PROOF OF CLAIM AND RELEASE
FOR THE EXCHANGE-BASED PLAINTIFFS’ SETTLEMENTS WITHE
BANK OF AMERICA, BARCLAYS, CITI, DEUTSCHE BANK, HSBC, JPMORGAN, AND SOCIÉTÉ GÉNÉRALE

GENERAL INSTRUCTIONS

1. There has been a partial settlement of the above-referenced Exchange-Based Plaintiffs’ Action in the U.S. Dollar LIBOR multi-district litigation styled, In re LIBOR-Based Financial Instruments Antitrust Litigation, 11 MDL No. 2262 (NRB) (S.D.N.Y.), pending in the United States District Court for the Southern District of New York, and involving plaintiffs who transacted in Eurodollar futures contracts and/or options on Eurodollar futures contracts on exchanges, such as the Chicago Mercantile Exchange (“CME”), during the period between January 1, 2003 and May 31, 2011, inclusive (“the Exchange-Based Plaintiffs’ Action”). The Settlements are subject to Court approval.

2. If you are a member of the Settlement Class (see definition in ¶7 below) you may be eligible for a payment from the Net Settlement Fund if you comply with the instructions in this Proof of Claim and Release (“Proof of Claim”) form and submit it in a timely manner. Payments from the Net Settlement Fund will be made only to Eligible Claimants and in accordance with and pursuant to a plan of distribution approved by the Court. An Eligible Claimant is a Settlement Class Member whose proof of claim is found by the Settlement Administrator to be timely, adequately supported, properly verified and otherwise valid.

3. A summary of Exchange-Based Plaintiffs’ claims, the Settlements, and releases are set forth in the Notice. If there are further settlements achieved in the Exchange-Based Plaintiffs’ Action, members of the Settlement Class do not have to submit another Proof of Claim form. Critically, the district court recently denied Exchange-Based Plaintiffs’ motion for class certification and the Court of Appeals for the Second Circuit denied the Exchanged-Based Plaintiffs’ petition for interlocutory review of the district court’s decision. If the Court’s class certification ruling is not reversed after an appeal is taken after the entry of final judgment, this lawsuit will not proceed as a class action. Your participation in these Settlements may offer the best, and perhaps only, chance for you to receive any monetary recovery from the Exchange-Based Plaintiffs’ Action.

4. Submission of this Proof of Claim form, however, does not assure that you will share in the Net Settlement Fund.

5. You have two options for completing a Proof of Claim form:

a. You can mail your completed and signed Proof of Claim form postmarked no later than December 1, 2020, to:

b. You can complete and submit the Proof of Claim form through the Settlement website by visiting www.USDLiborEurodollarSettlements.com. Upon completion of the online Proof of Claim form, you will receive an acknowledgment that your Proof of Claim has been submitted. If you choose this option and file a Proof of Claim electronically, you must file on or before December 1, 2020.

6. If you are a member of the Settlement Class, then, by properly completing this Proof of Claim and furnishing the required supporting documentation, you may be entitled to share in the proceeds from the Net Settlement Fund.

Omission of necessary information and/or supporting documents will make your claim defective so that it may be rejected, in which case you will be notified of such rejection and be given an opportunity to remedy identified deficiencies. You must include all requested trade information for all transactions in Eurodollar futures contracts and/or options on Eurodollar futures contracts during the period January 1, 2003 through May 31, 2011, inclusive (the “Settlement Class Period”) for all accounts you owned or controlled.

7. If you are NOT a member of the Settlement Class, DO NOT submit a Proof of Claim and Release form. The Settlement Classes are defined as follows:

Barclays Settlement Class: All Persons (other than Defendants, their employees, affiliates, parents, subsidiaries, and co-conspirators) that transacted in LIBOR-based Eurodollar futures or options on exchanges such as the Chicago Mercantile Exchange between January 1, 2003 through May 31, 2011. See Barclays Settlement Agreement at ¶ 4 & Barclays Amendment to Settlement Agreement at ¶1, ECF Nos. 680-3, 2307-3, respectively;

Citi Settlement Class: All Persons, corporations and other legal entities (other than Defendants, their employees, affiliates, parents, subsidiaries, and co-conspirators) that transacted in Eurodollar futures and/or options on Eurodollar futures on exchanges, including without limitation, the Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011. Excluded from the Class are: (i) Defendants, their employees, affiliates, parents, subsidiaries, and co-conspirators; (ii) the Releasees (as defined in Section 1(GG)); and (iii) any Class Member who files a timely and valid request for exclusion. See Citi Settlement Agreement at ¶2.A, ECF No. 2307-4;

Deutsche Bank Settlement Class: All Persons that transacted in Eurodollar futures and/or options on Eurodollar futures on exchanges, including, without limitation, the Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011. Excluded from the Class are: (i) Defendants, their employees, Affiliates, parents, subsidiaries, and co-conspirators; (ii) the Releasees (as defined in Section 1(GG)); and (iii) any Class Member who files a timely and valid request for exclusion. See Deutsche Bank Settlement Agreement at ¶2.A, ECF No. 2307-5;

HSBC Settlement Class: All Persons, corporations and other legal entities (other than Defendants, their employees, affiliates, parents subsidiaries, and co-conspirators) that transacted in Eurodollar futures and/or options on Eurodollar futures on exchanges, including without limitation, the Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011. Excluded from the Class are: (i) Defendants, their employees, affiliates, parents, subsidiaries, and co-conspirators; (ii) the Releasees (as defined in Section 1(GG)); and (iii) any Class Member who files a timely and valid request for exclusion. See HSBC Settlement Agreement at ¶2.A, ECF No. 2307-6;

JPMorgan/BOA Settlement Class: All persons, corporations and other legal entities that transacted in Eurodollar futures and/or options on Eurodollar futures, including without limitation transactions on the Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011; provided that, if Exchange-Based Plaintiffs expand the class period in any subsequent amended complaint, motion or settlement, the class period in the Settlement Class definition in this Agreement shall be expanded so as to include such expansion. Excluded from the Class are: (i) Defendants, their employees, affiliates, parents, subsidiaries, and alleged co-conspirators; (ii) the Releasees (as defined in Section 1(II)); (iii) any Class Member who files a timely and valid request for exclusion; and (iv) any Persons dismissed from this Action with prejudice. Solely for purposes of the Settlement, the parties agree that Investment Vehicles are not excluded from the Settlement Class solely on the basis of being deemed to be Defendants or affiliates or subsidiaries of Defendants. However, to the extent that any Defendant or any entity that might be deemed to be an affiliate or subsidiary thereof (i) managed or advised, and (ii) directly or indirectly held a beneficial interest in, said Investment Vehicle during the Class Period, that beneficial interest in the Investment Vehicle is excluded from the Settlement Class. See JPMorgan/BOA Settlement Agreement at ¶2.A, ECF No. 2728-5; and

Société Générale Settlement Class: All persons, corporations and other legal entities that transacted in Eurodollar futures and/or options on Eurodollar futures on exchanges, including, without limitation, the Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011, inclusive; provided that if Exchange-Based Plaintiffs expand the class period in any subsequent amended complaint, motion or settlement, the period in the Settlement Class definition in this Agreement shall be modified so as to include that expanded class period. Excluded from the Settlement Class are: (i) Defendants, their employees, affiliates, parents, subsidiaries, and alleged co-conspirators; (ii) the Releasees (as defined in Section 1(CC)); (iii) any Settlement Class Member who files a timely and valid request for exclusion; and (iv) any Persons dismissed from this Action with prejudice. See Société Générale Settlement Agreement at ¶2.A, ECF No. 3023-4.

8. If you are a member of the Settlement Class and you fail to submit a valid and timely Proof of Claim pursuant to the instructions set forth herein or fail to provide adequate documentation of those transactions, you may be precluded from any recovery from the Net Settlement Fund. However, unless you validly exclude yourself from the Settlement Class, you will be bound by the terms the Settlements and any judgments entered in the Action related to the Settlements whether or not you submit a Proof of Claim form.

DEFINITIONS Capitalized terms not defined in this Proof of Claim and Release form have the same meaning as set forth in the respective Settlement Agreements with (1) Bank of America Corporation and Bank of America, N.A. (collectively, “BOA”); (2) Barclays Bank plc (“Barclays”); (3) Citigroup Inc., Citibank, N.A., and Citigroup Global Markets Inc. (collectively, “Citi”); (4) Deutsche Bank AG, Deutsche Bank Securities Inc., and DB Group Services (UK) Limited (collectively, “Deutsche Bank”); (5) HSBC Bank plc (“HSBC”); (6) JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively “JPMorgan”); and (7) Société Générale. All of the relevant Settlement Agreements, in their entirety, are available at www.USDLiborEurodollarSettlements.com.