|
PART I —GENERAL INSTRUCTIONS
<br />1. It is important that you completely read and understand the Notice that accompanies this Claim Form. The
<br />Notice describes the proposed Settlement with the GEO Settling Parties, how Direct Purchaser Settlement Class
<br />Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the
<br />Settlement is approved by the Court. The Notice also contains the definitions of many of the defined terms (which
<br />are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will
<br />be certifying that you have read and that you understand the Notice, including the terms of the releases described
<br />therein and provided for herein.
<br />2. To be eligible for a payment from the Settlement, you must be a Direct Purchaser Settlement Class
<br />Member. The Direct Purchaser Settlement Class is defined as all persons or entities that purchased Alum in
<br />the United States directly from a Defendant from January 1, 1997 through February 28, 2011.' Excluded from
<br />the Direct Purchaser Settlement Class are (1) Defendants and their respective parents, subsidiaries, and affiliates, and
<br />(2) any Direct Purchasers who timely and validly elect to be excluded from the Direct Purchaser Settlement Class.
<br />3. Important - Please Note: There is a related settlement with entities that purchased Alum from distributors
<br />or from other direct purchasers (Le., "indirect purchasers"). This Claim Form does not pertain to the settlement
<br />involving the indirect purchasers. Information about the settlement between the indirect purchasers and the GEO
<br />Settling Parties can be found by visiting the website www.LiquidAluminumSulfate.com. DO NOT SUBMIT THIS
<br />CLAIM FORM IF YOU ARE AN INDIRECT PURCHASER.
<br />4. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement
<br />described in the Notice. IF YOU ARE NOT A DIRECT PURCHASER SETTLEMENT CLASS MEMBER (see
<br />definition of Direct Purchaser Settlement Class on page 5 of the Notice), OR IF YOU SUBMITTED A REQUEST
<br />FOR EXCLUSION FROM THE DIRECT PURCHASER SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM
<br />FORM. YOU MAY NOT PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A DIRECT PURCHASER -
<br />SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE DIRECT PURCHASER
<br />SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE'SUBMITTED ON
<br />YOUR BEHALF, WILL NOT BE ACCEPTED.
<br />5. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and
<br />the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States
<br />of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in
<br />the rejection of your claim and may subject you to civil liability or criminal prosecution.
<br />6. Please be aware that there are specialized companies that may offer to fill out and file your Claim Form in
<br />return for a percentage of the value of your claim. Before you sign a contract with one of these companies, you
<br />should examine the claim -filing process provided here and decide whether using a specialized company is worth the
<br />cost. You can always seek help free of charge from the Settlement Administrator or Interim DPP Lead Counsel.
<br />7. If the Court approves the Settlement, payments to eligible Direct Purchaser Settlement Class Members will
<br />be made after the Court grants final approval to the Settlement, after all appeals are resolved, and after the
<br />completion of all claims processing. This process could take substantial time. Please be patient.
<br />8. If you have questions concerning the Claim Form, or need additional copies of the Claim Form or the Notice,
<br />you may contact the Settlement Administrator, at the above address or by toll-free phone at 1-855-338-6128, or you
<br />may download the documents from the website www.LiquidAluminumDirectSettlement.com. You may also contact
<br />Interim DPP Lead Counsel, James E. Cecchi, Esq., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., 5 Becker
<br />Farm Road, Roseland, NJ 07068; 973-994-1700.
<br />Defendants are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC,
<br />GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade
<br />Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., GEO Specialty Chemicals, Inc., USALCO, LLC,
<br />Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J.
<br />Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey, Milton Sundbeck, Matthew LeBaron and Scott Wolff.
<br />Wi
<br />
|