CALCULATION OF THE DISTRIBUTION, MAXIMUM ENTITLEMENT, AND ADJUSTED DAMAGES
The Distribution for each Authorized Claimant will be calculated by the Administrator by dividing the Compensation Fund by the Total Damages to calculate a per dollar of Total Damages distribution defined herein as the “Pro Rata Distribution”.
The Administrator will then multiply the Pro Rata Distribution by the Compensable Loss for each Authorized Claimant to arrive at the Distribution to be paid to each Authorized Claimant.
In no event shall an Authorized Claimant receive a Distribution greater than his/her/its Maximum Entitlement.
RELEASE AND DECLARATION
YOU MUST READ AND SIGN THE RELEASE AND DECLARATION. FAILURE TO SIGN THIS FORM MAY RESULT IN A DELAY IN PROCESSING OR THE REJECTION OF YOUR CLAIM.
I acknowledge that I am a Class Member (or the duly authorized representative of a Class Member) bound by and subject to the terms of the Agreement, Plan of Allocation and any Court order that may form any part of the litigation and settlement. I hereby agree to provide additional information to the Administrator to support this claim, if requested to do so. I have not submitted any other claim covering the same purchases or sales of Victoria Gold’s securities during the Class Period and know of no other person having done so on my behalf.
On behalf of myself and each of my heirs, agents, executors, trustees, administrators, predecessors, successors, and assigns, I submit this Claim Form Package under the terms of the Agreement, Plan of Allocation and any Court order that may form any part of the litigation and settlement and enforcing the release and declaration set forth herein.
RELEASE
Pursuant to the Agreement, Plan of Allocation and Court documents;
- Upon the Effective Date of the Settlement, I, as a Class Member, acknowledge full and complete satisfaction of, and fully, finally, and forever settle, release, and discharge from the Released Claims each and all of the Releasees as defined in the Agreement.
- I hereby warrant and represent that I have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
- I hereby warrant and represent that I have included the information requested about all of my transactions in Victoria Gold’s securities which are the subject of this claim, which occurred during the Class Period, as well as the opening and closing positions in such securities held by me on the dates required in this Claim Form.
- I hereby acknowledge full and complete satisfaction of, and do hereby fully, finally, and forever settle, release, and discharge from the Released Claims each and all of the “Releasees” defined as: jointly and severally, individually and collectively, the Defendants and all of their respective present and former, direct and indirect, parents, subsidiaries, divisions, affiliates, partners, insurers, and all other persons, partnerships or corporations with whom any of the former have been, or are now, affiliated, and all of their respective past, present and future officers, directors, employees, agents, shareholders, attorneys, trustees, servants and representatives; and the predecessors, successors, purchasers, heirs, executors, administrators and assigns of each of the foregoing.
RELEASE OF RELEASES
Pursuant to the Agreement, Plan of Allocation and Court documents;
Upon the Effective Date, in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Agreement, the Releasors forever and absolutely release, waive and discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, or in any other capacity, ever had, now have, or hereafter can, shall or may have.
MUTUAL RELEASE BETWEEN RELEASEES
Pursuant to the Agreement, Plan of Allocation and Court documents;
Upon the Effective Date, each of the Releasees forever and absolutely remise, release, waive and forever discharge the other Releasees, their successors and assigns of and from all claims, demands, actions, costs, and debts whatsoever in law or in equity arising from or relating to the Released Claims. For greater clarity, (i) nothing herein shall be taken as a release, waiver or amendment of any agreements between the Releasees, and (ii) nothing herein shall be taken as, or shall constitute, a release by any insured or insurer of rights he, she, they, or it may have or choose to assert under any applicable policies of insurance.
NO FURTHER CLAIMS
Pursuant to the Agreement, Plan of Allocation and Court documents;
Upon the Effective Date, the Releasors and Class Counsel, only to the extent of compliance with any Rules of Professional Conduct which may apply, shall not now or hereafter institute, continue, maintain or assert, either directly or indirectly, whether in Canada or elsewhere, on their own behalf or on behalf of any class or any other person, any action, suit, cause of action, claim or demand against any Releasee or any other person who may claim contribution or indemnity from any Releasee in respect of any Released Claim or any matter related thereto.
I declare under penalty of perjury and disqualification to receive payment from the Compensation Fund, under the laws of the Province of British Columbia, that all of the foregoing information, documentation, calculations and identity supplied in my Claim Form Package by the undersigned is true, accurate and correct.