SIBOR/SOR Settlements

PROOF OF CLAIM AND RELEASE


INSTRUCTIONS

1. If you transacted in, purchased, sold, held, traded, or otherwise had any interest in SIBOR- and/or SOR-Based Derivatives during the period from January 1, 2007, through December 31, 2011 (the “Class Period”), you may be eligible to receive a payment from the settlements reached between Representative Plaintiffs and Defendants Citibank, N.A. and Citigroup Inc. (“Citi”), JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (“JPMorgan”), ING Bank N.V. (“ING”), Deutsche Bank AG (“Deutsche Bank”), The Hongkong and Shanghai Banking Corporation Limited (“HSBC”), Credit Suisse AG (“Credit Suisse”), Australia and New Zealand Banking Group, Ltd. (“ANZ”), Bank of America, N.A. (“BOA”), Barclays Bank PLC (“Barclays”), BNP Paribas, S.A. (“BNPP”), Commerzbank AG (“Commerzbank”), Crédit Agricole Corporate and Investment Bank (“CACIB”), DBS Bank Ltd. (“DBS”), MUFG Bank, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd.) (“MUFG”), Oversea-Chinese Banking Corporation Limited (“OCBC”), The Royal Bank of Scotland plc (n/k/a NatWest Markets plc) (“RBS”), Standard Chartered Bank (“SCB”), UBS AG (“UBS”), and United Overseas Bank Limited (“UOB,” collectively with Citi, JPMorgan, ING, Deutsche Bank, HSBC, Credit Suisse, ANZ, BOA, Barclays, BNPP, Commerzbank, CACIB, DBS, MUFG, OCBC, RBS, SCB, and UBS, the “Settling Defendants”) totaling $155,458,000 in the above-captioned case.

2. “SIBOR- and/or SOR-Based Derivatives” means (i) a SIBOR- and/or SOR-based interest rate swap entered into by a U.S. Person, or by a Person from or through a location within the U.S.1; (ii) an option on a SIBOR- and/or a SOR-based interest rate swap (“swaption”) entered into by a U.S. Person, or by a Person from or through a location within the U.S.; (iii) a Singapore Dollar currency forward agreement entered into by a U.S. Person, or by a Person from or through a location within the U.S.; (iv) a SIBOR- and/or SOR-based forward rate agreement entered into by a U.S. Person, or by a Person from or through a location within the U.S; and/or (v) a SIBOR- and/or SOR-based foreign exchange swap entered into by a U.S. Person, or by a Person from or through a location within the U.S.

3. “SIBOR” means the Singapore Interbank Offered Rate. This term includes USD SIBOR and SGD SIBOR.

4. “SOR” means the Singapore Swap Offer Rate (“SOR”).

5. Unless otherwise defined herein, all capitalized terms contained in this proof of claim and release (“Claim Form”) have the same meaning as in the accompanying Notice of Proposed Class Action Settlements, November 29, 2022 Fairness Hearing Thereon, and Class Members’ Rights (“Notice”) and the Settlement Agreements between Representative Plaintiffs and the respective Settling Defendants, which are available at www.siborsettlement.com (the “Settlement Website”).

6. It is important that you read the Notice that accompanies this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the Release and Covenant Not to Sue described in the Notice under the heading “What Am I Giving Up to Receive a Payment?” and provided for in the Settlement Agreement.

7. To be eligible to receive a payment from the Net Settlement Fund, you must submit a timely and valid Claim Form along with the required data and/or information described in Parts II through IV below. To be considered timely, your Claim Form must be submitted online at www.siborsettlement.com by 11:59 p.m. Eastern Time on December 29, 2022 OR postmarked and mailed to the Settlement Administrator no later than December 29, 2022 . If you are unable to submit the required data as described in the additional sections provided, you should call the Settlement Administrator for further instructions.

8. As described in the requirements for claim submission, you are required to submit additional information about your transactions in SIBOR- and/or SOR-Based Derivatives as part of your Claim Form to be submitted to the Settlement Administrator.

9. Your payment amount will be determined based on the Settlement Administrator’s review of your Claim Form and calculated pursuant to the Distribution Plan that the Court approves. Submission of a Claim Form does not guarantee that you will receive a payment from the Settlement. For more information, please refer to the Notice and Distribution Plan available at the Settlement Website.

10. Separate Claim Forms should be submitted for each separate legal entity. Conversely, a single Claim Form should be submitted on behalf of only one legal entity.

11. If you have questions about submitting a Claim Form, you may contact the Settlement Administrator.



REQUIREMENTS FOR CLAIM SUBMISSION

1. YOU MUST SUBMIT YOUR CLAIM FORM ELECTRONICALLY OR ON PAPER IN THE REQUIRED FORMAT

Claimants must electronically submit their Claim Forms online by 11:59 p.m. Eastern Time on December 29, 2022 OR mail the Claim Forms to the Settlement Administrator at SIBOR/SOR Class Action Settlement, c/o A.B. Data, Ltd., P.O. Box 173061, Milwaukee, WI 53217 so they are postmarked and mailed no later than December 29, 2022. Claim Forms must be submitted in the format specified in this Claim Form or posted by the Settlement Administrator on the Settlement Website.

Along with your Claim Form, you are required to submit the details of your transactions in SIBOR- and/or SOR-Based Derivatives reflected in Part IV, below. In addition, please provide any of the following types of supporting documentation that verifies the transaction information you provide:

a. Transaction data from your bank, broker, or internal trade system;
b. Bank confirmations by individual trade;
c. Bank transaction reports or statements;
d. Trading venue transaction reports or statements;
e. Prime broker reports or statements;
f. Custodian reports or statements;
g. Daily or monthly account statements or position reports;
h. Email confirmations from counterparty evidencing transactions;
i. Bloomberg confirmations or communications evidencing transactions; and/or
j. Other documents evidencing transactions in SIBOR- and/or SOR-Based Derivatives during the Class Period.

Please keep all data and documentation related to your eligible SIBOR- and/or SOR-Based Derivatives transactions. Having data and documentation may be important to substantiating your Claim Form.




1 For the avoidance of doubt, all references herein to transactions of any kind entered into by a Person “through a location within the U.S.” include transactions that by operation of a forum selection clause or other contractual provision provide for jurisdiction in any state or federal court within the U.S. in the event of a dispute.