A statement from Stichting Converium Securities Compensation Foundation regarding the Converium case.
By Stichting Converium Securities Compensation Foundation, PRNEWednesday, March 2, 2011
THE HAGUE, Netherlands, March 3, 2011 - The following statement is being issued by Stichting Converium Securities
Compensation Foundation, regarding the Converium case.
HEARING ANNOUNCEMENT
TO: ALL PERSONS (LEGAL OR NATURAL) AND OTHER ENTITIES WHO PURCHASED (OR
OTHERWISE ACQUIRED) SHARES OF THE COMMON STOCK OF CONVERIUM HOLDING AG DURING
THE PERIOD FROM 7 JANUARY 2002 UP TO AND INCLUDING 2 SEPTEMBER 2004 (THE
"RELEVANT PERIOD") ON THE SWX SWISS EXCHANGE OR ANY OTHER STOCK EXCHANGE
OUTSIDE THE UNITED STATES OF AMERICA AND WHO WERE NOT RESIDENTS OF THE UNITED
STATES AT THE TIME OF SUCH PURCHASE OR ACQUISITION ("NON-US EXCHANGE
PURCHASERS")
PLEASE TAKE NOTE THAT SCOR Holding (Switzerland) AG (formerly Converium
Holding AG) ("Converium") and Zurich Financial Services Ltd ("ZFS") have
entered into settlement agreements (the "Agreements") in July 2010 with
Stichting Converium Securities Compensation Foundation (the "Foundation") and
Vereniging VEB NCVB ("VEB"). The Agreements provide for compensation to the
Non-US Exchange Purchasers described above. The parties have also filed a
joint petition with the Court of Appeal in Amsterdam (the "Court"), in The
Netherlands, to have the Agreements declared binding on all Non-US Exchange
Purchasers.
By Court Order of 12 November 2010 the Court has pronounced in a
provisional judgment that it is competent to take cognizance of the request
in the parties' joint petition and furthermore decided that interested
parties may present their arguments in a statement of defense or at the oral
hearing of the petition, if they so desire.
The Court has directed that the hearing of the petition to declare the
Agreements binding will be held on 3 October 2011 at 10.00 a.m. in the Court
Building (Paleis van Justitie) at Prinsengracht 436, Amsterdam, The
Netherlands and, if necessary, will be continued on the following day. The
hearing will be conducted in Dutch.
If the Court declares the Agreements to be binding in a final decision
and if the Agreements are not terminated, settlement relief will be available
for all eligible Non-US Exchange Purchasers in a total gross amount of USD
58,400,000 (USD 40,000,000 from Converium and USD 18,400,000 from ZFS), (less
attorneys' fees and costs). The settlement relief will be distributed
pursuant to the terms of a Distribution Plan that is set forth in Exhibit C
to the Agreements.
If the Court declares the Agreements binding in a final decision and if
the Agreements are not terminated, all Non-US Exchange Purchasers' claims
relating to their purchases of Converium common stock during the Relevant
Period will be extinguished (final release of liability), unless those
persons file a timely notice of intent not to be bound by the Agreements (an
"opt-out notice").
It is not yet possible to file a claim for compensation or an opt-out
notice at this time. If the Agreements are declared binding, the parties will
furnish information in a separate announcement, to be published in a similar
manner as this announcement, about how to file for settlement relief under
the Agreements and how to submit an "opt-out" notice, along with the details
of the deadlines for such actions.
Non-US Exchange Purchasers who wish to oppose the parties' petition to
declare the Agreements binding may file a statement of defense to the
petition with the Registry of the Court of Appeal no later than on 22 August
2011. The statement of defense must be drawn up in Dutch and filed (7 copies)
by a Dutch lawyer.
Non-US Exchange Purchasers and other interested parties with standing to
do so may also appear at the court hearing to make oral statements in person
or through appropriate counsel. If you wish to speak at the hearing in a
language other than Dutch, you need to arrange for an interpreter to be
present to translate your words into Dutch. If you or your counsel wish to
speak at the hearing in connection with your defense, your counsel must
notify the Court in writing no later than on 5 September 2011. You are not
obliged to file a defense to the petition or to appear at the hearing in
order to be entitled to file a claim for compensation or to declare that you
do not wish to be bound by the Agreements ("opt-out") later.
You can obtain a copy of a more detailed announcement of the oral hearing
by emailing questions@converiumsettlements.com, by calling + 1 614 5690291,
or + 1 800 77686266 (free phone from Switzerland, the United Kingdom, France,
Germany, Italy and The Netherlands), or 1 (800) 9606659 (free phone from the
United States), or by visiting any of the following websites:
www.converiumsettlement.com; www.converiumsettlements.com; www.blbglaw.com;
www.srkw-law.com; www.cohenmilstein.com; or www.veb.net. The petition and the
Agreements will also be posted on those websites. If you would like to
receive further information about the settlements, you can also send your
contact information to the settlement administrator (at Converium Holding AG
International Settlement, c/o The Garden City Group, Inc. PO Box 9616,
Dublin, OH 43017-4916, United States, E-mail:
questions@converiumsettlements.com) or call one of the telephone numbers
mentioned above. Additionally, these documents, as well as official records
of the hearing, can be viewed on the website of the Court (www.rechtspraak.nl
) and - by written request - at the registry of the commercial division of
the Court (Amsterdam Court of Appeal, P.O. Box 1312, 1000 BH Amsterdam, The
Netherlands, attn. Ms. M. van Vuuren, stating reference number:
200.070.039/01).
Rob Okhuijsen, + 31-6-262-16-773, r.okhuijsen at okhuijsencommunicatie.nl
Tags: March 3, Netherlands, Stichting Converium Securities Compensation Foundation, The hague