09/12/2017 (3) - Laserfiche WebLink

Home Browse Search

14.. What am Igiving.a ;tostay•in.the'class? Unless you exclude yourself from the Settlement, you will give up your right to sue Barclays for the claims being resolved by this Settlement. The specific claims you are giving up against Barclays and all related parties are described in paragraphs 2(ff)-(hh) and 8(b) of the Settlement Agreement. You will be "releasing" Barclays and all related people as described in the Settlement Agreement. The released claims do not, however, include the following: • Certain claims that are subject of the October 7, 2014 Settlement between Barclays and the Exchange -Based Plaintiffs; • Claims under foreign law that relate to transactions outside the U.S.; • Claims to enforce any of the terms of the Settlement Agreement in this case; or • Claims that relate to or are from the purchase of non -U.S. Dollar LIBOR -based instruments or any other claims that do not arise out of the factual predicate of the OTC Action. Notwithstanding the foregoing, persons or entities that only purchased bonds issued by entities other than U.S. Dollar LIBOR Panel Banks are not members of this Settlement Class. Further, claims which are alleged in the Bondholder Plaintiff Action (Case No. 12 CY 1025 (NRB)) concerning U.S. Dollar LIBOR -Based Debt Securities are not released by the OTC Settlement. Thus, any claim based on a U.S. Dollar LIBOR - Based Debt Security may be asserted only against the Bondholder Settlement (and not the OTC Settlement), and will only be released pursuant to the Bondholder Settlement. Likewise, any claim based on a debt security tied to U.S. Dollar LIBOR that was issued by a Defendant (or a Defendant's subsidiary or affiliate) as obligor and was purchased directly from a Defendant (or a Defendant's subsidiary or affiliate) may be asserted only against the OTC Settlement (and not the Bondholder Settlement), and will only be released pursuant to the OTC Settlement.. Any OTC Class Member who is also a member of the class alleged in the Bondholder Plaintiff Action will be entitled to assert claims to share in the settlement pAilk established in both actions in accordance with the limitations set forth above:: Similarly, any member of the class in the Bondholder Plaintiff Action who is also a member of the OTC Class will be entitled to assert claims to share in both settlement funds in accordance with the limitations set forth above. In addition, claims concerning U.S. Dollar LIBOR -Based Instruments purchased from one or more Non - Defendant OTC Financial Institutions1 which are alleged in 33-35 Green Pond Road Assocs. LLC v. Bank of America Corp., et al. (Case No. 12 CV 5822 (NRB)) and Courtyard at Amwell Il, LLC, et al. v. Bank of America Corp., et al. (Case No. 12 CV 6693 (NRB)) class actions (collectively the "Non -Defendant OTC Action") are not released by the OTC Settlement. Accordingly, any OTC Class Member who is also a member of the class alleged in the Non -Defendant OTC Action will be entitled to assert claims to share in any settlement funds established in both actions. Similarly, any member of the class in the Non -Defendant OTC Action who is also a member of the OTC Class will be entitled to assert claims to share in any settlement funds established in both actions. Thus, a person or entity who purchased U.S. Dollar LIBOR - Based Instruments from Non -Defendant OTC Financial Institutions and also purchased U.S. Dollar LIBOR - Based Instruments directly from a Defendant (or subsidiary or affiliate of a Defendant) will be legally entitled to assert a claim to share in any Non -Defendant OTC Settlement with Barclays based on purchases of U.S. Dollar LIBOR -Based Instruments from Non -Defendant OTC Financial Institutions, and will also be legally entitled to assert a claim to share in the OTC Settlement based on U.S. Dollar LIBOR Based 1 The "Non -Defendant OTC Financial Institutions" are Wells Fargo & Company; Goldman Sachs Group, Inc.; Morgan Stanley; Metlife, Inc.; U.S. Bancorp; The PNC Financial Services Group, Inc.; The Bank of New York Mellon Corporation; Capital One Financial Corporation; Ally Financial Inc.; Suntrust Banks, Inc.; BB&T Corporation; TD Bank US Holding Company; State Street Corporation; Citizens Financial Group, Inc.; American Express Company; Regions Financial Corporation; Fifth Third Bancorp; Keycorp Cleveland; Unionbancal Corporation; Northern Trust Corporation; Bancwest Corporation; M&T Bank Corporation; Harris Financial Corporation; BBVA USA Bancshares, Inc., as well as any of their subsidiaries or affiliates. QUESTIONS? CALL 1-888- 568-7640 OR VISIT WWW.BARCLAYSLIBORSETTLEMENT.COM -7- P174