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 F-1
First Amendment to Stipulation and Agreement of Partial Settlement
This First Amendment to the Stipulation and Agreement of Partial Settlement, dated June
17, 2011, (the “First Settlement Amendment”) is entered into by and among entered into by and
among lead plaintiff Neville Seymour Davis (the “Lead Plaintiff”), on behalf of himself and the
Settlement Class, and Defendants HSBC Securities Services (Ireland) Limited (“HSSI”), HSBC
Institutional Trust Services (Ireland) Limited (“HTIE”), HSBC Holdings plc and, in the event
Lead Plaintiff’s motion to amend the Amended Complaint is granted, HSBC Bank USA, N.A.
(collectively, the “HSBC Defendants” or the “Settling Defendants,” and together with the Lead
Plaintiff, the “Settling Parties”).
The Settling Parties hereby agree to amend the Stipulation of Partial Settlement, dated
June 7, 2011, (the “Stipulation”), as follows:
1. Paragraph 1.8 is amended to read as follows:
“‘Escrow Account’ means the interest bearing account (to the extent available)
maintained by the Escrow Agent at Citibank.”
2. Paragraph 1.27 is amended to read as follows:
“‘Released Claims’ shall mean all claims, counterclaims, rights, causes of action,
or liabilities of every nature and description, whether known or Unknown (as defined
herein), whether arising under federal, state, common or foreign law, that were or
could have been asserted in the Action or any other action in the United States or
elsewhere in any jurisdiction throughout the world in which the Released Parties are
domiciled or otherwise subject to jurisdiction, by any Settlement Class Member, that
arise out of, are based upon, or related to the allegations, transactions, facts, matters,
or occurrences set forth or referred to in the Amended Complaint or the Proposed
Amended Complaint concerning or relating to investments in the Fund, or that would
be barred by res judicata or collateral estoppel if the claims asserted in the Action
had been fully litigated on the merits to a final judgment in favor of the party against
whom such claims were brought.
‘Released Claims’ does not include claims, rights or causes of action or liabilities
whatsoever related to the enforcement of the Settlement, including, without limitation,
any of the terms of this Stipulation or orders or judgments issued by the courts in
connection with the Settlement or any claims asserted or that could be asserted
against the Non-Settling Defendants.”

3. Paragraph 2.14 is amended to read as follows:
“In consideration of the Settlement Amount, Settlement Class Members who elect to
participate in the Settlement by filing a Proof of Claim, Release and Assignment will
execute an assignment in the form set forth in Part V(B) of Exhibit A-4 attached
hereto, irrevocably conveying to Lead Plaintiff the right to pursue, on their behalf
and for their benefit, claims concerning or relating to investments in the Fund arising
out of, based upon, or relating to the allegations, transactions, facts, matters, or
occurrences set forth or referred to in the Amended Complaint or the Proposed
Amended Complaint against all Non-Settling Defendants, any of their affiliates, or
any other persons or entities in any domestic or foreign forum (the “Assigned
Claims”). The assignment shall also contain a full and complete release,
indemnifying Lead Plaintiff from any and all claims relating to the pursuit of such
assigned claims and causes of action.”
In all other respects, the terms of the Stipulation are unchanged and remain in full force
and effect.
All capitalized terms used but not otherwise defined herein shall have the meanings
ascribed to them in the Stipulation.
IN WITNESS WHEREOF, the parties hereto have caused this First Settlement
Amendment to be executed, dated June 17, 2011.

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2

><ilk Seymour Davis
Evan A. Davis
Court Appoi nted Lead Plainff
utorney-in-Fact
CHAPIN FITZGERALD
SULLIVAN & BGITNI LLP(

iSBC SECURTIES SERVICES

Evan A. Davis
Francis A. Bottini, Jr.
Albert Y.Chang
550 West C Street Suite 2000
San Diego, CA 92101
(619) 241-4A 10 Phone
(61i9) 955-53 18 Fax

Attorney-in--Fact

Lead Counselfor Lead PlaintzfffNeville
Seymnour Davis
Attorney-in-Fact
HS CAN USA,
Evan A. Davis
Attorney-in-Fact
CLEARY GOTTLIE3B STEEN &

HAMIW

LLP

Bly:
Evan A. Davis
David E3. Brodsky
One Liberty Plaza
New York, NY 10006
[phone] Phone
[phone] Fax