JITEC INC. SECURITIES LITIGATION Superior Court of Quebec, Case No & Case No PROOF OF CLAIM AND RELEASE

Transcription

1 JITEC IC. SECURITIES LITIGATIO Superior Court of Quebec, Case o & Case o PROOF OF CLAIM AD RELEASE I. GEERAL ISTRUCTIOS 1. To recover as a member of the Class based on your claims in the actions entitled Case o and Case o , you must complete and, on page 5 hereof, sign this Proof of Claim and Release ( Proof of Claim ). If you fail to file a properly addressed (as set forth in paragraph 4 below) Proof of Claim, your claim may be rejected and you may be precluded from any recovery from the settlement fund created in connection with the settlement of the Litigation. 2. A separate claim must be filed for each account in which Jitec Inc. shares were held. 3. Submission of this Proof of Claim, however, does not assure that you will share in the proceeds of settlement in the Litigation. 4. PLEASE MAKE SURE TO FILE OUR COMPLETED AD SIGED PROOF OF CLAIM AD RELEASE B OR B MAIL, POSTMARKED O OR BEFORE MARCH 16, 2015, ADDRESSED TO THE CLAIMS ADMIISTRATOR: Jitec Inc. Securities Litigation Claims Administrator c/o PT RicePoint P.O. Box 3355 London, Ontario 6A 4K3 jitec@nptricepoint.com If you are OT a member of the Class, as defined in the Settlement Agreement, PLEASE DO OT submit a Proof of Claim form. If you are a member of the Class, you are bound by the terms of the judgment which approved the settlement of the present Class Actions, WHETHER OR OT OU SUBMIT A PROOF OF CLAIM AD RELEASE FORM, unless you have already opted-out of the Class. II. DEFIITIOS 1. Class or Class Members means all persons and entities, other than Excluded Persons and Opt-Out Parties, who acquired shares of Jitec Inc. during the Class Period and sustained a loss on those shares. 2. Class Period means the period from July 26, 2000 through ovember 9, 2000, inclusive. 3. Defendants means Avantage Link Inc. (formerly Jitec Inc.), Benoit Laliberté, Marchés Mondiaux CIBC Inc. / CIBC World Markets Inc., LVM Canada Ltd./LVM Canada Ltée (formerly Leduc & Associés Valeurs Mobilières (Canada) Ltée. / Leduc & Associates Securities (Canada) Ltd.) and Corporation Canaccord Genuity / Canaccord Genuity Corporation (formerly La Corporation Canaccord Capital / Canaccord Capital Corporation) 4. Excluded Persons means the Defendants, their officers, directors, and any affiliates or corporate subsidiaries of the Defendants and the officers and directors thereof, as the case may be. 5. Releasees means the Defendants, their affiliates, subsidiaries and related persons, as well as their respective directors, officers, shareholders, partners, employees, representatives, agents, insurers, successors, trustees, assigns and ayants-droits. 6. Released Claims (or Released Claim in the singular) means any and all manner of claims, demands, actions, suits, causes of action, whether class, individual or otherwise in nature, damages of any nature whatsoever, including interest, costs, expenses, Administration Expenses, Class Counsel Fees and lawyers fees, known or unknown, suspected or unsuspected, in law, under statute or in equity, that Releasors, or any of them, whether directly or indirectly, ever had, now have, or hereafter can, shall, or may have as against the Releasees, relating in any way to the purchase, sale, pricing, marketing or distributing of shares of Jitec Inc. during the Class Period, or to any representations, made by the Releasees during the Class Period to anyone concerning Jitec Inc., or relating to any conduct alleged (or which could have been alleged) in these class actions, including, without limitation, any such claims which have been asserted, would have been asserted or could have been asserted as a result of the purchase and/or sale of shares of Jitec Inc. during the Class Period.

2 III. CLAIMAT IDETIFICATIO 1. If you purchased or acquired Jitec Inc. shares and held the certificate(s) in your name, you are the beneficial purchaser as well as the record purchaser. If, however, the certificate(s) were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial purchaser and the third party is the record purchaser. 2. Use Part I of this form entitled Claimant Identification to identify each purchaser of record. In addition, if you are OT the beneficial purchaser and are filing a claim on behalf of the beneficial purchaser, please complete the filer name field in Part I of the Claimant Identification section on the first page of the claim form. THIS CLAIM MUST BE FILED B THE ACTUAL BEEFICIAL PURCHASER OR PURCHASERS, OR THE LEGAL REPRESETATIVE OF SUCH PURCHASER OR PURCHASERS OF THE JITEC IC. SHARES UPO WHICH THIS CLAIM IS BASED. 3. All joint purchasers must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of Persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The Social Insurance number, Business number or other unique tax identifier and telephone number of the beneficial purchaser 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. IV. CLAIM FORM 1. ou may file your Proof of Claim form with the Claims Administrator by submitting a claim by mail, or electronically as per paragraph 7 below, to the Claims Administrator (see address on first page of these instructions). 2. A separate claim must be filed for each account in which Jitec Inc. shares were held during the Class Period. 3. ou must provide all of the requested information with respect to all of your purchases and acquisitions of Jitec Inc. shares which took place at any time between July 26, 2000 and ovember 9, 2000, inclusive (the Class Period ). ou must also provide all of the requested information with respect to all of your sales of Jitec Inc. shares which took place at any time between July 26, 2000 and ovember 9, ou must also provide all of the requested information with respect to all of the Jitec Inc. shares you held at the close of trading on July 25, 2000 and at the close of trading on ovember 9, Failure to report all such transactions may result in the rejection of your claim. 4. List each transaction in the Class Period separately and in chronological order, by trade date, beginning with the earliest. ou must provide the month, day and year of each transaction you list. 5. Trade confirmations indicating the purchases(s) and/or sale(s) of shares of Jitec Inc. during the Class Period, OR monthly or annual statements from a financial advisor or financial institution which indicate the purchase(s) and/or sale(s) of Jitec Inc. during the Class Period, OR any other genuine and objective documents indicating the purchase(s) and/or sale(s) of shares of Jitec Inc. during the Class Period, must be submitted with your Proof of Claim. 6. The above requests are designed to provide the minimum amount of information necessary to process the most simple claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your losses. In some cases where the Claims Administrator cannot perform the calculation accurately or at a reasonable cost to the Class with the information provided, the Claims Administrator may conditionally accept the claim pending receipt of additional information. 7. OTICE REGARDIG ELECTROIC FILES: Certain claimants may request, or may be requested, to submit information regarding their transactions in an electronic aggregate file. If you wish to file an electronic claim, you must contact the Claims Administrator to obtain its permission at or jitec@nptricepoint.com. 2

3 Use Only Jitec Inc. Securities Litigation Superior Court of Quebec, Case o & Case o PROOF OF CLAIM AD RELEASE Please Type or Print in the Boxes Below Do OT use Red Ink, Pencil, or Staples Must Be Postmarked o Later Than March 16, 2015 JITEC PART I: CLAIMAT IDETIFICATIO Last ame M.I. First ame Last ame (Co-Owner) First ame (Co-Owner) RRSP RRIF RESP Trust Pension IRA Other (specify) Telephone umber (Work) Telephone umber (Home) Address Address MAILIG IFORMATIO Address City State Zip Code FOR CLAIMS PROCESSIG OL OB CB ATP KE BE DR EM FL ME D OP RE SH MM/ D D/ FOR CLAIMS PROCESSIG OL 3

4 PART II. SCHEDULE OF TRASACTIOS I JITEC IC. TRADED O THE MOTREAL STOCK EXCHAGE Proof Enclosed? A. umber of Jitec Inc. shares held at the close of PURCHASES Trade Date(s) of Shares (List Chronologically) M M D D umber of Jitec Inc. Shares Purchased Total Purchase Price (Canadian $) Including Commissions Please round off to the nearest whole dollar 1. / / C$. 0 0 / / C$ / / C$ / / C$ / / C$. 0 0 Proof of Purchase Enclosed? SALES Trade Date(s) of Shares (List Chronologically) M M D D umber of Jitec Inc. Shares Sold Total Sales Price (Canadian $) Including Commissions Please round off to the nearest whole dollar 1. / / C$. 0 0 / / C$ / / C$ / / C$ / / C$. 0 0 Proof of Sales Enclosed? D. umber of Jitec Inc. shares held at the close of Proof Enclosed? If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 5. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. 4

5 PART III. SWOR STATEMET AD SUBMISSIO TO JURISDICTIO OF THE SUPERIOR COURT OF QUEBEC ewspaper otice otice Mailing Online (i.e. Facebook, Twitter, etc) Other Through what institution did you hold shares of Jitec Inc.? TD RBC SCOTIA CIBC BMO Other (specify) (specify) was approved by the Superior Court October 27, 2014, and sustained a loss on these shares. 6. I (we) certify that the information contained in this Proof of Claim is true and correct, and indicates all of my (our) purchase(s) and sale(s) of shares of Jitec Inc. during the Class Period. (we) know of no person who has done so on my (our) behalf. As a member of the class, I am bound by the terms and conditions of the Settlement Agreement including the provisions in section 10 which state that I am granting a full and final release and discharge by myself/ourselves, as well as my (our) successors, assigns and ayants-droit, to all of the Defendants, their affiliates, subsidiaries and related persons, as well as their respective directors, officers, shareholders, partners, employees, representatives, agents, insurers, successors, trustees, assigns and ayants-droit, from any and all claims, actions, causes of action of whatsoever nature, damages, whether known or unknown, or demands arising from or related, directly or indirectly, in whole or in part, to any and/or all of the facts and issues asserted or that could have been asserted in the present Class Actions. 10. After the Claims Administrator has distributed the et ettlement roceeds in accordance with the orders of the ourt all of the class the by the Court with respect to the Settlement Agreement regarding these Class Actions. Executed this day of in (Sign your name here) (Sign your name here) (Type or print your name here) (Type or print your name here) (Capacity of person(s) signing, e.g., Proof of Authority to File Enclosed? es o (Capacity of person(s) signing, e.g., Proof of Authority to File Enclosed? es o 5

6 ACCURATE CLAIMS PROCESSIG TAKES A SIGIFICAT AMOUT OF TIME. THAK OU FOR OUR PATIECE. Reminder Checklist: 1. Please sign the sworn statement and submission on page The Claims Administrator will acknowledge receipt of your Proof of Claim and Release by mail or within 60 days. If you do not receive an acknowledgement postcard within 60 days, please call the Claims Administrator toll free at Privacy Statement to the Personal Information Protection and Electronic Documents Act (PIPEDA) for the purposes of administering the Jitec Inc. Claimant, except in accordance with the Jitec Inc. Settlement Agreement. 6