Anwar et al v. Fairfield Greenwich Limited et al

Filing 1398

SETTLEMENT AGREEMENT Citco Defendants. Document filed by Julia Anwar. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B)(Finkel, Robert)

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EXHIBIT A-2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PASHA ANWAR, et al., Plaintiffs, Master File No. 09-cv-118 (VM) v. FAIRFIELD GREENWICH LIMITED, et al., Defendants. SUMMARY NOTICE TO: All beneficial owners of shares or limited partnership interests in Fairfield Sentry Limited, Fairfield Sigma Limited, Fairfield Lambda Limited, Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. (collectively, the “Funds”) as of December 10, 2008 (whether as holders of record or traceable to a shareholder or limited partner account of record) (“Beneficial Owners”), who suffered a Net Loss of principal invested in the Funds (collectively, the “Settlement Class”). If you meet the above class definition, you could get a payment from a class action settlement. A federal court authorized this Notice. This is not a solicitation from a lawyer. YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Southern District of New York, that a hearing will be held on November____, 2015, at ______.m., before The Honorable Victor Marrero, at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York (the “Court”), for the purpose of determining (1) whether the proposed settlement of claims against the Citco Defendants in the above-captioned Action for consideration of the sum of $125,000,000 in cash , should be approved by the Court as fair, reasonable and adequate; (2) whether this Action should be dismissed with prejudice as to the Citco Defendants pursuant to the terms and conditions set forth in the Stipulation dated as of August 12, 2015; (3) whether the proposed plan to distribute the settlement proceeds (the “Plan of Allocation”) is fair, reasonable and adequate and therefore should be approved; and (4) whether the application of Plaintiffs’ Lead Counsel for the payment of attorneys’ fees and expenses incurred in connection with this Action should be approved. If you were a Beneficial Owner of shares or limited partnership interests in one or more of the Funds as of December 10, 2008 and suffered a Net Loss in principal on your investment in those shares or limited partnership interests, your rights may be affected by this Settlement, including the release and extinguishment of claims you may possess relating to your ownership interest in the Funds. Net Loss means the total cash investment made by a Beneficial Owner in a Fund, directly or indirectly through one or more intermediaries, less the total amount of any redemptions or withdrawals or recoveries from any source by that Beneficial Owner from or with respect to the same Fund. If you are a member of the Settlement Class, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release form that is received no later than _______, 2016, establishing that you are entitled to recovery. If you desire to be excluded from the Settlement Class, you must submit a request for exclusion that is received by _____________, 2015. Any objection to any aspect of the Settlement must be filed with the Court no later than ___________, 2015. If you wish to receive a detailed Notice concerning the terms of the Settlement or the Proof of Claim and Release form, you may obtain copies by writing to Rust Consulting, Inc., P.O. Box 2874, Faribault, MN 55021-8674, or by visiting: DO NOT TELEPHONE THE COURT, THE CLERK’S OFFICE OR ANY OF THE DEFENDANTS OR COUNSEL FOR THE DEFENDANTS REGARDING THIS NOTICE. DATED: AUGUST____, 2015 BY ORDER OF THE COURT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

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