UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Transcription

1 UITED STATES DISTRICT COURT SOUTHER DISTRICT OF EW ORK In re GLOBAL CROSSIG ACCESS CHARGE LITIGATIO x : : : x Case o. 04 MD 1630(GEL) PROOF OF CLAIM AD RELEASE I. GEERAL ISTRUCTIOS 1. To recover as a Member of the Class based on your claims in the action entitled In re Global Crossing Access Charge Litigation, Case o. 04 Civ (GEL) (the Action ), you must complete and, on page 7 hereof, sign this Proof of Claim and Release. If you fail to file a properly addressed (as set forth in paragraph 3 below) Proof of Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Cash Settlement Account created in connection with the proposed Settlement of the Action. 2. Submission of this Proof of Claim and Release, however, does not assure that you will share in the proceeds of settlement in the Action. 3. OU MUST MAIL OUR COMPLETED AD SIGED PROOF OF CLAIM AD RELEASE POSTMARKED O OR BEFORE AUGUST 16, 2006, ADDRESSED AS FOLLOWS: Global Crossing Access Charge Litigation Claims Administrator c/o Gilardi & Co. LLC P.O. Box 8040 San Rafael, CA If you are OT a Member of the Class, as defined in the otice of Pendency of Class Action and Proposed Settlement, Motion for Attorneys Fees, and Settlement Fairness Hearing ( otice ), DO OT submit a Proof of Claim and Release form. 4. If you are a Member of the Class, you are bound by the terms of any judgment entered in the Action, WHETHER OR OT OU SUBMIT A PROOF OF CLAIM AD RELEASE FORM. I. DEFIITIOS 1. Defendants means each and all of Global Crossing Limited and the Individual Defendants. 2. Global Crossing means each and all of Global Crossing Limited and any or all of its respective parents, predecessors, successor, affiliates (as defined in 17 C.F.R. Part b), divisions, business units, subsidiaries and entities in which it has a Controlling Interest or that has a Controlling Interest in it. 3. Individual Defendants means each and all of John Legere and Daniel P. O Brien. 4. Releasee means each and every one of, and Releasees means all of, the following: each entity that falls within the definition of Global Crossing and each of its respective past and present directors, executive committee members, officers, employees, members, partners, principals, agents, attorneys (including its General Counsel and other attorneys employed by Global Crossing), advisors, trustees, administrators, fiduciaries, consultants, representatives, accountants, accounting advisors and auditors, as well as the Insurers, including, without limitation, Defendants and each of their respective estates, heirs, executors, agents, attorneys, accountants, trusts, trustees, administrators and assigns and entities owned by a Defendant or in which a Defendant has a Controlling Interest or that has a Controlling Interest in a Defendant. Releasee does not include any of the on-settling ERISA or Securities Defendants as defined in the Stipulation of Settlement in In re Global Crossing Ltd. Securities Litigation, 02 Civ. 910 (GEL), In re Global Crossing ERISA Litigation, 02 Civ (GEL), Pusloskie v. Winnick, 02 Civ (GEL), or Simonetti v. Perrone, 03 Civ (GEL) at I (E)(1)(ttt) and (nnnnnnnn), respectively, including but not limited to, Andersen Worldwide S.C., Arthur Andersen LLP, Arthur Andersen & Co., Arthur Andersen Asahi & Co., Mark Fagan, Joseph F. Berardino, Thomas L. Elliott, Anthony J. Amoruso, Scott Taub, Benjamin euhausen, Carl E. Bass, Amy Ripepi, John Stewart, Dorsey L. Baskin, Jr., Michael Crooch, Rick Peterson, Thomas Hoey, Donald L. Weeks, Salomon Smith Barney, Inc., Salomon Smith Barney Holding, Inc., Jack Grubman, Michael Carpenter, Kevin McCaffrey, Christine Gochuico, Citigroup Inc., J.P. Morgan Chase & Co., J.P. Morgan Securities, Inc., Chase Securities, Inc., Chase H & Q, Canadian Imperial Bank of Commerce, CIBC Oppenheimer Corp., CIBC World Markets Corp., CIBC Capital Page 1

2 Partners, CIBC Capital Partners (Cayman), The Goldman Sachs Group, Inc., Goldman Sachs & Co., Merrill Lynch, Pierce, Fenner & Smith, Inc., Morgan Stanley Dean Witter, Morgan Stanley & Co., Inc., Donaldson Lufkin & Jenrette, Inc., Donaldson, Lufkin & Jenrette Securities Corp., Credit Suisse First Boston, Credit Suisse Group, The Bear Stearns Companies, Inc., Bear Stearns & Co., Inc., Stearns Securities Corp., Microsoft Corp., Softbank Corp., Deutsche Banc, A.G., Deutsche Bank Securities, AB AMRO Rothschild LLC, Lehman Brothers, A.G. Edwards & Sons, Inc., First Union Securities, Inc., RBC Dominion Securities Corp., Wasserstein Perella Securities Inc., Advest, Inc., Gerard Klauer Mattison & Co., Inc., (now known as Harris esbit Gerard), Guzman & Co., Samuel A. Ramirez & Co., Inc., Raymond James & Associates, Inc., Scott & Stringfellow, Inc., and Stephens Inc. III. CLAIMAT IDETIFICATIO 1. If you purchased Global Crossing Limited common stock and held the certificate(s) in your name, you are the beneficial purchaser as well as the record purchaser. If, however, the certificate(s) were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser, and the third party is the record purchaser. 2. Use Part I of this form entitled Claimant Identification to identify each purchaser of record ( nominee ), if different from the beneficial purchaser of Global Crossing Limited common stock that forms the basis of this claim. THIS CLAIM MUST BE FILED B THE ACTUAL BEEFICIAL PURCHASER OR ACQUIRER OR PURCHASERS OR ACQUIRERS, OR THE LEGAL REPRESETATIVE OF SUCH PURCHASER OR ACQUIRER OR PURCHASERS OR AQUIRERS OF THE GLOBAL CROSSIG LIMITED COMMO STOCK UPO WHICH THIS CLAIM IS BASED. 3. All joint purchasers must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of Persons represented by them, and their authority must accompany this claim, and their titles or capacities must be stated. The Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim. IV. CLAIM FORM 1. Use Part II of this form entitled Schedule of Transactions in Global Crossing Limited Common Stock to supply all required details of your transaction(s) in Global Crossing Limited Common Stock. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet. 2. On the schedules, provide all of the requested information with respect to all of your purchases and acquisitions and all of your sales of Global Crossing Limited common stock that took place at any time beginning December 9, 2003 through October 8, 2004, inclusive (the Class Period ), whether such transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim. 3. List each transaction in the Class Period separately and in chronological order, by trade date, beginning with the earliest. ou must accurately provide the month, day and year of each transaction you list. 4. The date of covering a short sale is deemed to be the date of purchase of Global Crossing Limited common stock. The date of a short sale is deemed to be the date of sale of Global Crossing Limited common stock. 5. Broker confirmations or other documentation of your transactions in Global Crossing Limited common stock should be attached to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. 6. The above requests are designed to provide the minimum amount of information necessary to process the most simple claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your losses. In some cases where the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Class with the information provided, the Claims Administrator may condition acceptance of the claim upon the production of additional information and/or the hiring of an accounting expert at the Claimant s cost. Page 2

3 Official Office Use Only UITED STATES DISTRICT COURT SOUTHER DISTRICT OF EW ORK In re Global Crossing Access Charge Litigation Case o. 04 Civ (GEL) PROOF OF CLAIM AD RELEASE Please Type or Print in the Boxes Below Do OT use Red Ink, Pencil, or Staples Must be postmarked no later than August 16, 2006 GLCR1 9. CLAIMAT IDETIFICATIO Last ame (Beneficial Owner) First ame (Beneficial Owner) Last ame (Co-Beneficial Owner) First ame (Co-Beneficial Owner) Company/Beneficial Owner (If Claimant is not an Individual) Trustee/Custodian/ominee Record Owner s ame (If Different from Beneficial Owner Listed Above) Account#/Fund# (ot ecessary for Individual Filers) Trust/Pension Date Social Security umber Telephone umber (Work) or Employer Identification umber Telephone umber (Home) Address MAILIG IFORMATIO Address Address City State Zip Code Foreign Province Foreign Zip Code Foreign Country Abbreviation For Claims Processing Only PC LS BC1 DEF LATE Page 3

4 PART II: SCHEDULE OF TRASACTIOS I GLOBAL CROSSIG LIMITED COMMO STOCK A) umber of shares of Global Crossing Limited common stock held at the beginning of trading on December 9, 2003: Proof of Holding Enclosed? B) Purchases and Acquisitions (December 9, 2003 October 8, 2004, inclusive) of Global Crossing Limited common stock: PURCHASES Trade Date Mo. / Day / ear umber of Shares Purchased or Acquired Total Purchase or Acquisition Price Proof of Purchase Enclosed? 1. M M D D IMPORTAT: Identify by number listed above all purchases in which you covered a short sale : C) Sales (December 9, October 11, 2004) of Global Crossing Limited common stock: SALES Trade Date Mo. / Day / ear umber of Shares Sold Total Sale Price Proof of Sale Enclosed? 1. M M D D D) umber of shares of Global Crossing Limited common stock held at the close of trading on October 11, 2004: Proof of Holding Enclosed? If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 7. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. Page 4

5 V. SUBMISSIO TO JURISDICTIO OF COURT AD ACKOWLEDGMETS I submit this Proof of Claim and Release under the terms of the Stipulation of Settlement dated as of March 20, 2006 ( Settlement Agreement ) described in the otice. I also submit to the jurisdiction of the United States District Court for the Southern District of ew ork, with respect to my claim as a Class Member (as defined in the otice) and for purposes of enforcing the release set forth herein. I further acknowledge that I am bound by and subject to the terms of any judgment that may be entered in the Action. I agree to furnish additional information to Lead Counsel (as defined in the otice) to support this claim if required to do so. I have not submitted any other claim covering the same purchases or acquisitions of Global Crossing Limited common stock during the Class Period and know of no other Person having done so on my behalf. VI. RELEASE I hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release, relinquish and discharge, all of the Released Claims against each and all of the Releasees and each and all of their Related Parties. 1. Released Claims means each and every Claim or Unknown Claim, whether arising under any federal, state or foreign statutory or common law or rule or in equity, (i) that has been asserted against any of the Releasees in the Action or (ii) that could have been or could be asserted against any of the Releasees in the Action or in any other court, tribunal or other forum of competent jurisdiction arising out of or related, directly or indirectly, to facts and circumstances that gave rise to the Claims that have been asserted in the Action. Released Claim does not include any Claim asserted in In re Global Crossing Ltd. Securities Litigation, 02 Civ. 910 (GEL), In re Global Crossing ERISA Litigation, 02 Civ (GEL), Pusloskie v. Winnick, 02 Civ (GEL), or Simonetti v. Perrone, 03 Civ (GEL), or any Claim, including any and all claims that have been asserted or could be asserted under the Securities Act of 1933, the Securities Exchange Act of 1934, the Sherman Act, ew ork General Business Law 340 (or any similar law of any other state), or any other laws, for any conduct complained of in (i) In re Global Crossing Securities Litigation, 01 Civ (SAS), as coordinated for pretrial purposes in the In re Initial Public Offering Securities Litigation, Master File o. 21 MC 92 (SAS), pending in the United States District Court for the Southern District of ew ork, and (ii) In re Initial Public Offering Antitrust Litigation, 01 Civ (WHP). Without limiting the generality of the foregoing, the term Released Claims includes, without limitation, any Claims or Unknown Claims arising out of or relating to: (a) any or all of the acts, failures to act, omissions, misrepresentations, facts, events, matters, transactions, statements, occurrences, or oral or written statements or representations of Releasees that have been, could have been or could be directly or indirectly alleged, complained of, asserted, set forth or otherwise referred to in the Action; (b) the contents of any SEC Filing during the Class Period by any of the Releasees relating to Global Crossing Limited common stock, Singapore Technologies Telemedia Pte. Ltd s (or any of its affiliates ) investment in Global Crossing, or fresh start accounting, and Global Crossing s calculation of and/or its accrual for, and its accounting treatment of, its costof-access for any period; (c) the contents of any SEC Filing or any publication, release or dissemination of financial, accounting, operational or other information by Global Crossing prior to or during the Class Period regarding (i) the listing of Global Crossing Limited common stock on the ASDAQ ational Market, (ii) Global Crossing s financial results prior to or during the Class Period, (iii) the investment of any person or entity in Global Crossing, and (iv) Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, cost-of-access during any period and its internal controls relating thereto, on which any Class Member allegedly relied, either directly or indirectly, during the Class Period in purchasing or acquiring Global Crossing Limited common stock; (d) any disclosure, representation or statement of any sort (oral or written) made by any of the Releasees during the Class Period to any person or entity, or to the public at large regarding Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, its cost-of-access during any period and its internal controls relating thereto, including, without limitation, any press releases and/or press reports, earnings calls, memoranda (whether internally or externally circulated), and presentations to analysts, creditors, rating agencies, the ASDAQ Listing Qualifications Panel, the SEC, banks or other lenders, investment bankers, broker dealers, investment advisors, investment companies, bond holders, potential and actual vendors or customers, potential investors and/or shareholders; (e) any internal and/or external memoranda, reports or opinions prepared by Global Crossing or any of the Releasees, or by any outside advisor or other third party during the Class Period with respect to Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, its cost-of-access during any period and its internal controls relating thereto, and on which any Class Member allegedly relied during the Class Period in purchasing or acquiring Global Crossing Limited common stock; (f) Global Crossing s recordkeeping prior to or during the Class Period with respect to Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, its cost-of-access; Page 5

6 (g) any financial statement (or portion thereof), audited or unaudited, or any report or opinion on any financial statement (or portion thereof) relating to Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, its cost-of-access that was prepared or issued by Global Crossing or any of the Releasees prior to or during the Class Period on which any Class Member allegedly or actually relied during the Class Period in purchasing or acquiring Global Crossing Limited common stock; (h) any statements or omissions during the Class Period by any of the Releasees as to quarterly or annual results of Global Crossing prior to or during the Class Period that refer or relate directly or indirectly to Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, its cost-of-access, including, without limitation, statements or omissions in connection with Earnings Releases or during calls and/or meetings with one or more analysts or investors, and statements or omissions regarding financial results and whether and to what extent they complied with GAAP; (i) the manner in which Global Crossing accounted for its cost-of-access expenses, including, without limitation, any internal accounting, financial, operational or technological controls or functions, or internal or external audits of Global Crossing, prior to or during the Class Period, that relate in whole or in part to Global Crossing s calculation of, or accrual for, its cost-of-access; (j) any or all Claims against an individual Releasee relating to Global Crossing s calculation of, and/or its accrual for, and/or its accounting treatment of, its cost-of-access that are based upon or arise out of the Releasee s (i) status as a director, officer or employee of, or investor in, Global Crossing or (ii) acts or omissions in his or her capacity as a director, officer or employee of, or investor in, Global Crossing. 2. Unknown Claim shall mean any Claim that any Class Member does not know or suspect to exist in his, her or its favor at any time on or before the date that such Class Member s release becomes effective, and that, if known by him, her or it, might have affected his, her or its settlement with any of the Releasees or might have affected his, her or its decision not to request exclusion from the Class or not to object to the Settlement Agreement. 3. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date, the Lead Plaintiff shall expressly waive, and each of the Class Members shall be deemed to have waived and relinquished, and by the terms of the Final Judgment and Order of Dismissal shall have waived, to the fullest extent permitted by law, any and all provisions, rights and benefits of California Civil Code 1542, or any federal, state, or foreign law, rule, regulation or common law doctrine that is similar, comparable, equivalent or identical to, or that has the effect of 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. otwithstanding the provisions of 1542 and any similar provisions, rights and benefits conferred by any law, rule, regulation or common law doctrine of California or in any federal, state or foreign jurisdiction, this Release is intended to include all Released Claims Class Members have or may have, including Released Claims that are Unknown Claims. Pursuant to the Final Judgment and Order of Dismissal, Class Members shall have and be deemed to have, on or after the Final Settlement Date, fully, finally and forever settled and released any and all Released Claims whether or not they are Unknown Claims. 4. The Lead Plaintiff acknowledges, and the Class Members shall be deemed by operation of the Final Judgment and Order of Dismissal to have acknowledged, that the foregoing release and waivers were separately bargained for and are essential elements of the Settlement Agreement of which the releases are part. 5. This release shall be of no force or effect unless and until the Court approves the Settlement Agreement and it becomes effective on the Effective Date. 6. I (We) hereby warrant and represent that I (we) 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. 7. I (We) hereby warrant and represent that I (we) have included information about all of my (our) transactions in Global Crossing Limited common stock that occurred during the Class Period as well as the number of shares of Global Crossing Limited common stock held by me (us) at the opening of trading on December 9, 2003, and at the close of trading on October 11, Page 6

7 First ame SUBSTITUTE FORM W-9 PART I Request for Taxpayer Identification umber ( TI ) and Certification I. Last ame Check appropriate box: Individual/Sole Proprietor IRA Trust Corporation Partnership Pension Plan Other (specify) Enter TI on the appropriate line. For individuals, this is your Social Security umber ( SS ) However, for a resident alien, sole proprietor, or disregarded entity, see Part 1 of the enclosed W-9 instructions. For sole proprietors, you must show your individual name, but you may also enter your business or doing business as name. ou may enter either your SS or your Employer Identification umber ( EI ). For other entities, it is your EI. Social Security umber or Employer Identification umber PART II For Payees Exempt from Backup Withholding If you are exempt from backup withholding, enter your correct TI in Part I and write exempt on the following line: PART III Certification UDER THE PEALT OF PERJUR, I (WE) CERTIF THAT: (1) The number shown on this form is my correct TI; and (2) I (We) certify that I am (we are) OT subject to backup withholding under provisions of Section 3406(a)(1)(C) of the Internal Revenue Code because: (a) I am (we are) exempt from backup withholding; or (b) I (we) have not been notified by the Internal Revenue Service that I am (we are) subject to backup withholding as a result of a failure to report all interest or dividends; or (c) the Internal Revenue Service has notified me (us) that I am (we are) no longer subject to backup withholding. OTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, you must cross out item 2 above. SEE ECLOSED FORM W-9 ISTRUCTIOS The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding. I (We) declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this Proof of Claim and Release form by the undersigned is true and correct. Executed this day of in. (Month/ear) (City/State/Country) (Sign your name here) (Type or print your name here) (Capacity of person(s) signing, e.g., Beneficial Purchaser or Acquirer, Executor or Administrator) Proof of Authority to File Enclosed? (ot necessary if you are filing on your own behalf) (See Section VI.) (Sign your name here) (Type or print your name here) (Capacity of person(s) signing, e.g., Beneficial Purchaser or Acquirer, Executor or Administrator) Proof of Authority to File Enclosed? (ot necessary if you are filing on your own behalf) (See Section VI.) ACCURATE CLAIMS PROCESSIG TAKES A SIGIFICAT AMOUT OF TIME. THAK OU FOR OUR PATIECE. Reminder Checklist: 1. Please sign the above release and declaration. 2. Remember to attach supporting documentation, if available. 3. Do not send original stock certificates. 4. Keep a copy of your claim form for your records. Page 7 5. If you desire an acknowledgement of receipt of your claim form please send it Certified Mail, Return Receipt Requested. 6. If you move, please send the Claims Administrator your new address.

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