refund or chargeback.”
5. As members of the Settlement Class, you are receiving this Claim Form does not guarantee that you will share in and the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the accompanying Class Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
46. Use the Schedule of Transactions in Part III of If you complete this Claim Form properly and you timely submit it to supply the Settlement Administrator, then you will receive a cash settlement tied to the fees and premiums you paid for the HII Defendants’ limited benefit indemnity plans and/or ancillary products such as medical discount plans. The amount you will receive cannot be determined until all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claimClaim Forms are received.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of receive a payment from the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page in ¶ 23 of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of be eligible to receive a payment from the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III Parts III-V of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in in, and holdings of K12 of, HRG Group, Inc. (“HRG”) common stock, Spectrum Brands Legacy, Inc. (f/k/a Spectrum Brands Holdings, Inc.) (“Old Spectrum” or “pre-Merger Spectrum”) common stock, and/or Spectrum Brands Holdings, Inc. (“Spectrum” or “post-Merger Spectrum”) common stock. On this schedulethese schedules, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 common stockthese securities (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period periods may result in the rejection of your claim.
5. On July 13, 2018, Old Spectrum (then known as Spectrum Brands Holdings, Inc.) was wholly acquired by HRG in a reverse Merger (the “Merger”), with the surviving entity renamed “Spectrum Brands Holdings, Inc.” In connection with the Merger, holders of HRG common stock and Old Spectrum common stock received shares of Spectrum common stock, and HRG common stock and Old Spectrum common stock were no longer publicly traded following the closing of the Merger (after the market close on July 13, 2018). In the Schedule of Transactions in Parts III-V of this Claim Form, Claimants should state the share quantities and prices exactly as reflected in their supporting documentation.
Appears in 1 contract
Samples: Settlement Agreement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Certification of Settlement ClassProposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. Other definitions of defined terms indicated by initial capital letters are set forth in the Stipulation and Agreement of Settlement dated September 6, 2024 (“Stipulation”), and available at xxx.XxxxxxxXxxxxxxxxxXxxxxxxxxx.xxx. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER If you are not a Settlement Class Member (see the definition of the Settlement Class on page [ ] of the Notice), which sets forth who is included or if you, or someone acting on your behalf, submitted a request for exclusion from the Settlement Class, do not submit a Claim Form. You may not, directly or indirectly, participate in and who is the Settlement if you are not a Settlement Class Member. Thus, if you are excluded from the Settlement Class), OR IF YOUany Claim Form that you submit, OR SOMEONE ACTING ON YOUR BEHALFor that may be submitted on your behalf, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTEDwill not be accepted.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, Notice or by such other plan of allocation as the Court approves.
4. Use On the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 common stock. On this scheduleForm, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 Cerence common stockstock (including free transfers and deliveries), whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
Samples: Stipulation of Settlement
General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Certification of Settlement Class, and Proposed Settlement; (II) Proposed Settlement with Individual Defendants; (III) Settlement Fairness Hearing; and (IVIII) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement, how Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class on page of the Notice, which sets forth who is included in and who is excluded from the Settlement Class), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
3. Submission of this Claim Form does not guarantee that you will share in the proceeds of the Settlement. The distribution of the Net Settlement Fund will be governed by the Plan of Allocation set forth in the Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers and deliveries) in and holdings of K12 State Street common stock. On this schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions, and sales of K12 State Street common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
Appears in 1 contract
Samples: Settlement Agreement