LIQUID ALUMINUM SULFATE ANTITRUST LITIGATION USALCO, SII AND AMERICAN SECURITIES DIRECT PURCHASER SETTLEMENT

CIVIL ACTION NO. 16-MD-2687 (JLL) (JAD)

UNITED STATES DISTRICT COURT, DISTRICT OF NEW JERSEY

CLAIM FORM FOR DIRECT PURCHASER SETTLEMENT WITH THE USALCO SETTLING PARTIES



IMPORTANT: PLEASE READ BEFORE COMPLETING THIS CLAIM FORM

NOTE: If you are claiming for more than 20 purchase transactions, please submit a spreadsheet instead of completing the SCHEDULE OF QUALIFYING ALUM PURCHASES in Section III below. Please email the Settlement Administrator at info@LiquidAluminumUSALCOSettlement.com to request further instructions.

To be eligible for a payment from this Settlement, you must be a Direct Purchaser Settlement Class Member, i.e., you must have purchased liquid aluminum sulfate (“Alum”) in the United States directly from a Defendant from January 1, 1997 through February 28, 2011.

IF YOU PREVIOUSLY SUBMITTED A CLAIM FORM WITH RESPECT TO THE SETTLEMENTS WITH GEO, KEMIRA OR CHEMTRADE, IT IS NOT NECESSARY TO FILE AN ADDITIONAL CLAIM FORM TO PARTICIPATE IN THE SETTLEMENTS WITH USALCO, SII AND AMERICAN SECURITIES.

This Claim Form must be completed and submitted by Direct Purchaser Settlement Class Members who seek to receive a payment from partial settlements (“Settlements”) in the action captioned In Re: Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687 (JLL) (JAD) (“Action”).

THIS CLAIM FORM MUST BE COMPLETED AND SUBMITTED NO LATER THAN NOVEMBER 7, 2019 IN ORDER TO BE ELIGIBLE TO RECEIVE A SHARE OF THE NET SETTLEMENT FUND IN CONNECTION WITH THE SETTLEMENT.

FAILURE TO SUBMIT YOUR CLAIM FORM BY NOVEMBER 7, 2019 WILL SUBJECT YOUR CLAIM TO REJECTION AND MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECEIVE ANY MONEY IN CONNECTION WITH THE SETTLEMENT.

DO NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES, OR THEIR COUNSEL. SUBMIT YOUR CLAIM FORM ONLY TO THE SETTLEMENT ADMINISTRATOR BY COMPLETING THE ONLINE FORM BELOW.

If you have questions regarding your Claim Form, please call 1-855-338-6128 or email info@LiquidAluminumUSALCOSettlement.com. Members of the Direct Purchaser Settlement Class who do not timely and validly seek exclusion from the Direct Purchaser Settlement Class in accordance with the instructions set forth in the Notice will be bound by the judgment entered approving this Settlement as to the USALCO Settling Parties regardless of whether they submit a Claim Form.


TABLE OF CONTENTS

PART I – GENERAL INSTRUCTIONS

PART II – CLAIMANT INFORMATION

PART III – SCHEDULE OF QUALIFYING ALUM PURCHASES

PART IV – SUBMISSION TO JURISDICTION OF THE DISTRICT COURT

PART V – CERTIFICATION


PART I – GENERAL INSTRUCTIONS

1. It is important that you completely read and understand the Notice. The Notice describes the proposed Settlements with USALCO, with SII and with American Securities, how Direct Purchaser Settlement Class Members are affected by the Settlements, and the manner in which the Net Settlement Fund will be distributed if the Settlements are approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) 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.

2. To be eligible for a payment from the Settlement, you must be a Direct Purchaser Settlement Class Member. The Direct Purchaser Settlement Class is defined as all persons or entities that purchased Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011.1 Excluded from the Direct Purchaser Settlement Class are (1) Defendants and their respective parents, subsidiaries, and affiliates, and (2) any Direct Purchasers who timely and validly elect to be excluded from the Direct Purchaser Settlement Class.

[1] Defendants are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., Kemira and Chemtrade, USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J. Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey.

3. Important - Please Note: This Claim Form does not pertain to the settlements involving the indirect purchasers. DO NOT SUBMIT THIS CLAIM FORM IF YOU ARE AN INDIRECT PURCHASER.

4. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A DIRECT PURCHASER SETTLEMENT CLASS MEMBER (see definition of Direct Purchaser Settlement Class on page 5 of the Notice or FAQ 6), OR IF YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE DIRECT PURCHASER SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A DIRECT PURCHASER SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE DIRECT PURCHASER SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.

5. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in the rejection of your claim and may subject you to civil liability or criminal prosecution.

6. Please be aware that there are specialized companies that may offer to fill out and file your Claim Form in return for a percentage of the value of your claim. Before you sign a contract with one of these companies, you should examine the claim-filing process provided here and decide whether using a specialized company is worth the cost. You can always seek help free of charge from the Settlement Administrator or Interim DPP Lead Counsel.

7. If the Court approves the Settlement, payments to eligible Direct Purchaser Settlement Class Members will be made after the Court grants final approval to the Settlement, after all appeals are resolved, and after the completion of all claims processing. This process could take substantial time. Please be patient.

8. If you have questions concerning the Claim Form, or need additional copies of the Claim Form or the Notice, you may contact the Settlement Administrator by writing to: Liquid Aluminum Sulfate Antitrust Litigation – USALCO Direct Purchaser Settlement, PO Box 30097, Philadelphia, PA 19103, emailing: info@LiquidAluminumChemtradeSettlement.com, or you may download the documents from the website by visiting the Important Documents page. You may also contact Interim DPP Lead Counsel, James E. Cecchi, Esq., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., 5 Becker Farm Road, Roseland, NJ 07068; 973-994-1700.


PART II – CLAIMANT INFORMATION

The Settlement Administrator will use the information provided below for all communications regarding this Claim Form. If this information changes, you MUST notify the Settlement Administrator in writing at the address in FAQ 23.

Claimant Names(s): (as the name(s) should appear on check, if eligible for payment). Provide either a First and Last Name or a Company Name (not both) to whom you would like a check made payable if your claim is eligible for payment. If you provide both, we will use your First and Last Name, not the Company Name:

*Required

Individual
Company

Name of Person the Settlement Administrator Should Contact Regarding this Claim Form:





Domestic
Foreign





PART III – SCHEDULE OF QUALIFYING ALUM PURCHASES

In the purchase section below, please report separately each of your purchases of Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011.2 In order to qualify as a claim, your purchase(s) must have been billed to and/or shipped to a location in the United States. Foreign transactions where billing and shipping took place outside of the United States do not qualify. Please attach copies of your purchase order(s), invoice(s), or other documentation of your purchase(s). For each purchase of Alum listed below, please include the quantity of Alum purchased, the dollar amount (in U.S. dollars) of purchases made directly from a Defendant during the relevant time period, and the date of each purchase. Amounts should be rounded to the nearest dollar. (Example: $12,345.67 should be entered as $12,346.) Do not include transportation charges, rebates, refunds, credits, etc.

[2] Defendants are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., Kemira and Chemtrade, USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J. Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey, Milton Sundbeck, Matthew LeBaron and Scott Wolff.

The Net Settlement Fund will be allocated to eligible Direct Purchaser Settlement Class Members on a pro rata basis based on the total dollar value of each Direct Purchaser Settlement Class Member’s purchase(s) of Alum in the United States directly from a Defendant during the relevant time period to the total dollar value of all valid claims submitted.


*Required

Purchase 1:








PART IV - SUBMISSION TO JURISDICTION OF THE DISTRICT COURT

By signing below, you are verifying that:

  1. You have provided genuine documentation to support your claim and agree to provide additional information to Interim DPP Lead Counsel or the Settlement Administrator if necessary;
  2. You have not assigned or transferred (or purported to assign or transfer) or settled for the same purchases or submitted any other claim for the same purchases of Alum and have not authorized any other person or entity to do so, and know of no other person or entity having done so on your behalf;
  3. The information provided in this Claim Form is accurate and complete; and
  4. You agree to submit to the jurisdiction of the United States District Court for the District of New Jersey, where this Action is pending, for purposes of resolving any issues related to or arising from your claim.


PART V - CERTIFICATION





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