U.S. Securities and Exchange Commission Establishes Elanco Animal Health Fair Fund
Before the
SECURITIES AND EXCHANGE COMMISSION
ADMINISTRATIVE PROCEEDING
File No. 3-22309
In the Matter of Elanco Animal Health Inc.
PLAN NOTICE OF ELANCO ANIMAL HEALTH
TO: Individuals and entities, or their lawful successors, who purchased or acquired Elanco Animal Health Inc. common stock registered with the Commission and traded under the symbol ELAN (the "Security") during the period of
If you fall within the group above, you must submit a completed Claim Form with the necessary documentation on or before the deadline to be considered for eligibility to receive a Distribution Payment from the Elanco Animal Health Fair Fund. If you send the Claim Form by
I. Purpose of this Plan Notice
The purpose of this Plan Notice is to inform you that you may be eligible to share in the proceeds of the Elanco Animal Health Fair Fund described herein. To be potentially eligible to share in the Elanco Animal Health Fair Fund, you must file a Claim Form in accordance with the steps set forth in this Plan Notice and in the Plan of Distribution (the "Plan") approved by the Securities and Exchange Commission ("SEC" or "Commission"). Claim Forms, together with this Plan Notice, are being mailed to all known Preliminary Claimants1 who are identified as Preliminary Claimants by the Commission-appointed Fund Administrator ("Fund Administrator"), Epiq Class Action & Claims Solutions, Inc. ("Epiq").2 Copies of the Plan, this Plan Notice, and the Claim Form are available on the Elanco Animal Health Fair Fund website at www.ElancoAnimalHealthFairFund.com and through the Commission's website at https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/elanco. Certain persons are excluded from eligibility under the Plan; these exclusions are summarized in Section III below.
Please Note: Receipt of this Plan Notice does not mean you are a Preliminary Claimant as that term is defined in the Plan.
SPECIAL NOTICE TO SECURITIES BROKERS AND OTHER NOMINEE PURCHASERS: If you purchased or acquired shares of the Security during the Relevant Period as a nominee for a beneficial owner, then within fourteen (14) days after you receive this Plan Notice, you must either: (a) send a copy of this Plan Notice and the accompanying Claim Form by First-Class Mail to all such beneficial owners; or (b) provide a list of the names and addresses of such beneficial owners to the Fund Administrator listed in Part VI of this Plan Notice.
PLEASE READ THIS PLAN NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU SATISFY THE ELIGIBILITY CRITERIA DESCRIBED BELOW, YOU MAY BE ELIGIBLE TO RECEIVE A DISTRIBUTION PAYMENT FROM THE ELANCO ANIMAL HEALTH FAIR FUND. THIS PLAN NOTICE CONTAINS IMPORTANT INFORMATION REGARDING YOUR POSSIBLE ELIGIBILITY TO SHARE IN THE ELANCO ANIMAL HEALTH FAIR FUND.
II. Background
On
III. Eligibility Criteria and the Distribution Methodology
To qualify for a payment from the Elanco Animal Health Fair Fund, you must satisfy certain eligibility criteria that are described in detail in the Plan. The Plan is available on the Fair Fund website at www.ElancoAnimalHealthFairFund.com and on the Commission's public website at https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/elanco. You can also request a copy of the Plan by calling the Fund Administrator at 1-877-239-1876 or by emailing [email protected]. The eligibility criteria include the following:
- You must have purchased the Security during the Relevant Period.
- Your approved transactions must calculate to a Recognized Loss as calculated according to the Plan of Allocation attached to the Plan as Exhibit A, and your Distribution Payment must equal or exceed
$20.00 .
You are excluded from participation in the Elanco Animal Health Fair Fund if you are an Excluded Party as defined in the Plan, including the following:
- The Respondent ("Elanco Animal Health Inc.").
- Present or former officers or directors of the Respondent or any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing Persons or entities.
- Any employee or former employee of the Respondent or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order.
- Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related Commission action.
- Any firm, trust, corporation, officer, or other entity in which the Respondent has or had a controlling interest.
- The Fund Administrator, its employees, and those Persons assisting the Fund Administrator in its role as the Fund Administrator.
- Any purchaser or assignee of another Person's right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance or devise.
The Recognized Loss incurred by a Preliminary Claimant shall be determined as set forth in the Plan. The methodology used to determine eligibility and calculate Distribution Payments is set forth in the Plan of Allocation attached to the Plan as Exhibit A.
IV. Claim Forms
A CLAIM FORM IS BEING MAILED TOGETHER WITH THIS NOTICE TO ALL PRELIMINARY CLAIMANTS KNOWN TO THE FUND ADMINISTRATOR. IF YOU DO NOT RECEIVE A CLAIM FORM IN THE MAIL OR REQUIRE ADDITIONAL CLAIM FORMS, FOLLOW THE INSTRUCTIONS BELOW UNDER "ADDITIONAL INFORMATION."
CLAIM FORMS MAY BE SUBMITTED (I) BY
MAILED SUBMISSIONS MUST BE POSTMARKED ON OR BEFORE
V. Claim Determinations
The Fund Administrator will provide a Claim Status Notice within 60 days of the Claims Bar Date to each Preliminary Claimant who has filed a deficient Claim Form with the Fund Administrator. The Claim Status Notice will provide to each Preliminary Claimant whose claim is deficient, in whole or in part, the reason(s) for the deficiency (e.g., failure to provide required information or documentation). In the event the claim is denied, in whole or in part, the Claim Status Notice will state the reason(s) for such denial. The Claim Status Notice will also notify the Preliminary Claimant of the opportunity to cure any deficiency, request reconsideration, or dispute the determination made by the Fund Administrator and provide instructions regarding what is required to do so.
Within 150 days of the Claims Bar Date, the Fund Administrator will complete all claims determinations and send a Determination Notice to all Preliminary Claimants who timely submitted a Claim Form notifying the Preliminary Claimant of its eligibility determination. The Determination Notice will further provide to each Preliminary Claimant that is determined to be a Preliminary Claimant his, her, or its calculated Recognized Loss. The Determination Notice will constitute the Fund Administrator's final ruling regarding the eligibility status of the claim.
The Fund Administrator may consider disputes of a Preliminary Claimant's Recognized Loss calculation if presented in writing to the Fund Administrator within 30 days of the date of the Determination Notice. Within 30 days of receiving a Preliminary Claimant's dispute, the Fund Administrator will notify the Preliminary Claimant, in writing, of its calculation of the Preliminary Claimant's Recognized Loss after considering the dispute. This notice will constitute the Fund Administrator's final ruling regarding the loss calculations for the claim.
Instructions for Submitting a Claim Form
Claim Forms may be submitted (i) by
Claim Forms submitted by
Elanco Animal Health Inc. Fair Fund
Fund Administrator
PO Box 2228
IMPORTANT: A Claim Form that is not postmarked on or before the Claims Bar Date shall be deemed untimely and shall bar the claimant from receiving a distribution from the Elanco Animal Health Fair Fund.
Online Submission:
Claim Forms may be submitted online through the claims portal located at www.ElancoAnimalHealthFairFund.com. Online submissions must be received no later than
Email Submission:
Claim Forms may also be submitted via email to [email protected]. Email submissions must be received no later than
Online and email submissions must include all required supporting documentation for each transaction listed in Part III of the Claim Form.
IMPORTANT: A Claim Form that is submitted online or by email that is not received on or before the Claims Bar Date shall be deemed untimely and shall bar the claimant from receiving a distribution from the Elanco Animal Health Fair Fund.
VI. Additional Information
Additional information regarding the Elanco Animal Health Fair Fund may be found at www.ElancoAnimalHealthFairFund.com. Additional Claim Forms and Plan Notices may also be downloaded at the Elanco Animal Health Inc. Fair Fund's website. You may obtain additional information or request copies of Claim Form and Plan Notice by calling the Elanco Animal Health Fair Fund's toll-free number at 1-877-239-1876, or by emailing [email protected].
PLEASE CHECK THE WEBSITE WWW.ELANCOANIMALHEALTHFAIRFUND.COM FREQUENTLY FOR UPDATES.
1 Capitalized terms not defined here are defined in the Plan.
2 On
3 Securities Act Rel. No. 11326 (
4 Securities Exchange Act Rel. No. 105354 (
URL// www.ElancoAnimalHealthFairFund.com
Your approved transactions must calculate to a Recognized Loss as calculated according to the Plan of Allocation attached to the Plan as Exhibit A, and your Distribution Payment must equal or exceed
Your approved transactions must calculate to a Recognized Loss as calculated according to the Plan of
Allocation attached to the Plan as Exhibit A, and your Distribution Payment must equal or exceed
View original content:https://www.prnewswire.com/news-releases/us-securities-and-exchange-commission-establishes-elanco-animal-health-fair-fund-302804854.html
SOURCE Epiq
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