Common use of General Instructions Clause in Contracts

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 Settlement Class 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. 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 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 Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. 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 CLASS (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. 5. 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 approved by the Court. 8. Use the Schedules of Transactions in Parts III–V of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the 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 periods may result in the rejection of your claim.

Appears in 2 contracts

Sources: 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 Proposed SettlementCertification of Settlement Class; (II) Proposed Settlement Fairness with Individual Defendants; (III) Settlement Hearing; and (IIIIV) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the proceeds of the Settlement Class 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 therebydescribed in the Notice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesK12 common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesK12 common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods period may result in the rejection of your claim.

Appears in 2 contracts

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “Settlement Class Members.” 3. Excluded from described in the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members of the Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. Also excluded from the Class are any persons and entities who or that submit a request for exclusion that is accepted by the Court. 4Notice. If you are not a Settlement Class Member (see the definition of the Settlement Class on page [ ] of the Notice), 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 NOTYou may not, DIRECTLY OR INDIRECTLYdirectly or indirectly, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE CLASS (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. 5. If participate in the Settlement if you are not 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 Memberexcluded from the Settlement Class, the Judgment any Claim Form that you submit, or that may be submitted on your behalf, will release, and you will not 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’ Releaseesaccepted. 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. 73. 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, Notice or by such other plan of allocation approved by as the CourtCourt approves. 84. Use On the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of TransactionsForm, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH Securities▇▇▇▇▇ River Group Holdings, Ltd. (“▇▇▇▇▇ River”) common stock (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 periods period may result in the rejection of your claim.

Appears in 2 contracts

Sources: 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 Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the proceeds of the Settlement Class 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 therebydescribed in the Notice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on paragraph 18 of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH Lumber Liquidators Securities. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions purchases and sales of the applicable ZBH Lumber Liquidators Securities, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods period may result in the rejection of your claim.

Appears in 2 contracts

Sources: Settlement Agreement (Lumber Liquidators Holdings, Inc.), Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Action, Proposed Settlement; (II) Settlement Fairness Hearing; , and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “Settlement Class Members.” 3described in the Notice. Excluded from IF YOU ARE NOT A CLASS MEMBER (see the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members definition of the Immediate Families of each Class on page of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesKBR publicly traded common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesKBR 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 periods period may result in the rejection of your claim.

Appears in 2 contracts

Sources: 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 Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the proceeds of the Settlement Class 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 therebydescribed in the Notice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesDropbox Inc. (“Dropbox”) common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesDropbox common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods period may result in the rejection of your claim.

Appears in 2 contracts

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; , Final Approval Hearing and (III) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Settlement Notice”) that accompanies this Proof of Claim and Release (“Claim Form, ”) including the Plan of Allocation of the Net Settlement Fund set forth in the Settlement Notice. The Notice is also available on the Settlement website at: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 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 described therein and provided for herein. 2. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 Settlement Class 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. 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 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 Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not To be excluded from the Settlement Class. 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 CLASS (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. 5. 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 receive a share of the Net Settlement Fund only if you are a member in connection with the Settlement of the Settlement Class and if action entitled In re Grab Holdings Limited Securities Litigation, Case No. 1:22-cv-02189-JLR (S.D.N.Y.) (the “Action”), you must complete and return and, on page 6 below, sign this form as specified belowClaim Form. If you fail to submit a timely, timely and properly addressed, and completed addressed (as explained in paragraph 4 below) Claim Form with the required documentationForm, your claim may be rejected and you may be precluded from receiving not receive any distribution recovery from the Net Settlement FundFund created in connection with the proposed Settlement. 73. Submission of this Claim Form Form, however, does not guarantee assure that you will share in the proceeds of the Settlement. The distribution Settlement of the Net Action. 4. THIS CLAIM FORM MUST BE SUBMITTED ONLINE AT ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ NO LATER THAN , 2025, OR, IF MAILED, BE POSTMARKED NO LATER THAN , 2025, ADDRESSED AS FOLLOWS: Milwaukee, WI 53217 Toll-free: [ ] Fax: [ ] ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ 5. If you are a member of the Settlement Fund will be governed Class (as defined in the Notice) and you do not timely request exclusion in response to the Notice dated , 2025 you are bound by the Plan terms of Allocation set forth any judgment entered in the Settlement NoticeAction, if it is approved by including the Courtreleases provided therein, or by such other plan of allocation approved by the CourtWHETHER OR NOT YOU SUBMIT A CLAIM FORM OR RECEIVE A PAYMENT. 8. Use the Schedules of Transactions in Parts III–V of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the 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 periods may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (receive a payment from the Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 described in the Settlement Class 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 therebyNotice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page [ ] of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in in, and holdings of, common stock of the applicable ZBH SecuritiesCentene Corporation (“Centene”). On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesCentene common stock (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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed SettlementCertification of Settlement Class; (II) Proposed Settlement Fairness with Defendants; (III) Settlement Hearing; and (IIIIV) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the proceeds of the Settlement Class 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 therebydescribed in the Notice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesEndurance International Group Holdings, Inc. (“Endurance”) common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesEndurance common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed SettlementAllocation; (II) Settlement Fairness Hearing; and (III) 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 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. This Claim Form is directed to all persons or entities who purchased or acquired common stock of OvaScience, Inc. (“OvaScience”) between June 7December 17, 20162014 and September 28, and November 7, 20162015, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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”). 3. Included By submitting this Claim Form, you will be making a request to share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “Settlement Class Members.” 3described in the Notice. Excluded from IF YOU ARE NOT A MEMBER OF THE CLASS (see the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members definition of the Immediate Families of each Class in Paragraph 34 of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which states who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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. ), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 74. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 85. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in in, and holdings of the applicable ZBH Securitiesof, OvaScience common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisition and sales of the applicable ZBH SecuritiesOvaScience common stock (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 periods 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 ▇▇▇ 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

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand 1.1 The rates contained within the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion Pricing Schedule are, unless otherwise expressly agreed between the parties, firm. 1.2 The rates entered shall be deemed to include complete provision for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (full compliance with the “Settlement Notice”) that accompanies this Claim Form, including the Plan of Allocation requirements of the Net Settlement Fund set forth Contract. 1.3 The rates exclude VAT. 1.4 The rates entered in the Settlement NoticePricing Schedule shall include all travel and subsistence costs. Expenses will only be approved if supported by original receipts. The Settlement Notice describes Authority will only pay for expenses claimed that are in line with the proposed Settlement, how Settlement Class Members are affected Department’s guidelines for expenses. 1.5 The Authority will only make payment for overnight stays that have been authorised beforehand in writing by the SettlementAuthority's Representative. 1.6 Any extra expenses other than travel and subsistence must be priced separately in the Pricing Schedule. The Department will only pay for expenses claimed that are included in this pricing schedule and are deemed to be reasonable for delivery of the requirement. 1.7 Tenderers must include in the pricing schedules any discounts or any reduced pricing they are proposing to offer to the Authority in delivery of the requirements. Fixed fee arrangements as provided in the ITT Part B, paragraph 2.1, Outputs 1, 2, 3, 4, 6, 7, 8 and 9. COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Total Firm Price COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Fixed fee arrangements as provided in the manner ITT Part B, paragraph 2.2, Outputs 1, 2, 3, 4 and 5. COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Total Firm Price COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Fixed fee arrangements as provided in which the Net Settlement Fund ITT Part B, paragraph 2.3, Outputs 1, 2, 3, 4, 6, 7 & 8. COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Total Firm Price COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Partner Partner / Barrister COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Senior Solicitor 5 years or more post qualified experience COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Junior solicitor Up to 2 years post qualified experience COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Trainee Trainee Solicitor or Legal Executive COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Paralegal Part qualified lawyer COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Legal Consultant Technically qualified in some other area; for example Planning or environmental matters COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT Please detail in the table below work not covered by the Fixed Fee Arrangements. This is to understand your costs in respect of any outputs not covered in your Fixed Fee proposals. The extent of any such work required will be distributed if the Settlement and Plan of Allocation are approved agreed by the CourtAuthority’s Project Manager at the time. The Settlement Notice also contains the definitions of many of the defined terms Work not covered by Fixed Fee Arrangements e.g. Town Planning requirements (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 output 5 for herein. 2. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇▇▇ Biomet common stock ▇▇▇▇▇ and ▇▇▇ ▇▇▇▇ Way. Please specify outputs differentiating between each property and list the name(s) and grade(s) of personnel involved. (“ZBH Common Stock”), or a) Section 106 Agreement drafting and negotiation PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (2b) call options Section 106 Agreement drafting and negotiation ▇▇▇ ▇▇▇▇ Way PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (c) Advice on ZBH Common Stock planning applications for ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ site PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (“ZBH Call Options”), and/or d) Advice on planning applications for ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ site PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (3e) sold or wrote put options Advice on ZBH Common Stock planning applications for ▇▇▇ ▇▇▇▇ Way site PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (“ZBH Put Options”f) Advice on planning applications for ▇▇▇ ▇▇▇▇ Way site PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (together, the “Settlement Class”). Included g) Section 38/278 Agreement ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT (h) Section 38/278 Agreement ▇▇▇ ▇▇▇▇ Way PERSONAL INFORMATION REDACTED UNDER SECTION 40 OF THE FREEDOM OF INFORMATION ACT COMMERCIAL INFORMATION REDACTED UNDER SECTION 43 OF THE FREEDOM OF INFORMATION ACT This table is an estimated price not included in the Settlement Class 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 13evaluation price (please see ITT Part A, 2016 and/or ZBH’s public offering on or around August 9section B, 2016 and were damaged thereby. 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 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 Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. 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 CLASS (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. 5. 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 approved by the Court. 8. Use the Schedules of Transactions in Parts III–V of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the 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 periods may result in the rejection of your claim.paragraph 2.4

Appears in 1 contract

Sources: Tender Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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 for 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the proceeds of the Settlement Class 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 therebydescribed in the Notice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH Securities▇▇▇▇▇▇ Investment Management Corporation, now known as Ditech Holding Corporation (“WIMC”) common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the applicable ZBH SecuritiesWIMC 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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (receive a payment from the Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 described in the Settlement Class 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 therebyNotice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 in ¶ 23 of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III-V of this Claim Form to supply all required details of your transaction(s) (including free transfers) in in, and holdings of the applicable ZBH Securitiesof, 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 the Schedules of Transactionsthese schedules, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the applicable ZBH Securitiesthese 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 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

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “Settlement Class Members.” 3. Excluded from described in the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members of the Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. Also excluded from the Class are any persons and entities who or that submit a request for exclusion that is accepted by the Court. 4Notice. If you are not a Settlement Class Member (see the definition of the Settlement Class on page [ ] of the Notice), 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 NOTYou may not, DIRECTLY OR INDIRECTLYdirectly or indirectly, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE CLASS (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. 5. If participate in the Settlement if you are not 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 Memberexcluded from the Settlement Class, the Judgment any Claim Form that you submit, or that may be submitted on your behalf, will release, and you will not 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’ Releaseesaccepted. 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. 73. 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, Notice or by such other plan of allocation approved by as the CourtCourt approves. 84. Use On the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of TransactionsForm, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesCerence common stock (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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: Stipulation of Settlement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “Settlement Class Members.” 3. Excluded from described in the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members of the Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. Also excluded from the Class are any persons and entities who or that submit a request for exclusion that is accepted by the Court. 4Notice. 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, do not submit a Claim Form. YOU MAY NOTYou may not, DIRECTLY OR INDIRECTLYdirectly or indirectly, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE CLASS (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. 5. If participate in the Settlement if you are not 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 Memberexcluded from the Settlement Class, the Judgment any claim form that you submit, or that may be submitted on your behalf, will release, and you will not 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’ Releaseesaccepted. 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 below3. If your only purchases of OPKO common stock during the Class Period were made on the Tel Aviv Stock Exchange (the “TASE”) you fail to should not submit this Claim Form. Your eligibility for 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 Fundbased on shares purchased on the TASE will be determined based on information provided by your broker and does not require a Claim Form. 74. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 86. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securitiesof, OPKO common stock that were traded on U.S. exchanges. On the Schedules of Transactionsthis schedule, please provide all of the such requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesOPKO common stock (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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed SettlementSettlement with the Defendants; (II) Settlement Fairness Hearing; Hearing and (III) 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. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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, members of the “Settlement Class”). Included in the Settlement Class are ,” which consists of all persons or and entities who purchased or otherwise acquired ZBH the publicly-traded 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 of Alere Inc. (“Alere”) during the period from May 9, 2016 and were damaged thereby2013 through October 3, 2017, inclusive (the “Class Period”). ZBH Common StockBy submitting this Claim Form, Call Options, and Put Options are referred you will be making a request to collectively as “ZBH Securities.” All persons and entities that are members 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 are referred to as “Settlement Class Members.” 3. Excluded from the Settlement Class are: on page 7 (i¶ 20) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of Alere common stock during the applicable ZBH SecuritiesClass Period. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesAlere common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time 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 ▇▇▇ 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

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This Claim Form is directed to all persons or and entities who or which purchased or otherwise acquired publicly traded ▇▇▇▇▇▇ Pharmaceuticals, Inc. (“Adamas”) common stock (“Adamas Stock”) between June 7August 8, 20162017 through March 4, and November 7, 20162019, inclusive (the “Settlement Class Period”), purchased or otherwise acquired and were damaged thereby (1) ▇▇▇▇▇▇ 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 Settlement Class 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. 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 are referred to as “Settlement Class Members.” 3. Excluded from the Settlement Class are: (ia) Defendantspersons and entities that suffered no compensable losses; (b) all shares of Adamas common stock purchased or acquired directly in Adamas’ January 24, the PE Defendants2018 secondary public offering (which stock was issued pursuant to Adamas’ November 21, 2016 Registration Statement and the Underwriter DefendantsJanuary 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 ▇▇▇▇▇▇ during the Settlement Class Period, and members of the their Immediate Families of each of the Individual DefendantsFamilies; (iii) the present and former parents, subsidiaries, assigns, successors successors, affiliates, and predecessors of ZBH, the PE Defendants, and the Underwriter DefendantsAdamas; (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 any Defendant, Underwriter the Defendant or PE Defendant Adamas has or had a controlling interest; (v) any trust of which Defendant is the settler or which is for the benefit of the Defendant and/or member(s) of his Immediate Family; (vi) Defendant’s liability insurance carriers; and (vii) the legal representatives, heirs, successors-in-interest or , and assigns of any such person or entity excluded party; provided, however, that any Investment Vehicle shall not be excluded from the Settlement Classunder provisions (i) through (vi) hereof. Also excluded from the Settlement Class are any persons and entities who or that 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 indirectly through one or more intermediaries, control, are controlled by or are under common control with ▇▇▇▇▇▇ 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 CLASS (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. 5. 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’ Plaintiff’s Claims (including Unknown Claims) against the Defendants’ 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by the Court. 8. Use the Schedules of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH SecuritiesAdamas Stock. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the applicable ZBH SecuritiesAdamas Stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods may result in the rejection of your claim.

Appears in 1 contract

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This Claim Form is directed to all persons or entities who between June 7that, 2016during the period from October 25, and November 72017 through February 21, 20162018, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ Biomet shares of Kraton Corporation 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 ClassKraton Securities”). Included in the Settlement Class 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. 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 are referred to as “Settlement Class Members.” 3. Excluded from the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter are Defendants; (ii) the present and former officers and directors of Kraton at all relevant times; members of the their Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the their legal representatives, heirs, successors-in-interest , or assigns assigns, and any entity in which any of the Defendants, or any such person excluded party; providedunder this provision, however, that any Investment Vehicle shall not be excluded from the Settlement Classhas or had a majority ownership interest. Also excluded from the Class are any persons and entities who or that submit a request requests for exclusion that is are accepted by the Court. 4. If you are not a Settlement Class Member 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 CLASS (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. 5. 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 commencingenjoin the filing or continued prosecution of, 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 the 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 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 approved by the Court. 8. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Kraton Securities. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the applicable ZBH Kraton Securities, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods may result in the rejection of your claim.

Appears in 1 contract

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Proposed Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (, available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by contacting the “Settlement Notice”) that accompanies this Claim FormClaims Administrator, 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 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 Settlement 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 between June 7A. To recover as a Member of the Class, 2016you must complete, sign, and November 7submit 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, 2016your claim may be rejected, inclusive (and you may be precluded from any recovery from the Settlement Class Period”)Fund created in connection with the proposed Settlement of the Litigation. B. Submission of this Proof of Claim and Release form, purchased or otherwise acquired (1) however, does not 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., ▇.▇. ▇▇▇ , ▇▇▇▇▇▇▇▇▇, ▇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 Settlement Class 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. 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 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 Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. 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 CLASS (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. 5. D. If you are a Member of the Class (as certified by the Court and defined in the Notice of Proposed Class Action Settlement Class Member(hereinafter, “Notice”)) and Stipulation, you will be bound by the terms of any judgments order of dismissal or orders judgment entered in the Action 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, unless you submit a request for exclusion may seek to exclude yourself from the Class. Thus, and, if you are a Class Memberthe request is deemed valid, 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 payment from the Net Settlement Fund. 7. Submission DO NOT submit both a Proof of this Claim Form does not guarantee that you and a request for exclusion. Doing so will share in the proceeds 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 Stipulation and Agreement of Settlement Notice(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 approved by the Court. 8. Use the Schedules of Transactions in Parts III–V of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the 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 periods may result same meanings as in the rejection of your claimStipulation. The Stipulation can be obtained at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.

Appears in 1 contract

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This Claim Form is directed to all persons or and entities who between June 7that, 2016during the period from October 26, and 2010, through November 7, 20162014, inclusive (the “Settlement Class Period”), purchased or otherwise acquired the Rayonier common stock (1) CUSIP ▇▇▇▇▇▇ 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 Settlement Class 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. 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 are referred to as “Settlement Class Members.” 3. Excluded from the Settlement Class are: are (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members of the Immediate Families Family of each of the Individual DefendantsDefendant; (iii) any person who was an Officer or director of Rayonier during the parents, subsidiaries, assigns, successors and predecessors of ZBH, the PE Defendants, and the Underwriter DefendantsSettlement Class Period; (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, firm or other entity in which any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interestinterest during the Settlement Class Period; (v) any affiliates, 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 in- interest, or assigns of any such excluded party; providedperson or entity, however, that any Investment Vehicle shall not be excluded from the Settlement Classin their respective capacity as such. Also excluded from the Settlement Class are any persons and or entities who or that submit which exclude themselves by submitting a request for exclusion that is accepted by the Court. 4. If you are not a Settlement Class Member Member, or if you, or someone acting on your behalf, submits 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 (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. 5. 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, release and you will be barred and enjoined from commencing, instituting, prosecuting enjoin the filing or continuing to prosecute any action or other proceeding in any court continued prosecution of law or equity, arbitration tribunal or administrative forum, asserting each and every the Released Plaintiffs’ Claims (including Unknown Claims) against the Defendants’ 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by the Court. 8. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH SecuritiesRayonier common stock. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the applicable ZBH SecuritiesRayonier common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods may result in the rejection of your claim.

Appears in 1 contract

Sources: Stipulation and Agreement of Settlement

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 Proposed SettlementAllocation; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (receive a payment from the Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 described in the Settlement Class 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 therebyNotice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page [ ] of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in in, and holdings of, common stock of the applicable ZBH SecuritiesCognizant Technology Solutions Corporation (“Cognizant”). On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesCognizant common stock (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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: Stipulation and Agreement of Settlement

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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses Expenses; and (the III) Settlement Fairness Hearing (Settlement Notice”) that accompanies this Claim Form), including available for download on the Plan of Allocation of website ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Certain persons and entities are excluded from the Net Settlement Fund Class by definition as set forth in ¶ 20 of the Settlement Notice. The Settlement 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 Settlement 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 Settlement Notice, including the terms of the releases Releases described therein and provided for herein. 2. This By submitting this Claim Form is directed Form, you are making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “described in the Notice. IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see definition of Settlement Class Members.” 3. Excluded from the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members contained in ¶ 20 of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice), subsidiariesOR IF YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE SETTLEMENT CLASS, 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. 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. DO NOT SUBMIT A CLAIM 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesEndo common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesEndo common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods 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 ▇▇▇ 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 ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, or by toll-free phone at ▇-▇▇▇-▇▇▇-▇▇▇▇, or you can visit the website for the Settlement maintained by the Claims Administrator, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, where copies of the Claim Form and Notice are available for downloading.

Appears in 1 contract

Sources: 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 Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (the “see definition of Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members page of the Settlement Class are referred to as “Settlement Class Members.” 3. Excluded from the Settlement Class are: (i) DefendantsNotice, the PE Defendants, which sets forth who is included in and the Underwriter Defendants; (ii) members of the Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesState Street common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesState 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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (receive a payment from the Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 described in the Settlement Class 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 therebyNotice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page [ ] of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in in, and holdings of, common stock of the applicable ZBH SecuritiesMerit Medical Systems, Inc. (“Merit”). On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesMerit common stock (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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Action, Certification of Settlement Class, and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This Claim Form is directed to all persons or entities who or that, between June 7July 30, 20162019, and November 7February 18, 20162020, inclusive (the “Settlement Class Period”), purchased or otherwise acquired Groupon, Inc. (1“Groupon”) ▇▇▇▇▇▇ Biomet common stock (“ZBH Common Groupon Stock”), or ) and were damaged thereby (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 Settlement Class 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. 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 are referred to as “Settlement Class Members.” 3. Excluded from the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) any person who served as a control person, executive officer and/or director of Groupon during the Settlement Class Period, and members of the his or her Immediate Families of each of the Individual DefendantsFamily; (iii) the present and former parents, subsidiaries, assigns, successors successors, affiliates, and predecessors of ZBH, the PE Defendants, and the Underwriter DefendantsGroupon; (iv) any persons who served as partners, control persons, officers, and/or directors of ZBH, the PE Defendants, and the Underwriter entity in which Defendants have or had a controlling interest during the Settlement Class Period and/or at any other relevant timePeriod; (v) Defendants’ liability insurance carriers; (vi) any firm, trust, corporation, or other entity in trust of which any Defendant, Underwriter Individual Defendant is the settlor or PE that is for the benefit of any Individual Defendant has and/or member(s) of his or had a controlling interesther Immediate Family; and (viivi) the legal representatives, heirs, successors-in-interest or , and assigns of any such person or entity excluded party; provided, however, that any Investment Vehicle shall not be excluded from the Settlement Classunder provisions (i) through (v) hereof. Also excluded from the Settlement Class are any persons and entities who or that submit 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 CLASS (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. 5. 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 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 approved by the Court. 8. Use the Schedules of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH SecuritiesGroupon Stock. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the applicable ZBH SecuritiesGroupon Stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses based on your claims in the above-captioned class action lawsuit (the “Settlement 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 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. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive That Affects You” (the “Settlement Class PeriodNotice”), purchased or otherwise acquired (1) then you will also have your released your claims against Defendants in this Action. 3. 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 ▇.▇. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇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 Settlement Class 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. 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 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 Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. 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 NOTThe records of Defendants Health Insurance Innovations, DIRECTLY OR INDIRECTLYInc. and Health Plan Intermediaries Holdings, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE CLASS LLC (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. 5. 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“HII Defendants”) against the Defendants’ Releasees. 6. You are eligible to participate in the distribution of the Net Settlement Fund only if 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 and the accompanying Class and if you complete and return this form as specified belowNotice. 6. 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 complete this Claim Form does not guarantee that properly and you timely submit it to the Settlement Administrator, then you will share in receive a cash settlement tied to the proceeds of fees and premiums you paid for the SettlementHII Defendants’ limited benefit indemnity plans and/or ancillary products such as medical discount plans. The distribution of the Net Settlement Fund amount you will receive cannot 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 approved by the Courtdetermined until all Claim Forms are received. 8. Use the Schedules of Transactions in Parts III–V of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securities. On the Schedules of Transactions, please provide all of the requested information with respect to your holdings, purchases, acquisitions and sales of the 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 periods may result in the rejection of your claim.

Appears in 1 contract

Sources: Settlement Agreement

General Instructions. 1. It is important that you completely read and understand the Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the proceeds of the Settlement Class 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 therebydescribed in the Notice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesDole common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesDole common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods 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 ▇▇▇ 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

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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 Settlement NoticeNotice (“Plan of Allocation”). 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 Releases described therein and provided for herein. 2. This Claim Form is directed to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 Settlement Class are all persons or entities who purchased or otherwise acquired ZBH Walgreen Co. (“Walgreens”) common stock pursuant to and/or traceable to ZBH’s public offering on or around June 13during the Class Period (i.e., 2016 and/or ZBH’s public offering on or around the period between April 17, 2014 and August 95, 2016 2014, inclusive), and were damaged thereby. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All Certain persons and entities that are members of the Settlement Class 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 Immediate 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (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. Also excluded from the Class by definition as set forth in ¶ 28 of the Settlement Notice. 3. By submitting this Claim Form, you are any persons and entities who or that submit making a request for exclusion that is accepted by to share in the Court. 4proceeds of the Settlement described in the Settlement Notice. If you are not a IF YOU ARE NOT A CLASS MEMBER (see definition of “Class” contained in ¶ 28 of the Settlement Class Member do not submit a Claim Form. Notice), OR IF YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE CLASS IN CONNECTION WITH THE PREVIOUSLY DISSEMINATED CLASS NOTICE AND ARE LISTED ON APPENDIX 1 TO THE STIPULATION, DO NOT SUBMIT A CLAIM 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 74. 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 approved by as the CourtCourt approves. 85. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transferstransfers and deliveries) in and holdings of the applicable ZBH SecuritiesWalgreens common stock. On the Schedules of Transactionsthis Schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesWalgreens common stock, whether such transactions resulted in a profit or a loss. Failure to report all transaction and holding information during the requested time periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (the “Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 share in the Settlement Class 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. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members proceeds of the Settlement Class are referred to as “Settlement Class Members.” 3described in the Notice. Excluded from IF YOU ARE NOT A CLASS MEMBER (see the Settlement Class are: (i) Defendants, the PE Defendants, and the Underwriter Defendants; (ii) members definition of the Immediate Families of each Class on page of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, SUBMITTED A REQUEST FOR EXCLUSION FROM THE 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in and holdings of the applicable ZBH Securitiesof, HeartWare common stock. On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesHeartWare common stock (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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: 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 Proposed Settlement; (II) Settlement Fairness Hearing; and (III) 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. This By submitting this Claim Form is directed Form, you will be making a request to all persons or entities who between June 7, 2016, and November 7, 2016, inclusive (receive a payment from the Settlement Class Period”), purchased or otherwise acquired (1) ▇▇▇▇▇▇ 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 described in the Settlement Class 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 therebyNotice. ZBH Common Stock, Call Options, and Put Options are referred to collectively as “ZBH Securities.” All persons and entities that are members IF YOU ARE NOT A SETTLEMENT CLASS MEMBER (see the definition of the Settlement Class 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 on page [ ] of the Immediate Families of each of the Individual Defendants; (iii) the parentsNotice, subsidiaries, assigns, successors which sets forth who is included in 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 any Defendant, Underwriter Defendant or PE Defendant has or had a controlling interest; and (vii) the legal representatives, heirs, successors-in-interest or assigns of any such excluded party; provided, however, that any Investment Vehicle shall not be is excluded from the Settlement Class. 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), 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 CLASS (AS SET FORTH IN PARAGRAPH 3 ABOVE)SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. 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. 73. 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 Settlement Notice, if it is approved by the Court, or by such other plan of allocation approved by as the CourtCourt approves. 84. Use the Schedules Schedule of Transactions in Parts III–V Part III of this Claim Form to supply all required details of your transaction(s) (including free transfers) in in, and holdings of, common and preferred American Depositary Receipts (“ADRs”) of the applicable ZBH SecuritiesVale S.A. (“Vale”). On the Schedules of Transactionsthis schedule, please provide all of the requested information with respect to your holdings, purchases, acquisitions acquisitions, and sales of the applicable ZBH SecuritiesVale common and 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 periods period may result in the rejection of your claim.

Appears in 1 contract

Sources: Stipulation and Agreement of Settlement