PROOF OF CLAIM FOR THE LENDER PLAINTIFFS’ SETTLEMENTS WITH CITIBANK, HSBC AND BARCLAYS
I. GENERAL INSTRUCTIONS
- To recover as an Authorized Claimant based on your claim in the action entitled In re LIBOR-Based Financial Instruments Antitrust Litigation, MDL No. 2262 (NRB), pending in the United States District Court for the Southern District of New York, involving plaintiffs who originated loans, held loans, held interests in loans, owned loans, owned interests in loans, purchased loans, purchased interests in loans, sold loans, or sold interests in loans with interest rates based upon U.S. Dollar LIBOR between August 1, 2007 and May 31, 2010 (“Lender Action”), you must complete a proof of claim form. If you fail to submit a properly completed and addressed proof of claim form, your claim may be rejected and you may be precluded from any recovery from the Net Settlement Fund created in connection with the Citibank, HSBC and Barclays Settlements of the Lender Action.
- Submission of this proof of claim form, however, does not assure that you will share in the Net Settlement Fund.
You have two options for completing a proof of claim form:
You can mail your completed and signed proof of claim form postmarked no later than November 20, 2018. to:
Lenders LIBOR Settlements
c/o JND Legal Administration
P.O. Box 91347
Seattle, WA 98111
- You can complete and submit the proof of claim form through the Settlement website by visiting www.LendersLiborSettlements.com. Upon completion of the online proof of claim form, you will receive an acknowledgment that your proof of claim has been submitted. If you choose this option and file a proof of claim electronically, you must file on or before November 20, 2018.
- You can mail your completed and signed proof of claim form postmarked no later than November 20, 2018. to:
- If you are NOT a Lender Class Member (as defined in the Notice), DO NOT submit a proof of claim form.
- If you are a Lender Class Member and have not requested exclusion, you will be bound by the terms of the Settlements and any judgment entered in the Lender Action, WHETHER OR NOT YOU SUBMIT A PROOF OF CLAIM FORM.
Capitalized terms not defined in this proof of claim have the same meaning as defined in the Settlement Agreement with Citibank, N.A. and Citigroup Inc. (“Citigroup”), dated January 15, 2018, the Settlement Agreement with HSBC Bank plc (“HSBC”), dated January 16, 2018 and the Settlement Agreement with Barclays Bank plc (“Barclays”), dated May 3, 2018 (The Settlement Agreements, in their entirety, are available at www.LendersLiborSettlements.com.)
NOTE: A single proof of claim should be submitted on behalf of each institution. The proof of claim form shall include all loans with interest rates based upon U.S. Dollar LIBOR held by that entity at any time between August 1, 2007 and May 31, 2010.
III. CLAIM FORM
- Use Part II of this form entitled “Schedule of U.S. Dollar LIBOR-Rate Loans” to supply all required details of your loan(s). If you need more space, photocopy or 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.
- On the schedule, provide all of the requested information with respect to all of your holdings of interests in loan(s) based on U.S. Dollar LIBOR anytime from August 1, 2007 through May 31, 2010, inclusive. Failure to report all such information on the loan(s) may result in the rejection of your claim. You will also be required to identify how often the interest rate reset for each loan during the Class Period.
- List each interest in a loan separately and in chronological order, by date of issuance or acquisition, beginning with the earliest. You must accurately provide the month, day, and year of each issuance or acquisition date for such loan.
- Documentation to support the interest payments received on loans based upon U.S. Dollar LIBOR is NOT required at this time. However, the Claims Administrator may ask you to provide documentation to substantiate the interest payments received pursuant to such loans during auditing.
- NOTICE TO LARGE CLAIMANTS: Certain claimants with large numbers of interest in loans may request, or may be requested, to submit information regarding their loans in electronic files. All claimants MUST submit a manually signed paper claim form whether or not they also submit electronic copies. If you wish to file your claim electronically, you must call the Claims Administrator toll-free at 833-609-9716, send an e-mail to info@LendersLiborSettlements.com, or visit the website for the Settlements at www.LendersLiborSettlements.com to obtain the required file layout.
- A proof of claim received by the Claims Administrator shall be deemed to have been submitted when posted, if mailed by November 20, 2018 and if a postmark is indicated on the envelope and it is mailed first class, and addressed in accordance with the above instructions. In all other cases, a proof of claim shall be deemed to have been submitted when actually received by the Claims Administrator.
- You should be aware that it will take a significant amount of time to process fully all of the proofs of claim and to administer the Settlements. This work will be completed as promptly as time permits, given the need to investigate and tabulate each proof of claim. Please notify the Claims Administrator of any change of address.