Saba Software Inc. Settlement

Transcription

1 Page 1 f 7 ELECTRONIC FILING INSTRUCTIONS I. Imprtant Ntes PLEASE READ In additin t these instructins, please review the details set frth in the claim frm and ntice prir t submitting claims. Electrnic claim submissin is available t institutins filing n their wn behalf r n behalf f thers as well as t claim preparers filing n behalf f clients, r t individuals filing a large number f transactins wh have requested r been requested t file claims electrnically. Electrnic claim submissins MUST be accmpanied by all required dcuments as set frth in Sectin IV f these instructins. ALL ELECTRONIC CLAIMS SUBMISSIONS MUST BE ENTERED ON THE TEMPLATE THAT FOLLOWS THESE INSTRUCTIONS. Electrnic claim submissins MUST be submitted in the required frmat, specified in this dcument. Prvide all dates in US date frmat (MM/DD/YYYY). Electrnic filers must prvide fr each claim submitted the hlding psitins in the eligible securities as set frth in Sectin II. CLAIM FILING DEADLINE: The claim filing deadline fr this actin is Nvember 26, Any claim received after that date will be late.

2 Page 2 f 7 II. Eligible Securities SABA COMMON STOCK The number f shares f Saba cmmn stck surrendered at the clsing f the Acquisitin n March 30, III. Methds f Submissin Electrnic files will nt be deemed submitted unless the Claims Administratr sends yu an acknwledging receipt f yur file. D nt assume that yur file has been received until yu receive this . If yu d nt receive such an within 10 days f yur submissin, yu shuld cntact the electrnic filing department at eclaim@chsegcg.cm t inquire abut yur file and cnfirm it was received. The fllwing methds are available fr submitting electrnic claims: 1. INTERNET GCG ICE ( GCG ICE is GCG's secure and user-friendly website designed t meet the claim filing needs f institutinal investrs and claim preparers 1 in securities class actins and similar administratins. Using GCG ICE, registered users have the ability t uplad their electrnic claim submissins directly and securely t GCG and the benefit f being able t view the histry and status f these submissins 24 hurs a day, 7 days a week. The histry and status functinality features access t claim numbers and specific claim rejectin reasns, with instructins n hw t fix rejected claims fr any claims upladed via GCG ICE. Please visit t register tday s that yu can benefit frm this service in this settlement as well as ther, future settlements. 2. Yu may yur electrnic claim submissin t eclaim@chsegcg.cm. If yu chse t yur file, yu MUST als attach all required dcumentatin t the as.pdf dcuments r equivalent. DO NOT separately send hard cpy dcuments thrugh the mail. 1 Althugh GCG ICE was nt designed fr individuals, if yu are an individual with a large number f transactins wh requests r is requested t file claims electrnically yu may use this feature t file claims. Please cntact the Electrnic Filing Department fr further infrmatin related t using GCG ICE.

3 Page 3 f 7 3. MAIL Yu may send yur electrnic claim submissin in the mail n a disk r CD alng with all required dcumentatin. Use the P.O. Bx address n tp f page 1 f the Prf f Claim and Release and add Attn: Electrnic Filing Department. If yu need t send yur submissin via Federal Express r UPS, use the belw street address: IV. Dcumentatin Requirements Saba Sftware Settlement c/ GCG Attn: Electrnic Filing Department 5151 Blazer Parkway, Suite A Dublin, OH The required dcumentatin utlined belw must be submitted with yur electrnic file. Yur electrnic claims will nt be eligible fr cnsideratin until all required dcuments are received. Please nte that ne single dcument may meet mre than ne requirement. 1. ONE SIGNED PROOF OF CLAIM AND RELEASE Yu must cmplete the Claimant Infrmatin page, (Part I, page 3) and Release and Certificatin pages, (Part III, pages 5-6) f a single Prf f Claim and Release frm, which will serve as an "umbrella" r master claim frm fr all claims in yur electrnic file. The claim frm must be signed by an authrized signatry wh is als listed n yur signature verificatin dcument and state the capacity (jb title) f the signatry. Yu may reference the term "Varius Beneficial Owners" fr the beneficial wner name if yu are filing n behalf f multiple beneficial wners. Hwever, as nted abve, the crrect cmplete unabbreviated name f each beneficial wner (withut hnrifics) MUST be prvided fr each claim in yur electrnic claim submissin. 2. SIGNATURE VERIFICATION DOCUMENT If yu are an institutin filing n yur wn behalf r n behalf f ther beneficial wners r a claim preparer filing n behalf f beneficial wners, yu must prvide a dcument verifying that the individual wh signs the claim frm and any supplemental dcuments is authrized t sign n yur behalf. Sme cmmn types f dcuments that fulfill this requirement include the fllwing (this list is nt exclusive and nn-us entities may have different dcuments that fulfill this requirement. If yu are a nn-us entity, yu must submit an equivalent dcument): - Cpy f filer s By-Laws, including signature page(s). - Cpy f filer s Crprate Reslutin, including signature page(s). - Ntarized Affidavit signed by an fficer f the filing institutin r cmpany clearly granting a specific individual(s) authrizatin r cnfirming his/her authrity t sign n behalf f his/her institutin r cmpany.

4 Page 4 f 7 3. DATA VERIFICATION DOCUMENT(S) If yu are an institutin filing n yur wn behalf r n behalf f ther beneficial wners r a claim preparer filing n behalf f beneficial wners, yu must prvide a ntarized affidavit r signed letter n yur firm s letterhead which meets the belw criteria: - Cnfirms the number f distinct claims and transactins in yur file. - Sets frth the surce f the data fr each claim included in yur file. - Attests t the truth and accuracy f the data fr each claim in yur file. - Is executed by an authrized signatry wh is listed n yur firm s signature verificatin dcument, and specifies bth the capacity and cntact infrmatin f that signatry. 4. AUTHORIZATION DOCUMENT (IF FILING ON BEHALF OF CLIENTS OR CUSTOMERS) If yu are an institutin r claim preparer filing n behalf f beneficial wners ther than yurself, yu must prvide a current dcument verifying that yu are authrized t file and sign claims n behalf f the beneficial wners f the securities. Sme cmmn types f dcuments that fulfill this requirement include the fllwing (this list is nt exclusive and nn-us entities may have different dcuments that fulfill this requirement. If yu are a nn-us entity, yu must submit an equivalent dcument): - Pwer f Attrney - Service Agreement - Signed/dated letter n client's cmpany letterhead specifically granting yur cmpany authrity t file/sign claims n their behalf - Ntarized affidavit r signed letter n yur cmpany's letterhead cnfirming yur authrity t file and sign claims n behalf f each client fr whm yu filed a claim. It must be executed by an fficer f the cmpany wh is als listed n yur signature verificatin dcument and reference the capacity and cntact infrmatin f the signatry. ADDITIONAL DOCUMENTATION (IF REQUESTED) - DATA INTEGRITY AUDIT GCG may request filers, as deemed apprpriate by GCG and/r Lead Cunsel, wh file claims electrnically t prvide additinal dcumentatin t supprt the claims submitted. This data integrity audit is designed t verify the verall integrity f a data file. Accrdingly, yu must prvide all the requested dcumentatin and the dcumentatin prvided must be independent in nature. Even if yu prvided a letter/affidavit attesting t the truth and accuracy f the data yu initially submitted with yur electrnic file, we will require specific dcumentary evidence, which may include stck certificate numbers, mnthly statements, r equivalent, t independently verify the quantity f shares r stck certificates surrendered, if yur file is selected fr a data integrity audit. *FAILURE TO COMPLY WITH THIS AUDIT REQUEST WILL RESULT IN THE REJECTION OF ALL CLAIMS ON YOUR ELECTRONIC SUBMISSION*

5 Page 5 f 7 V. Electrnic Filing Ntes ADDRESSES Claims and checks (if the claim is eligible) will be created based n the infrmatin prvided n yur electrnic file. If yu require checks t be made ut directly t the beneficial wner but still sent t yur cmpany, please include a c/ befre yur cmpany name in clumn A f yur file. If yu require checks t be mailed t sme ther party (i.e. directly t the custdian bank fr each beneficial wner r directly t the beneficial wner), please include their name in the Cmpany Name field (clumn A) f the file, but include yur name in the Submitting Filer s Name field (clumn R). If yu require checks be made ut directly t the beneficial wner, d nt include any cmpany name in the Cmpany Name field (clumn A) f the file. Fr freign addresses, the tw character cuntry cde must be prvided in clumn H, all address infrmatin (including full cuntry names and prvinces) must be included in the tw address fields (clumns B-C), and the city, state, zip fields (clumns D-G) shuld be left blank. If yu are a third-party claim preparer filing n behalf f clients wh represent the beneficial wner f the securities, yu must prvide the cmplete name f yur client in clumn Q f yur electrnic claim submissin. SECURITIES All transactins and hlding psitins must reference an apprpriate security identifier (CUSIP, ISIN, r SEDOL) in clumn L f yur file. CERTIFICATION Yu must certify fr each beneficial wner that: By indicating Y in Clumn T (Certificatin Nt an Excluded Party) n yur electrnic file I certify that I (we) am (are) r, if I am filing n behalf f anther, that party, is nt an excluded party under the terms f the Stipulatin and Agreement f Cmprmise and Settlement. Excluded parties include: defendants Shawn Farshchi, William V. Russell, Dw R. Wilsn, William M. Klein, William N. MacGwan, Michael Fawkes and Nra Denzel (cllectively, the "Individual Defendants"), members f the immediate family f each Individual Defendant; current r frmer fficers r directrs f Saba r Vectr Capital, Vectr Capital and any affiliates f Vectr Capital, any entity cntrlled by any f the Defendants, and any successrs in interest theret; and the legal representatives, agents, affiliates, heirs beneficiaries, successrs in interest r assigns f any excluded party.

6 Page 6 f 7 VI. Required Filing Frmat GENERAL INSTRUCTIONS Files shuld be submitted as an Excel spreadsheet. All fields in the belw frmat must be included n yur file. Any fields that d nt apply t the claims yu submitted must be left blank (d nt delete any fields). Yur file must include ne header rw with each f the clumn headings specified belw. Yur file must be srted in the fllwing rder: cmplete crrect name f the beneficial wner f the securities supprting the claim security identifier transactin type If a maximum character length fr any field is specified, d nt exceed the limit. D nt leave any blank rws n yur file. Any files nt in accrdance with the belw layut are subject t rejectin. Fr Excel spreadsheets: Whenever pssible, yur file shuld be limited t ne tab that cntains all the fields listed belw. The Length clumn in the belw frmat specifies the maximum number f characters fr each Excel field as t which a maximum character number applies. Please cntinue t next page fr Required File Layut.

7 Page 7 f 7 REQUIRED FILE LAYOUT COL FIELD START POSITION LENGTH NOTES A Cmpany Name 1 40 Name f Cmpany fr Mailing f Checks (see Address Ntes abve) Include a c/ befre yur cmpany name if yu require checks made ut t the beneficial wner c/ yur cmpany. Include an FBO (r similar wnership acrnym) after yur cmpany name if yu require checks t be made ut t yur cmpany fr the benefit f the beneficial wner B Address Address 1 Infrmatin fr Mailing f Checks (see Address Ntes abve) C Address Address 2 Infrmatin fr Mailing f Checks (see Address Ntes abve) D City City fr Mailing f Checks (see Address Ntes abve) E State Character State Abbreviatin fr Mailing f Checks (see Address Ntes abve) F Zip Digit Zip fr Mailing f Checks (see Address Ntes abve) G Zip Digit Zip fr Mailing f Checks (see Address Ntes abve) H Cuntry Cde character Cuntry abbreviatin (nly fr freign addresses) I Accunt Name Accunt/beneficial wner name, fr printing/mailing purpses J K Accunt Number SSN r Tax ID Number The unique accunt number fr the accunt in questin Last fur digits f Scial Security Number r Tax ID Number f accunt referenced in clumn J (leave clumn blank fr freign entities) L Security Identifier Number CUSIP, ISIN, r SEDOL Number f the Security M Transactin Type U = Hldings n March 30, 2015 Nte: When inputting unsld hldings, the trade date clumn must indicate the hlding date. Nte: A unique line f data must be created fr each claimed stck certificate N Trade Date Trade date in MM/DD/YYYY frmat (including freign entities) O Quantity Number f shares held n March 30, P Stck Certificate Number Please prvide the stck certificate number fr all Saba cmmn stck surrendered pursuant t the Acquisitin n March 30, 2015 fr all shares NOT HELD IN A BROKERAGE ACCOUNT. Each stck certificate shuld be captured as a separate rw f data. Q Submitting Filer s Client Name(s) R Submitting Filer s Name If yu are a third-party claim preparer filing n behalf f clients either, yu must prvide yur client s name in this field Name f filer/entity submitting electrnic claim S Certificatin - Nt an Excluded Party Yu must certify fr each beneficial wner that I (we) am (are) r, if I am filing n behalf f anther, that party, is nt an excluded party under the terms f the Stipulatin by indicating Y in this clumn (see Certificatin Nte abve)