If you're among the investors who acquired American Depository Shares (ADSs) of Loma Negra Compañía Industrial Argentina Sociedad Anonima during its November 2017 Initial Public Offering (IPO), you may be eligible for a settlement award. A class action settlement has been proposed to resolve allegations of misstatements and omissions in the company's IPO registration statement and prospectus. This guide will provide you with detailed information about the settlement, including eligibility criteria, potential benefits, and the process for claiming your award.
Who Benefits?: Investors who purchased or otherwise acquired Loma ADSs pursuant or traceable to the IPO registration statement and prospectus.
How much can I get?: A share of the $24,600,000 settlement fund, the exact amount of which will depend on individual claims and the Plan of Allocation.
Important Dates
- Fairness Hearing: April 10, 2024, at 2:00 p.m.
- Deadline to File a Claim: April 19, 2024
Identifying Eligible Class Members
Eligibility for the settlement is extended to those who invested in Loma ADSs during the company's IPO in November 2017. If you fall into this category, you are considered a Class Member and may be entitled to compensation.
- Individual investors
- Institutional investors
Class Member exclusions include Defendants, their immediate families, entities in which Defendants have a majority ownership, and legal representatives or assigns of such parties. Additionally, any person or entity who submits a valid request for exclusion will not be part of the Settlement Class.
Understanding Settlement Awards
Class Members may receive compensation from the $24,600,000 settlement fund. The Plan of Allocation will determine each Class Member's share based on recognized claims, which are calculated using a formula that accounts for the number and timing of Loma ADSs purchased and sold.
- For ADSs sold before June 21, 2018: The Recognized Loss Amount is the purchase price minus the sale price.
- For ADSs sold on or after June 21, 2018, through February 24, 2023: The Recognized Loss Amount is the purchase price minus the sale price, adjusted based on specific dates and prices.
- For ADSs retained through February 24, 2023: The Recognized Loss Amount is the purchase price minus a specified share price as of June 21, 2018.
The Allegations Behind the Settlement
The settlement addresses allegations that Loma Negra and related parties violated securities laws by providing misleading information in the Offering Materials for the November 2017 IPO.
- The Offering Materials included the registration statement and prospectus issued by Loma Negra.
- The alleged misstatements and omissions relate to the company's corporate affiliates' involvement in a bribery and kickback scheme and risks affecting demand for Loma's products from Argentine public works projects.
Is Proof Required to Claim the Reward?
Yes, Class Members must submit a valid Proof of Claim and Release form with supporting documentation of their Loma ADS transactions to claim a reward.
How to Claim Your Award
To claim your award, submit a completed Proof of Claim and Release form by the deadline of April 19, 2024. The form can be submitted online, by mail, or via a private carrier. Ensure all required information and documentation are provided.
Analyzing the Settlement Fund
The $24,600,000 settlement fund represents a negotiated resolution to the claims against Loma Negra. The amount was determined through negotiations, considering the potential risks and costs of continued litigation.
Rationale for the Settlement
The settlement provides a fair and reasonable outcome for Class Members, avoiding the uncertainty of a trial. It compensates investors for potential losses related to the alleged securities law violations. Class Members who do not exclude themselves will be bound by the settlement terms and relinquish their rights to bring further claims against the Released Defendant Parties. The Settlement Hearing will determine the final approval of the settlement terms.
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