This official website is maintained by the Claims Administrator under the supervision of Lead Counsel for the members of the Settlement Class in the Action entitled, Howard v. Arconic Inc., et al., Case No. 2:17-cv-01057 (the “Settlement”), which is pending in the United States District Court for the Western District of Pennsylvania.
PROOF OF CLAIM AND RELEASE FORM
I. GENERAL INSTRUCTIONS
1. To recover as a Member of the Settlement Class based on your claims in the action Howard v. Arconic Inc., et al. , Case No. 2:17-cv-01057-MRH (the “Litigation”), you must complete sign this Proof of Claim and Release (“Claim Form” or “Proof of Claim”). If you fail to submit a properly addressed (as set forth in paragraph 3 below) Claim Form, postmarked or received by the date shown below, your claim may be rejected and you may be precluded from any recovery from the Net Settlement Fund created in connection with the proposed resolution of the Litigation in accordance with the terms and provisions of the Stipulation (the “Settlement”).2. Submission of this Claim Form, however, does not assure that you will share in the proceeds of the Settlement.
3. YOU MUST SUBMIT ONLINE YOUR COMPLETED AND SIGNED PROOF OF CLAIM, ACCOMPANIED BY COPIES OF THE DOCUMENTS REQUESTED HEREIN, NO LATER THAN AUGUST 21, 2023.
4. If you are a Member of the Settlement Class and you do not validly and timely request exclusion in accordance with the requirements set by the Court, you will be bound by the Settlement and the terms of any judgment and release entered in the Litigation, including the releases provided therein, including, but not limited to, the Judgment, WHETHER OR NOT YOU SUBMIT A PROOF OF CLAIM
5. It is important that you completely read and understand the Notice, including the Plan of Allocation of the Net Settlement Fund set forth in the Notice. The Notice describes the proposed Settlement and Stipulation, how the Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement and Plan of Allocation are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) from the Stipulation and otherwise used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
II. CLAIMANT IDENTIFICATION
You are a Member of the Settlement Class if you purchased or otherwise acquired: (i) Arconic securities between November 4, 2013 and June
27, 2017, both dates inclusive, including for the avoidance of doubt any Arconic Depositary Shares; and (ii) Arconic Depositary Shares, each
representing a 1/10th interest in a share of 5.375% Class B Mandatory Convertible Preferred Stock, Series 1, par value $1 per share, liquidation
preference $500 per share pursuant to and/or traceable to the Registration Statement and Prospectus issued in connection with Arconic’s September
18, 2014 initial public preferred stock offering.
Excluded from the Settlement Class are: (i) the Defendants; (ii) the current and Settlement Class Period officers and directors of Arconic and the Underwriter Defendants; (iii) the Immediate Family Members of the Individual Defendants; and (iv) the legal representatives, affiliates, heirs, successors-in-interest or assigns of any such excluded party and any entity in which such excluded parties have or had a controlling interest, provided, however, that any Investment Vehicle shall not be excluded from the Settlement Class. Also excluded from the Settlement Class is any Person who would otherwise be a Member of the Settlement Class but who validly and timely requests exclusion in accordance with the requirements set by the Court in connection with the Settlement.
Upon entry into the Online Filing Site, use the first section entitled “Claimant Identification” to identify each purchaser or acquirer of record (“nominee”), if different from the beneficial purchaser or acquirer of the Arconic Securities that forms the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER(S) OR ACQUIRER(S) OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER(S) OR ACQUIRER(S) OF THE ARCONIC SECURITIES UPON WHICH THIS CLAIM IS BASED.
All joint purchasers or acquirers must sign this Claim Form. Executors, administrators, representatives, guardians, agents, conservators, and trustees must complete and sign this Claim Form on behalf of Persons represented by them and evidence of their authority must accompany this Claim Form and their titles or capacities must be stated. The last four digits of the Social Security Number (or full 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.
If you are acting in a representative capacity on behalf of a Member of the Settlement Class (for example, as an executor, administrator, agent, trustee, or other representative), you must submit evidence of your current authority to act on behalf of that Member of the Settlement Class. Such evidence would include, for example, letters testamentary, letters of administration, or a copy of the trust documents.
One claim should be submitted for each separate legal entity. Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name). Conversely, a single Claim Form should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).
NOTICE REGARDING INSTITUTIONAL ELECTRONIC FILES: Certain claimants with large numbers of transactions may request to, or may be requested to, submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper Proof of Claim listing all their transactions whether or not they also submit electronic copies. If you wish to file your claim electronically, you must contact the Claims Administrator via email at info@ArconicSecuritiesSettlement.com or toll-free at 866-963-9979 to obtain the required file layout. No electronic files will be considered to have been properly submitted unless the Claims Administrator issues to the claimant a written acknowledgement of receipt and acceptance of electronically submitted data.
Excluded from the Settlement Class are: (i) the Defendants; (ii) the current and Settlement Class Period officers and directors of Arconic and the Underwriter Defendants; (iii) the Immediate Family Members of the Individual Defendants; and (iv) the legal representatives, affiliates, heirs, successors-in-interest or assigns of any such excluded party and any entity in which such excluded parties have or had a controlling interest, provided, however, that any Investment Vehicle shall not be excluded from the Settlement Class. Also excluded from the Settlement Class is any Person who would otherwise be a Member of the Settlement Class but who validly and timely requests exclusion in accordance with the requirements set by the Court in connection with the Settlement.
Upon entry into the Online Filing Site, use the first section entitled “Claimant Identification” to identify each purchaser or acquirer of record (“nominee”), if different from the beneficial purchaser or acquirer of the Arconic Securities that forms the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER(S) OR ACQUIRER(S) OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER(S) OR ACQUIRER(S) OF THE ARCONIC SECURITIES UPON WHICH THIS CLAIM IS BASED.
All joint purchasers or acquirers must sign this Claim Form. Executors, administrators, representatives, guardians, agents, conservators, and trustees must complete and sign this Claim Form on behalf of Persons represented by them and evidence of their authority must accompany this Claim Form and their titles or capacities must be stated. The last four digits of the Social Security Number (or full 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.
If you are acting in a representative capacity on behalf of a Member of the Settlement Class (for example, as an executor, administrator, agent, trustee, or other representative), you must submit evidence of your current authority to act on behalf of that Member of the Settlement Class. Such evidence would include, for example, letters testamentary, letters of administration, or a copy of the trust documents.
One claim should be submitted for each separate legal entity. Separate Claim Forms should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name). Conversely, a single Claim Form should be submitted on behalf of one legal entity including all transactions made by that entity on one Claim Form, no matter how many separate accounts that entity has (e.g., a corporation with multiple brokerage accounts should include all transactions made in all accounts on one Claim Form).
NOTICE REGARDING INSTITUTIONAL ELECTRONIC FILES: Certain claimants with large numbers of transactions may request to, or may be requested to, submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper Proof of Claim listing all their transactions whether or not they also submit electronic copies. If you wish to file your claim electronically, you must contact the Claims Administrator via email at info@ArconicSecuritiesSettlement.com or toll-free at 866-963-9979 to obtain the required file layout. No electronic files will be considered to have been properly submitted unless the Claims Administrator issues to the claimant a written acknowledgement of receipt and acceptance of electronically submitted data.
III. CLAIM FORM
Use the second section in the Online Filing Site
entitled “Schedule of Transactions in Arconic Securities” to supply all required details of your transaction(s) in
Arconic Securities. 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.
Please note that only the Arconic Securities purchased or otherwise acquired during the Settlement Class Period (i.e., between November 4, 2013 and June 27, 2017, both dates inclusive) are eligible under the Plan of Allocation to potentially share in the proceeds of the Settlement. However, under the “90-Day Lookback Period” (described in the Plan of Allocation set forth in the Notice), your sales of Arconic Securities during the period from June 27, 2017 through and including the close of trading on September 22, 2017, will be used for purposes of calculating Recognized Loss amounts under the Plan of Allocation. Therefore, in order for the Claims Administrator to be able to balance your claim, the requested transaction information during the 90 Day Lookback Period must also be provided. Furthermore, in order to calculate the Recognized Loss amount for the Preferred Stock for claims under the Securities Act, requested transaction information during the period from June 27, 2017, through and including the close of trading on September 29, 2017, must also be provided. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
List these transactions separately and in chronological order, by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction you list.
For purpose of the Plan of Allocation, for short-sale transactions, the date of covering a “short sale” is deemed to be the date of purchase of Arconic Securities, and the date of a “short sale” is deemed to be the date of sale of Arconic Securities.
For each transaction, you must provide, together with this Claim Form, copies of stockbroker confirmation slips, stockbroker statements, or other documents adequately evidencing your transactions in Arconic Securities. If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker because these documents are necessary to prove and process your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
PLEASE NOTE As set forth in the Plan of Allocation, each Authorized Claimant shall receive his, her, their, or its pro rata share of the Net Settlement Fund. If the prorated payment to any Authorized Claimant calculates to less than $10.00, it will not be included in the calculation and no distribution will be made to that Authorized Claimant.
Please note that only the Arconic Securities purchased or otherwise acquired during the Settlement Class Period (i.e., between November 4, 2013 and June 27, 2017, both dates inclusive) are eligible under the Plan of Allocation to potentially share in the proceeds of the Settlement. However, under the “90-Day Lookback Period” (described in the Plan of Allocation set forth in the Notice), your sales of Arconic Securities during the period from June 27, 2017 through and including the close of trading on September 22, 2017, will be used for purposes of calculating Recognized Loss amounts under the Plan of Allocation. Therefore, in order for the Claims Administrator to be able to balance your claim, the requested transaction information during the 90 Day Lookback Period must also be provided. Furthermore, in order to calculate the Recognized Loss amount for the Preferred Stock for claims under the Securities Act, requested transaction information during the period from June 27, 2017, through and including the close of trading on September 29, 2017, must also be provided. Failure to report all transaction and holding information during the requested time period may result in the rejection of your claim.
List these transactions separately and in chronological order, by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction you list.
For purpose of the Plan of Allocation, for short-sale transactions, the date of covering a “short sale” is deemed to be the date of purchase of Arconic Securities, and the date of a “short sale” is deemed to be the date of sale of Arconic Securities.
For each transaction, you must provide, together with this Claim Form, copies of stockbroker confirmation slips, stockbroker statements, or other documents adequately evidencing your transactions in Arconic Securities. If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker because these documents are necessary to prove and process your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
PLEASE NOTE As set forth in the Plan of Allocation, each Authorized Claimant shall receive his, her, their, or its pro rata share of the Net Settlement Fund. If the prorated payment to any Authorized Claimant calculates to less than $10.00, it will not be included in the calculation and no distribution will be made to that Authorized Claimant.