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SilverCorp Class Action Settlement Agreement

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SilverCorp Class Action Settlement Agreement, December 2nd, 2015

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SilverCorp Class Action Settlement Agreement

  1. 1. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE SILVERCORP METALS, INC. SECURITIES LITIGATION Case No. 12-cv-9456 (JSR) CLASS ACTION D ORDER RE: FINAL DISTRIBUTION OF NET SETTLEMENT FUND By Final Judgment and Order of Dismissal, dated February 13, 2015 (the "Final Order"), this Court approved, inter a!ia, the terms of the (i) Settlement Stipulation whereby Settling Defendants agreed to pay $14 million (the "Settlement Fund"), and (ii) Plan of Allocation for distribution of the Net Settlement Fund. 1 The court-approved settlement administrator, Berdan Claims Administration LLC (''Berdan") has determined that 8,632 valid claims representing Recognized Losses of $32,594,691.56 were filed on the Settlement Fund, representing a gross recovery of 43% for all valid claims. In connection with printing, mailing and publication of the Notice, Berdan previously expended $245,375.14, all of which was reimbursed pursuant to the Settlement Stipulation and 1 Unless otherwise indicated, all initially capitalized terms used herein shall have the meanings ascribed to them in the October 23, 2014 Stipulation and Agreement of Settlement (ECF No. 58) and the November 12, 2014 Order of Preliminary Approval (ECF No. 63). Case 1:12-cv-09456-JSR Document 91 Filed 12/02/15 Page 1 of 4
  2. 2. Final Order, as itemized in footnote 3 of the accompanying Memorandum in Support of Class Plaintiffs' Motion for an Order for Final Distribution of the Net Settlement Fund (the "Memorandum"). The remaining Settlement Fund (after payment of the first 50% of court approved attorneys' fees and expenses; Lead Plaintiffs' compensatory awards; and settlement notice related costs) presently totals $11,864,286.11. Based on the engagement letter with Berdan dated November 19, 2014, Berdan is entitled to administrative fees totaling $132,898.48, as itemized in Exhibit F to the Affidavit of Michael Rosenbaum in Support of Plaintiffs' Motion for an Order of Distribution (the "Rosenbaum Affidavit"), which would be payable from the Settlement Fund. Under ~~ 18-19 of the Final Order, the balance of the prior-approved attorney's fees and expenses payable from the Settlement Fund upon entry of this Order totals $1,750,000.00 in fees and $113,466.96 in expenses, which likewise is payable from the Settlement Fund. The balance of the Settlement Fund after all these payments to attorneys and the claims administrator (the "Net Settlement Fund") is payable pro rata to claimants who submitted valid claims as recommended by Berdan. This Court has authorized and directed the parties to implement all of the terms and provisions of the Settlement Stipulation and has retained jurisdiction over this Action for the purpose of considering any further application or matter which may arise in connection with the administration and execution of the Settlement, the processing of Proofs of Claims, and the distribution of the Net Settlement Fund. - 2 - Case 1:12-cv-09456-JSR Document 91 Filed 12/02/15 Page 2 of 4
  3. 3. NOW, THEREFORE, upon consideration of the Class Plaintiffs' Motion for an Order for Final Distribution of the Net Settlement Fund (the "Motion"), the Memorandum, the Rosenbaum Affidavit, and upon all prior proceedings herein, and after due deliberation; IT IS HEREBY ORDERED THAT: I. Class Plaintiffs' Motion is granted; 2. Distribution of the Net Settlement Fund shall commence no later than five (5) business days after entry of this Order; 3. Berdon's recommendations to accept the claims as indicated in the exhibits to the Rosenbaum Affidavit are approved, and said claims are hereby accepted; 4. Berdon's recommendations to reject the claims (as indicated on the computer printout of rejected claims submitted with and attached to the Rosenbaum Affidavit) are approved, and said claims are hereby rejected; 5. No claim or documentation supporting rejected claims received after November 30, 2015 may be accepted for any reason whatsoever; 6. Berdon shall be paid the sum of $132,898.48 from the Settlement Fund for the balance of its fees and expenses incurred in connection with the services performed in giving Class Notice, preparing tax returns for the Settlement Fund, processing Proofs of Claims, communicating with Class Members, and administering and distributing the balance of the Net Settlement Fund; 7. No earlier than six (6) months from the date of this Order, any unclaimed, residual balance in the Net Settlement Fund will be redistributed pro rata to all Claimants who have cashed their checks from the first distribution; - 3 - Case 1:12-cv-09456-JSR Document 91 Filed 12/02/15 Page 3 of 4
  4. 4. 8. Thereafter, if any sums remain unclaimed, and the unclaimed amount is not sufficiently large to warrant further distribution, the balance be paid to the New York City Legal Aid Society; 9. This Court shall retain jurisdiction over any further application or matter that may arise in connection with this Action. SO ORDERED: UNIT HON. - 4 - Case 1:12-cv-09456-JSR Document 91 Filed 12/02/15 Page 4 of 4

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