Institutional filers see here.

Xebec Adsorption Inc. Securities Class Action Claims Administration

CLAIM FORM

This Claim Form must be submitted by 11:59 pm Eastern Standard Time on April 30, 2024
IDENTIFICATION OF CLAIMAINT (OR AUTHORIZED REPRESENTATIVE ACTING ON CLAIMANT’S BEHALF

The Claims Administrator will use this information for all communications regarding your Claim Form. Please input the information of the person you wish the Administrator to contact with regards to your Claim Form. If this information changes, you MUST notify the claims administrator by email to xebec@velvetpayments.com.


    

IMPORTANT INFORMATION AND INSTRUCTIONS

  1. Only shares of Xebec Adsorption Inc. that were purchased or acquired during the period from November 10, 2019 through to March 24, 2021 (“Class Period”), and which were held as of the close of trading on the Toronto Stock Exchange on March 11, 2021 or March 24, 2021, may be eligible to participate in this claims process (“Eligible Securities”). The location of the transaction or the location of the securities exchange on which the shares were acquired or purchased would not be relevant for the purposes of this claims process. Investors who represent Eligible Securities may participate in this claims process regardless of the country in which they reside or are domiciled (“Eligible Claimants”).1
  2. Eligible Claimants may participate in the claims process regardless of whether they subsequently sold the Eligible Securities, or that they continue to hold the Eligible Securities.
  3. If an Eligible Claimant purchased or acquired shares of Xebec Adsorption Inc. in multiple transactions, to determine which ones were held through or sold and, if sold, to determine the price at which they were sold, apply the First-In, First-Out method (“FIFO”). In attendance with the FIFO method, shares will be deemed to have been sold in the order they were purchased. For example, if an Eligible Claimant’s list of transactions of shares of Xebec Adsorption Inc. in the secondary market was as follows:

  4. No.Transaction Date(s) (DD/MM/YY)Purchase or SaleNumber of Shares Purchased/Sold
    A 11/05/2019 Purchase 1,000
    B 30/11/2020 Purchase 2,000
    C 10/03/2020 Sale 1,500
    D 01/04/2021 Sale 500

    Transaction A was carried out outside of the Class Period, therefore does not represent Eligible Securities;

    Transaction B was carried out within the Class Period, and it would represent Eligible Securities if those shares are held as of the close of trading on the Toronto Stock Exchange on March 11, 2021 or March 24, 2021;

    Transaction C is applied against the 1,000 shares purchased on May 11, 2019 as well as 500 of the shares purchased on November 30, 2020. Therefore, 1,500 of the shares that were purchased on November 30, 2020 continued to be held as of the close of trading on the Toronto Stock Exchange on March 11, 2021 or March 24, 2021, and they are Eligible Securities.

    Transaction D is applied against 500 of the 1,500 Eligible Securities that were purchased on November 30, 2020. Therefore, this Eligible Claimant:

    1. purchased 1,500 Eligible Securities on November 30, 2020;
    2. sold 500 of those 1,500 Eligible Securities on April 1, 2021; and
    3. continues to hold 1,000 of those Eligible Securities.

  5. If the purchases and/or sales were carried out in other than Canadian currency, please use this tool available on the website of Bank of Canada to convert the purchase or sale price to Canadian currency as of the applicable date of the transaction(s). https://www.bankofcanada.ca/rates/exchange/currency-converter/
  6. If there are multiple eligible purchases and/or sales, please provide the average purchase price and/or average selling price with respect to those Eligible Securities.
  7. Please upload supporting documents (namely, account statements) demonstrating your purchase(s)/sale(s) of shares of Xebec Adsorption Inc. Note that supporting documentation is required in order for the Claims Administrator to process your claim.
  8. Where possible, the Claim Administrator will issue payments by e-transfer to the email address provided in this Claim Form. By completing and submitting this Claim Form you consent to receiving payment through e-transfer. If the Claim Administrator determines that e-transfer is not available or that it is not feasible, the Claim Administrator will issue a cheque deliverable to the mailing address provided in this Claim Form.
  9. All payments will be issued in Canadian currency.
NOTE: If the Claims Administrator determines that your distribution amount is LESS THAN $25, the Claims Administrator will NOT issue a payment to you.




SUPPORTING DOCUMENTATION (Required)

Please upload supporting documents (namely, account statements) demonstrating your purchase(s)/sale(s) of shares of Xebec Adsorption Inc. Note that supporting documentation is required in order for the Claims Administrator to process your claim.

Click to add supporting documents
or
Drag supporting documentation here

DECLARATION

YOU MUST READ AND SIGN THE DECLARATION. FAILURE TO SIGN THIS FORM MAY RESULT IN A DELAY IN PROCESSING OR THE REJECTION OF YOUR CLAIM.

I acknowledge that I am a Class Member (or the duly authorized representative of a Class Member) bound by and subject to the terms of the Settlement Agreement, Plan of Allocation and any Court order that may form any part of the litigation and settlement. I hereby agree to provide additional information to the Administrator to support this claim, if requested to do so. I have not submitted any other claim covering the same purchases or sales of Xebec’s securities during the Class Period and know of no other person having done so on my behalf.

On behalf of myself and each of my heirs, agents, executors, trustees, administrators, predecessors, successors, and assigns, I submit this Claim Form under the terms of the Settlement Agreement, Plan of Allocation and any Court order that may form any part of the litigation and settlement and enforcing the release and declaration set forth herein.

I hereby warrant and represent that I 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.

I hereby warrant and represent that I have included the information requested about all of my transactions in Xebec’s securities which are the subject of this claim, which occurred during the Class Period, as well as the opening and closing positions in such securities held by me on the dates required in this Claim Form.


Release of Releasees
Pursuant to the Settlement Agreement, Plan of Allocation and Court documents;

Upon the Effective Date, in consideration of payment of the Settlement Amount and for other valuable consideration set forth in the Settlement Agreement, the Releasors forever and absolutely release, waive and discharge the Releasees from the Released Claims that any of them, whether directly, indirectly, or in any other capacity, ever had, now have, or hereafter can, shall or may have.

I declare under penalty of perjury and disqualification to receive payment from the Compensation Fund, under the laws of the Province of Québec, that all of the foregoing information, documentation, calculations and identity supplied in my Claim Form Package by the undersigned is true, accurate and correct.


Executed on in , (Required)
(City) (Province/State)

USE OF REPRESENTATIVE:

If the person completing and submitting this Claim Form is a representative for the Eligible Claimant, he, she, they or it must certify that he, she, they or it is authorized to do so on behalf of the Eligible Claimant.

I, , certify that I am authorized to complete and submit this Claim Form on behalf of , who is an Eligible Claimant.






If you have any questions while completing the Claim Form please contact the Claims Administrator at:
Velvet Payments
5900 Andover Ave. Suite 1
Montreal, Quebec H4T 1H5
xebec@velvetpayments.com
1-888-770-6892

1 Per the terms of the Settlement Agreement and the Orders of the Court, a limited group of persons and entities are excluded from this definition, and they may not participate in the claims process. Visit xebecsecuritiessettlement.com for more information.

OK
OK