In re Herald, Primeo and Thema Funds Securities Litigation

Filing 231

FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #234) - MOTION to Approve of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F-1)(Chang, Albert) Modified on 6/29/2011 (lb).

EXHIBIT A-2
NET SETTLEMENT FUND PLAN OF ALLOCATION
The Net Settlement Fund will be distributed to Settlement Class Members who
submit valid, timely Proof of Claim, Release and Assignment Forms (“Authorized Claimants”)
under the Plan of Allocation described below.
To the extent there are sufficient funds in the Net Settlement Fund, each Authorized
Claimant will receive an amount equal to the Authorized Claimant’s claim, as defined below. If,
however (and as is more likely), the amount in the Net Settlement Fund is not sufficient to permit
payment of the total claim of each Authorized Claimant, then each Authorized Claimant shall be
paid the percentage of the Net Settlement Fund that each Authorized Claimant’s claim bears to
the total of the claims of all Authorized Claimants. Payment in this manner shall be deemed
conclusive against all Authorized Claimants.
A claim will be calculated as follows:
Ninety-five percent (95%) of the Net Settlement Fund will be distributed to Authorized
Claimants based upon the aggregate purchase price of all Fund shares purchased by the
Authorized Claimant less the proceeds received from any sales, transfers, or redemptions of
Fund shares.
In addition, five percent (5%) of the Net Settlement Fund will be distributed to
Authorized Claimants based upon an assumed rate of return of four percent (4%) per year simple
interest for investments owned and maintained in Fund shares by the Authorized Claimant
during the period from January 12, 2004 through December 14, 2008, inclusive. Authorized
Claimants who realized more than a 4% rate of return per year on investments during the period
from January 12, 2004 to December 14, 2008 will receive no payment.

The rate of return

calculation shall take into account returns realized from redemptions but not any returns realized
from other sources including distributions made under this Settlement.
The date of purchase, acquisition or sale (as reflected in the records of the Administrator)
is the “contract” or “trade” date as distinguished from the “settlement” date.
The Court has reserved jurisdiction to allow, disallow or adjust the claim of any
Settlement Class Member on equitable grounds.
Payment pursuant to the Plan of Allocation set forth above shall be conclusive against all
Authorized Claimants. No Person shall have any claim of any kind against the Defendants or
their Related Parties with respect to the investment or distribution of the Settlement Fund. No
Person shall have any claim against Lead Plaintiff, Plaintiff’s Counsel or any claims
administrator or other person designated by Plaintiff’s Counsel based on distributions made
substantially in accordance with the Stipulation and the settlement contained therein, the Plan of
Allocation, or further orders of the Court. All Settlement Class Members who fail to complete
and file a valid and timely Proof of Claim, Release and Assignment form shall be barred from
participating in distributions from the Net Settlement Fund (unless otherwise ordered by the
Court), but otherwise shall be bound by all of the terms of the Stipulation, including the terms of
any judgment entered and the releases given.

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