Laserfiche WebLink
6. Pro Rata Claim. The Pro Rata Claim of each Authorized Claimant will be determined by calculating each Authorized <br />Claimant's pro grata share of the Net Allocation Funds. This will be calculated in the following three steps: <br />I <br />a. First, each Authorized Claimant's "notional stake" is calculated. An Authorized Claimant's notional stake equals the <br />sum of the notional stakes for each of its qualifying Municipal Transactions. The notional stake of a qualifying Municipal <br />Transacdoni equals the notional amount of the transaction' at issuance multiplied by the term of the transaction in years. <br />For example, if an Authorized Claimant had a qualifying transaction with $1 million notional amount, which was <br />executed ori February 1, 2010 with a maturity date of August 1, 2020, then the notional stake of that transaction would <br />be: (notional amount = $1 million) * (term = 10.5 years) = $ 10.5 million. If a transaction gives rise to an Offered Claim <br />(as defined below), however, the notional stake for that transaction is zero. <br />b. Second, Ieach Authorized Claimant's "notional share" is calculated. This is calculated by dividing each Authorized <br />Claimant's notional stake by the sum of the notional stakes of all Authorized Claimants. For example, if an Authorized <br />Claimant has a notional stake of $10.5 million, and the total notional stake of all claimants combined is $1050 million, <br />then that Authorized Claimant's notional share is .01. <br />c. Third, the Pro Rata Claim for each Authorized Claimant is calculated by multiplying theaggregate amount in the <br />Net Allocation Funds by that Claimant's notional share. <br />4 <br />7. Offered Claim. An Offered Claim is a claim for a qualifying Municipal Transaction for which the State AGs offered the <br />Authorized Claimant a payment under any of the State AG Settlements with GE, Wachovia, JPMorgan, Bank of America <br />or UBS but the claimant did not accept the offer. The amount of an Offered Claim equals the amount offered by the State <br />AGs for that transaction (but declined). However, if a Class Member has already received the full amount of an Offered <br />Claim for a Transaction from a prior distribution of Class Settlement funds in this litigation, then the qualifying Municipal <br />Transaction will not be treated as an Offered Claim but instead will be treated in the same manner as other qualifying <br />Municipal Transactions (see paragraph 6 above). <br />8. Recognized Claim. A Recognized Claim is calculated by adding each claimant's Pro Rata Claim to its Offered Claim(s). <br />9. Allocation, The Net Allocation Fund shall be distributed to the Authorized Claimants, as follows and in the following order: <br />a. The Net UBS shall be distributed in the following manner: <br />i. No Authorized Claimant who accepted a State AG offer from the State AG Settlement with UBS shall receive <br />any distribution from the UBS Fund for any portion of its Pro Rata Claim that is based on a transaction with UBS <br />between January 1, 2001 and December 31, 2006. <br />ii. Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equals <br />the amount' of their Offered Claim(s), to the extent funds are available. <br />iii. The remaining portion of the UBS Fund shall be distributed, on a pro rata basis, to the Authorized Claimants in <br />an amount based on their remaining Pro Rata Claims, to the extent funds are available <br />b. The Net Natixis Fund shall be distributed in the following manner: <br />i. Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equals <br />the amountlof their Offered Claim(s), to the extent funds are available. <br />ii. The remaining portion of the Net Natixis Fund shall be distributed, on a pro rata basis, to the Authorized <br />Claimants to an amount based on their remaining Pro Rata Claims, to the extent funds are available. <br />c. -The Net Soc Gen Fund shall be distributed in the following manner: <br />I. Authorized Claimants shall first be paid, on a pro rata basis, the portion of their Recognized Claim that equals <br />the amount of their remaining Offered Claim(s), to the extent funds are available. <br />"The notional amount of a transaction can be recorded in different ways. Depending on the information available, the following notional amount will <br />be used, in order of preference: the notional amount recorded in the provider's transactional data; the average notional amount; the starting notional <br />amount; and the maximul.l notional amount. <br />-2- 65 <br />