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`EXHIBIT A
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`Case 1:18-cv-02830-JPO Document 250-1 Filed 09/09/21 Page 2 of 93
`IMPORTANT LEGAL NOTICE TO ALL MEMBERS OF THE CLASS
`FORWARD TO CORPORATE HEADQUARTERS/LEGAL COUNSEL
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`
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`In re Mexican Government Bonds Antitrust Litigation
`
`No. 18-cv-02830 (JPO)
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`NOTICE OF PROPOSED CLASS ACTION SETTLEMENTS,
`SEPTEMBER 13, 2021 FAIRNESS HEARING THEREON AND CLASS MEMBERS’ RIGHTS
`TO: ALL PERSONS THAT ENTERED INTO A MEXICAN GOVERNMENT BOND TRANSACTION1 AT ANY TIME
`BETWEEN AT LEAST JANUARY 1, 2006, AND APRIL 19, 2017, WHERE SUCH PERSONS WERE EITHER
`DOMICILED IN THE UNITED STATES OR ITS TERRITORIES OR, IF DOMICILED OUTSIDE THE UNITED STATES
`OR ITS TERRITORIES, TRANSACTED IN THE UNITED STATES OR ITS TERRITORIES.
`A federal court authorized this Notice. This is not a solicitation from a lawyer.
`You are not being sued.
`PLEASE READ THIS ENTIRE NOTICE CAREFULLY. A UNITED STATES FEDERAL COURT AUTHORIZED THIS
`NOTICE. YOUR RIGHTS MAY BE AFFECTED BY THE PROCEEDINGS IN THIS ACTION. THIS NOTICE ADVISES YOU
`OF YOUR RIGHTS AND OPTIONS WITH RESPECT TO THIS ACTION, INCLUDING WHAT YOU MUST DO IF YOU WISH
`TO SHARE IN THE PROCEEDS OF THE SETTLEMENTS. TO CLAIM YOUR SHARE OF THE SETTLEMENTS, YOU MUST
`ELECTRONICALLY SUBMIT YOUR CLAIM ON OR BEFORE OCTOBER 13, 2021 OR MAIL YOUR CLAIM TO THE
`ADDRESS IN SECTION VIII POSTMARKED NO LATER THAN OCTOBER 13, 2021.
`If you are a brokerage firm, swaps dealer, or trustee through whom Mexican Government Bonds (“MGBs”)2 were traded
`from January 1, 2006 through April 19, 2017, inclusive, on behalf of customers that are members of the Settlement Class as defined
`in Section I.C. below, you must provide the name and last known address of such customers to the Settlement Administrator at the
`address listed in Section VIII below within two weeks of receiving this Notice. The Settlement Administrator will cause copies of this
`Notice to be forwarded to each customer identified at the address so designated.
`This Notice of Proposed Class Action Settlement, September 13, 2021 Fairness Hearing Thereon and Class Members’ Rights
`(“Notice”) is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the
`Southern District of New York (the “Court”). It is not junk mail, an advertisement, or a solicitation from a lawyer. You have not been
`sued. The purpose of this Notice is to inform you of the pendency of the above-captioned class action and your rights in connection with
`the proposed Settlements and release of the claims asserted.
`A class action is a lawsuit in which one or more representative plaintiffs (in this case, Plaintiffs) bring a lawsuit on behalf of
`themselves and other similarly situated persons (i.e., a class) who have similar claims against the defendants. The representative
`plaintiffs, the court, and counsel appointed to represent the class have a responsibility to make sure that the interests of class members
`are adequately represented.
`You are receiving this Notice because records indicate that you may have transacted in one or more Mexican Government Bond
`Transactions during the Class Period and may be a Settlement Class Member in this class action.
`PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE. Inquiries concerning this Notice, the Proof
`of Claim and Release (the “Claim Form”), or any other questions from Settlement Class Members should be directed to:
`
`Mexican Government Bonds Antitrust Settlement
` c/o A.B. Data, Ltd.
`P.O. Box 173123
`Milwaukee, WI 53217
`Tel.: 877-829-2941
`(if calling from outside the United States or Canada, call 1-414-961-6592)
` Email: info@MGBAntitrustSettlement.com
`Website: www.MGBAntitrustSettlement.com
`The Settling Defendants are Barclays PLC, Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Securities Limited,
`Barclays Bank México, S.A., Institución de Banca Múltiple, Grupo Financiero Barclays México, and Grupo Financiero Barclays
`
`1 “Mexican Government Bond Transaction” means any purchase, sale, or exchange of Mexican Government Bonds, whether
`in the primary, secondary, or any other market.
`2 “Mexican Government Bonds” means any debt securities issued by the United Mexican States (“Mexico”) that are Mexican
`Peso-denominated, including, but not limited to, CETES, Bondes D, UDIBONOS, and BONOS.
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`QUESTIONS? CALL 1-877-829-2941 OR VISIT WWW.MGBANTITRUSTSETTLEMENT.COM PAGE 1 OF 8
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`Case 1:18-cv-02830-JPO Document 250-1 Filed 09/09/21 Page 3 of 93
`México, S.A. de C.V. (collectively “Barclays”) and JPMorgan Chase & Co., J.P. Morgan Broker-Dealer Holdings Inc., J.P. Morgan
`Securities LLC, JPMorgan Chase Bank, National Association, Banco J.P. Morgan, S.A. Institución de Banca Múltiple, J.P. Morgan
`Grupo Financiero, and J.P. Morgan Securities plc (collectively “JPMorgan”). Barclays and JPMorgan have denied and continue to deny
`Plaintiffs’ claims.
`To resolve all Released Claims against all Released Parties, Barclays has agreed to pay a total of $5.7 million dollars and JPMorgan
`has agreed to pay a total of $15 million dollars.3 Plaintiffs entered into a settlement agreement with Barclays on March 27, 2020 and entered
`into a separate settlement agreement with JPMorgan on March 27, 2020 (the “Settlement Agreements”).4 The two settlements contained in the
`Settlement Agreements are referred to as the “Settlements,” and are jointly addressed by this Notice for efficiency and convenience.
`Settling Defendants have also agreed to certain cooperation obligations, which will assist Plaintiffs in prosecuting the claims
`against the remaining Defendants. Barclays and JPMorgan have each agreed to provide interbank chat communications, transaction
`data, and documents or information from the Class Period relevant to the allegations made in the Action.
`The Court has preliminarily approved the Settlements with Barclays and JPMorgan. The Court has appointed the lawyers listed
`below to represent you and the Settlement Class in this Action (“Plaintiffs’ Lead Counsel”):
`Vincent Briganti
`LOWEY DANNENBERG, P.C.
`44 S. Broadway, Suite 1100
`White Plains, NY 10601
`Telephone: (914) 733-7221
`vbriganti@lowey.com
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`Only Members of the Settlement Class Who Submit a Valid Claim Form in Response to this Notice Will Be Eligible to
`Participate in the Net Settlement Funds. Assuming final approval by the Court, the twenty million seven-hundred thousand dollars
`($20,700,000), plus interest, in Settlement Funds obtained from the Settling Defendants, net of such attorneys’ fees, costs, fees, taxes,
`and other deductions as are approved by the Court (the “Net Settlement Funds”), will be distributed to the members of the Settlement
`Class who properly complete and timely return a valid Claim Form, and are entitled to distribution under the Distribution Plan.
`Fairness Hearing and Right to Object. The Court has scheduled a public hearing on final approval of the Settlements for
`September 13, 2021 (“Fairness Hearing”). The purpose of the Fairness Hearing is to determine, among other things, whether the
`Settlements, the Distribution Plan, and the application by Plaintiffs’ Lead Counsel for attorneys’ fees and payment of expenses are fair,
`reasonable, and adequate. If you remain in the Settlement Class, then you may object to any aspect of the Settlements, the Distribution
`Plan, Plaintiffs’ Lead Counsel’s request for attorneys’ fees and payment of expenses, or any other matters. See Section III.B below. All
`objections must be made in accordance with the instructions set forth below and must be filed with the Court and served on
`Plaintiffs’ Lead Counsel, Barclays’ Counsel, and JPMorgan’s Counsel on or before August 9, 2021 or they will not be
`considered. See Section III.B below.
`Right to Exclude Yourself from the Settlement Class for Either or Both of the Settlements. The Court will exclude you
`from the Settlement Class if you make a written request for exclusion from either or both of the Settlements that is postmarked to the
`Settlement Administrator (A.B. Data, Ltd.) at the address set forth in Section VIII no later than August 9, 2021. See Section
`III.C. To be valid, the request for exclusion must comply with the requirements set forth in the Court’s Order dated December
`16, 2020 (the “Preliminary Approval Order”) and summarized in Section III.C below. If you exclude yourself from the Settlement
`Class, you will not be entitled to share in the Net Settlement Funds.
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`I.
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`BACKGROUND OF THE LITIGATION
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`A. The Nature of the Litigation
`Plaintiffs allege that each Defendant,5 from January 1, 2006 through April 19, 2017, inclusive, conspired to fix the prices for
`Mexican Government Bonds issued by the Mexican government through the Bank of Mexico (“Banxico”). Plaintiffs allege that each
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`3 Capitalized terms, not otherwise defined herein, shall have the same meanings assigned to them in the Settlement
`Agreements, as applicable.
`4 The Settlement Agreements are not settlements with any other Defendant and thus are not dispositive of any of Plaintiffs’
`claims against the remaining Defendants.
`5 “Defendants” are Banco Bilbao Vizcaya Argentaria, S.A., BBVA Securities, Inc., BBVA Compass Bancshares, Inc., BBVA
`Bancomer S.A., Institución de Banca Múltiple, Grupo Financiero BBVA Bancomer, Grupo Financiero BBVA Bancomer, S.A. de
`C.V., Banco Santander S.A., Santander Investment Securities, Inc., Santander Holdings USA, Inc., Banco Santander (Mexico) S.A.
`Institución de Banca Múltiple, Grupo Financiero Santander Mexico, Santander Investment Bolsa, Sociedad de Valores, S.A.U., Bank
`of America N.A., Bank of America Corporation, BankAmerica International Financial Corporation, Bank of America Mexico, S.A.,
`Institución de Banca Múltiple, Grupo Financiero Bank of America, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup
`Inc., Barclays Bank Mexico, S.A., Barclays Bank PLC, Barclays Capital Securities Limited, Grupo Financiero Barclays Mexico, S.A.
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`QUESTIONS? CALL 1-877-829-2941 OR VISIT WWW.MGBANTITRUSTSETTLEMENT.COM.
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`Case 1:18-cv-02830-JPO Document 250-1 Filed 09/09/21 Page 4 of 93
`Defendant transacted in price-fixed MGBs at artificial prices with market participants like Plaintiffs and the Class. Plaintiffs’ lawsuit
`contends that Defendants fixed MGB prices through several interrelated means.
`First, Defendants allegedly rigged MGB primary market auctions through collusive bidding and information sharing to control the
`flow of MGB supply. As the sole authorized market makers for MGBs, Defendants agree to participate in the government run- primary market
`auctions for newly issued MGBs and to make MGBs available for purchase and sale to investors in the secondary market. Plaintiffs allege that
`Defendants shared the prices at which they planned to submit fixed bids in MGB primary market auctions, against explicit Banxico rules
`requiring that bids be confidential. Plaintiffs contend that Defendants’ bid-rigging allowed them to buy large volumes of MGBs at artificially
`low prices, increasing Defendants’ ability to dominate the MGB market and impose artificial prices.
`Second, Defendants allegedly sold newly issued MGBs purchased at auction into the secondary market at artificially high,
`price-fixed terms. Plaintiffs allege that Defendants controlled a significant market share of MGBs through their illegal bid-rigging and
`through privileges associated with their market maker status. Defendants allegedly manipulated the MGB market by communicating
`prices, pooling information about expected customer flows, and exchanging other confidential bank information through interbank
`chatrooms, telephone calls, and in-person meetings. Plaintiffs claim that Defendants’ conspiracy caused Plaintiffs and the Class to pay
`higher prices for newly issued MGBs sold into the secondary market than they otherwise would have.
`Third, Defendants allegedly agreed to fix the “bid-ask spread” artificially wider when offering to buy or sell MGBs in secondary
`market trading with Plaintiffs and the Class. Plaintiffs allege that Defendants fixed bid-ask spreads by communicating prices, expected
`customer flows, and sensitive bank information through interbank chatrooms, telephone calls, and in-person meetings. Plaintiffs claim
`that the result of Defendants’ alleged conspiracy was that investors were underpaid by Defendants’ suppression of the “bid price,” the
`price at which Defendants offered to buy MGBs from investors, and overcharged by Defendants’ inflation of the “ask price,” the price
`at which Defendants offered to sell MGBs to investors.
`Plaintiffs have asserted legal claims under federal antitrust law and common law.
`Plaintiffs and Plaintiffs’ Lead Counsel believe that Settlement Class Members have been damaged by Defendants’ alleged
`conduct. Barclays and JPMorgan do not agree with the allegations made by Plaintiffs, believe that they have meritorious defenses to
`Plaintiffs’ allegations, and believe that Plaintiffs’ claims would have been rejected prior to trial, at trial (had Plaintiffs successfully
`certified a class and survived summary judgment motions), or on appeal. As a result, Settling Defendants believe Settlement Class
`Members would have received nothing if the litigation had continued to trial.
`The Court has not decided in favor of Plaintiffs, Barclays or JPMorgan. Instead, Plaintiffs’ Lead Counsel engaged in separate
`negotiations with Barclays and JPMorgan to reach negotiated resolutions of the claims against Settling Defendants in this Action. The
`Settlements allow Plaintiffs, Barclays and JPMorgan to avoid the risks and costs of lengthy litigation and the uncertainty of pre-trial
`proceedings, a trial, and appeals. If approved, the Settlements would permit eligible Settlement Class Members who file timely and valid
`Claim Forms, to receive some compensation, rather than risk ultimately receiving nothing. Plaintiffs and Plaintiffs’ Lead Counsel believe
`the Settlements are in the best interest of all Settlement Class Members.
`Barclays has agreed to pay a total of $5.7 million and JPMorgan has agreed to pay a total of $15 million (the “Settlement
`Funds”) in cash for the benefit of the proposed Settlement Class. If the Settlements are approved, the Settlement Funds, plus interest
`earned from the date it was established, less any Taxes, any Notice and Administration Costs, any Court-awarded attorneys’ fees,
`litigation costs and expenses, and service awards for Plaintiffs, and any other costs or fees approved by the Court (the “Net Settlement
`Fund”), will be divided among all Settlement Class Members who file valid Claim Forms.
`If the Settlements are approved, the Action will conclude against the Settling Defendants. If the Settlements are not approved, Settling
`Defendants will remain as defendants in the Action, and Plaintiffs will continue to pursue their claims against Settling Defendants.
`B. Procedural History
`On March 30, 2018, Plaintiffs Oklahoma Firefighters Pension & Retirement System and Electrical Workers Pension Fund
`Local 103, I.B.E.W. filed the first class action complaint in this Action against the Settling Defendants and other defendants. ECF No.
`1.6 On April 25, 2018, the Court issued a stay of discovery pending resolution of Defendants’ anticipated motions to dismiss. ECF No.
`
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`de C.V., Barclays plc, Barclays Capital Inc., Institución de Banca Múltiple, Grupo Financiero Barclays México, Citigroup Global Markets
`Inc., Citigroup Financial Products Inc., Citigroup Global Markets Holdings Inc., Banco Nacional de México, S.A., Institución de Banca
`Múltiple, Grupo Financiero Banamex, S.A. de C.V., Credit Suisse Group AG, Credit Suisse AG, Grupo Financiero Credit Suisse (Mexico),
`S.A. de C.V., Banco Credit Suisse (Mexico), S.A., Deutsche Bank AG, Deutsche Bank Securities Inc., Deutsche Bank Americas Holding
`Corp., Deutsche Bank México, S.A. Institución de Banca Múltiple, HSBC Holdings plc, HSBC Bank plc, HSBC Securities (USA) Inc.,
`HSBC Markets (USA) Inc., HSBC México, S.A., Institución de Banca Múltiple, Grupo Financiero HSBC, HSBC North America Holdings
`Inc., HSBC Latin America Holdings (UK) Limited, ING Groep N.V., ING Bank, N.V., and ING Financial Markets LLC, JPMorgan Chase
`& Co., J.P. Morgan Broker-Dealer Holdings Inc., J.P. Morgan Securities LLC, JPMorgan Chase Bank, National Association, Banco J.P.
`Morgan, S.A. Institución de Banca Múltiple, J.P. Morgan Grupo Financiero, and J.P. Morgan Securities plc.
`6 Unless otherwise noted, all docket citations are to In re Mexican Government Bonds, 18-cv-02830 (JPO) (S.D.N.Y.).
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`QUESTIONS? CALL 1-877-829-2941 OR VISIT WWW.MGBANTITRUSTSETTLEMENT.COM.
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`Case 1:18-cv-02830-JPO Document 250-1 Filed 09/09/21 Page 5 of 93
`11. Five additional class action complaints relating to the same facts and circumstances of this Action were filed in May 2018 against
`Settling Defendants and other defendants. On June 18, 2018, the Court granted an order consolidating the six related class action
`complaints and appointing Lowey Dannenberg, P.C. as interim class counsel. ECF No. 49. Thereafter, on July 18, 2018, Plaintiffs filed
`a first amended consolidated class action complaint, adding Plaintiffs Manhattan and Bronx Surface Transit Operating Authority Pension Plan,
`Metropolitan Transportation Authority Defined Benefit Pension Plan Master Trust, Boston Retirement System, Southeastern
`Pennsylvania Transportation Authority Pension Plan, United Food and Commercial Workers Union and Participating Food Industry
`Employers Tri-State Pension Fund, and Government Employees’ Retirement System of the Virgin Islands. ECF No. 75.
`Defendants filed their motions to dismiss and two separate memoranda of law on September 17, 2018. ECF Nos. 113-44.
`Plaintiffs filed their opposition to Defendants’ motions to dismiss on November 16, 2018. ECF Nos. 145-46. Defendants filed their joint
`reply memoranda on December 20, 2018. ECF Nos. 150-51.
`On September 30, 2019, the Court granted Defendants’ motion to dismiss Plaintiffs’ Amended Consolidated Class Action Complaint
`for failure to state a claim and directed Plaintiffs to file a letter seeking leave to file a Second Consolidated Amended Complaint within twenty-
`one days. ECF No. 158. Plaintiffs submitted a letter motion seeking leave to file a Proposed Second Amended Class Action Complaint on
`October 21, 2019. ECF No. 159. Defendants filed a letter in response to Plaintiffs’ motion on October 23, 2019. ECF No. 161. On October 25,
`2019, the Court granted Plaintiffs’ letter motion. ECF No. 162. On December 9, 2019, Plaintiffs filed a Second Amended Consolidated Class
`Action Complaint (“SAC”). ECF No. 163. Defendants filed their motion to dismiss the SAC on February 21, 2020. ECF Nos. 176, 178-91.
`Plaintiffs filed their opposition to Defendants’ motion to dismiss the SAC on April 21, 2020. ECF Nos. 199, 201, 203.
`C. The Definition of the Settlement Class
`In the Preliminary Approval Order, the Court preliminarily approved the following Settlement Class, defined as:
`All Persons that entered into a Mexican Government Bond Transaction at any time between at least
`January 1, 2006, and April 19, 2017, where such persons were either domiciled in the United States
`or its territories or, if domiciled outside the United States or its territories, transacted in the United
`States or its territories, provided that if, prior to moving for Final Approval of the Settlement,
`Plaintiffs expand the Class in any subsequent amended complaint, class motion or in any other
`stipulation or settlement agreement Plaintiffs reach with any other Defendant involving this Action,
`the defined Class in this Settlement Agreement shall be expanded so as to be coterminous with such
`expansion. Excluded from the Class are Defendants and their employees, agents, affiliates, parents,
`subsidiaries and co-conspirators, whether or not named in the Complaint in this Action, and the
`United States and Mexican governments; provided, however, that Investment Vehicles shall not be
`excluded from the definition of “Class” or “Settlement Class” solely on the basis of being deemed
`to be Defendants or affiliates or subsidiaries of Defendants.
`Notwithstanding the sentence above that “[e]xcluded from the Class are the Defendants and their employees, agents, affiliates,
`parents, subsidiaries, and co-conspirators, whether or not named in the Complaint in this Action, and the United States and Mexican
`governments,” and solely for purposes of this Settlement and this Settlement Class, Investment Vehicles shall not be excluded from the
`Settlement Class solely on the basis of being deemed to be Defendants or affiliates or subsidiaries of Defendants; provided, however,
`that under no circumstances may a Defendant (or any of its direct or indirect parents, subsidiaries, affiliates, or divisions) receive a
`distribution from the Settlement Fund through an Investment Vehicle.
`If you are not sure whether you are included in the Class, you can ask for free help. You can call toll-free 1-877-829-2941 (if calling
`from outside the United States or Canada, call 1-414-961-6592) or visit www.MGBAntitrustSettlement.com for more information.
`
`II.
`SUMMARY OF THE PROPOSED SETTLEMENT
`A. Settlements with Barclays and JPMorgan
`On behalf of the Settlement Class, Plaintiffs entered into the Settlement Agreement with Barclays on March 27, 2020 and
`entered into the Settlement Agreement with JPMorgan on March 27, 2020. The following description of the proposed Settlements is
`only a summary. This description and this Notice are qualified in their entirety by the Settlement Agreements which are on file with the
`Court at
`the address
`indicated
`in
`this Notice and are available at
`the official website for
`the Settlements, at
`www.MGBAntitrustSettlement.com (the “Settlement Website”). In the event of any conflict between the Settlement Agreements and
`this Notice, the terms of the Settlement Agreements shall control.
`1. Barclays’ and JPMorgan’s Payments for the Benefit of the Settlement Class
`a. No Right to Reversion
`The Settlement Agreements do not provide Barclays or JPMorgan with a right of reversion. That is, no matter how many Settlement
`Class Members fail to file a Claim Form or choose to opt-out, if the Settlements are not terminated and are finally approved by the Court, none
`of the Settlement monies will revert to Barclays or JPMorgan. This is not a claims-made settlement; there will be no reversion.
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`QUESTIONS? CALL 1-877-829-2941 OR VISIT WWW.MGBANTITRUSTSETTLEMENT.COM.
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`b. Barclays’ and JPMorgan’s Potential Right To Termination
`Sections 21 and 23 of the Settlement Agreements describe Barclays’ and JPMorgan’s right to terminate if certain events occur.
`With respect to each such event, Barclays and JPMorgan each has the right (as qualified in their respective Settlement Agreement), but
`not the obligation, to determine to exercise, in its sole discretion, its right to terminate if the event occurs.
`c. Distribution Plan
`The Distribution Plan is available for review on the Settlement Website at www.MGBAntitrustSettlement.com. Changes, if
`any, to the Distribution Plan based on newly available data or information will be promptly posted on the Settlement Website. Please
`see the Settlement Website for the most up-to-date information about the Distribution Plan. Members of the Settlement Class are strongly
`encouraged to review the Settlement Website for any changes to the Distribution Plan.
`d. Changes or Further Orders by the Court
`Any change by the Court of the Distribution Plan, the time and place of the Fairness Hearing, or any other matter and all further
`orders or requirements by the Court will be posted on the Settlement Website at www.MGBAntitrustSettlement.com as soon as practicable.
`It is important that you refer to the Settlement Website as no other notice may be published of such changes.
`2. The Release and Covenant Not to Sue under the Settlement Agreements
`IF YOU HAVE NOT VALIDLY REQUESTED TO BE EXCLUDED FROM THE SETTLEMENT CLASS, WHEN THE
`SETTLEMENTS BECOME FINAL YOU WILL BE RELEASING THE CLAIMS DESCRIBED BELOW, AND YOU WILL
`BE BOUND BY THE RELEASES IN THE SETTLEMENT AGREEMENTS INCLUDING THE COVENANT NOT TO
`SUE—EVEN IF YOU DO NOT FILE A PROOF OF CLAIM AND RELEASE.
`Unless you exclude yourself, you remain a Settlement Class Member. That means you can’t sue, continue to sue, or be part of
`any other lawsuit about the Released Claims in this Action against Settling Defendants or any of the Released Parties. Upon the Effective
`Date, the Releasing Parties shall release and be deemed to release and forever discharge and shall be forever enjoined from prosecuting
`the Released Claims against the Released Parties, regardless of whether such Releasing Party executes and delivers a Claim Form.
`The capitalized terms used in this paragraph are defined in the Settlement Agreements, Preliminary Approval Order, or this
`Notice. For easy reference, certain of these terms are copied below:
`• “Released Parties” means Settling Defendants and each of their respective past and present
`direct and indirect corporate parents (including holding companies), subsidiaries, related entities,
`affiliates, associates (all as defined in SEC Rule 12b-2 promulgated pursuant to the Securities Exchange
`Act of 1934), divisions, joint ventures, predecessors, and successors, and each of their respective past or
`present officers, directors, partners, members, managers, managing directors, employees, agents,
`contractors, attorneys, legal or other representatives, trustees, trusts, heirs, beneficiaries, estates,
`executors, administrators, insurers, shareholders, advisors, and assigns of each of the foregoing.
`• “Releasing Parties” means, individually and collectively, Plaintiffs and each Settling
`Class Member, on behalf of themselves and any of their respective predecessors, successors and
`assigns, direct and indirect parents, subsidiaries and affiliates, and on behalf of their respective past
`or present officers, directors, stockholders, agents, employees, legal representatives, partners,
`principals, members, participants, associates, trustees, beneficiaries, parents, subsidiaries, divisions,
`affiliates, and the heirs, executors, administrators, purchasers, predecessors, successors, and assigns
`of each of the foregoing, whether or not they object to the Settlement and whether or not they make
`a claim for payment from the Net Settlement Fund.
`• “Released Claims” means any and all manner of claims, rights, demands, obligations,
`damages, actions or causes of action, cross-claims, counterclaims, judgments, suits, obligations, debts,
`setoffs, rights of recovery, charges or liabilities of any kind whatsoever (however denominated), of
`every nature and description, whether known or unknown, suspected or unsuspected, asserted or
`unasserted, whether class, derivative or individual, whether fixed or contingent, in law or in equity,
`whether arising under federal, state, common, statutory or foreign law or regulation (including FED.
`R. CIV. P. 11), whether directly, representatively, derivatively, or in any other capacity, which any
`member of the Settlement Class ever had, now have, or hereafter can, shall, or may have that arise out
`of or relate in any way to the acts, facts, statements, or omissions that were or could have been alleged
`or asserted by Plaintiffs or any member of the Settlement Class in the Action, including, but not limited
`to, any claims arising from or related to(a) any purported conspiracy, collusion, racketeering activity,
`or other improper conduct related to Mexican Government Bonds or Mexican Government Bond
`Transactions, (b) any alleged manipulation of the prices of Mexican Government Bonds or Mexican
`Government Bond Transactions, or (c) the sharing or exchange of customer information or confidential
`information, including, but not limited to, customer identity, trading patterns, net positions, or orders
`with respect to Mexican Government Bonds or Mexican Government Bond Transactions. For the
`avoidance of doubt, Released Claims do not include claims relating to enforcement of the Settlement
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`QUESTIONS? CALL 1-877-829-2941 OR VISIT WWW.MGBANTITRUSTSETTLEMENT.COM.
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`Case 1:18-cv-02830-JPO Document 250-1 Filed 09/09/21 Page 7 of 93
`and do not include claims arising under foreign law based solely on transactions executed entirely
`outside of the United States by members of the Settlement Class domiciled outside the United States.
`You are automatically a member of a Settlement Class if you fit the Settlement Class description. However, if you do not submit
`a timely and valid Claim Form, you will not receive any payment from the Settlements. You will be bound by past and any future Court
`rulings, including rulings on the Settlements and Released Claims. Unless you exclude yourself, you will not be able to start a lawsuit,
`continue with a lawsuit, or be a part of any other lawsuit against Settling Defendants or any of the other Released Parties on the basis of
`the Released Claims.
`
`*****
`The Settlement Agreements do not settle or compromise any claims other than those set out therein. All rights of the Plaintiffs
`or any Settlement Class Member against any person or entity other than the parties released in the Settlement Agreements are specifically
`reserved by the Plaintiffs and the Class Members.
`
`III.
`YOUR OPTIONS
`A. Claim Form for the Settlement Agreements
`To participate in and receive your share of the Net Settlement Funds, you must submit a valid and timely Claim Form
`demonstrating that you are an Authorized Claimant as set forth in the Settlement Agreements. You may obtain and submit a Claim Form
`on the Settlement Website at www.MGBAntitrustSettlement.com no later than October 13, 2021. Claim Forms, if sent by mail, must be
`addressed to the Settlement Administrator (see address in Section VIII below) and postmarked no later than October 13, 2021. A copy
`of the Claim Form is attached hereto.
`Any Settlement Class Member who fails to submit a Claim Form by October 13, 2021 in the manner specified, will be barred
`from receiving any payment from the Net Settlement Funds (unless, by Order of the Court, an untimely Claim Form submitted by such
`member of the Settlement Class is approved), but will in all other respects be bound by the terms of the Settlement Agreements and by the
`Final Judgment(s) entered on the Settlement Class’ claims.
`B. Object to the Settlements
`If you are a Settlement Class Member and you do not exclude yourself, you can tell the Court what you think about the
`Settlements. You can object to all or any part of the Settlements, Distribution Plan, and/or application for attorneys’ fees, reimbursement
`of litigation costs and expenses, and any service awards for Plaintiffs. You can give reasons why you think the Court should approve
`them or not. The Court will consider your views. You may also ask to intervene in the Action.
`If you want to make an objection or intervene in the Action, you may enter an appearance in the Action, at your own expense,
`individually or through counsel of your own choice, by filing with the Clerk of Court a notice of appearance and your objection, and
`serving copies of your objection on Plaintiffs’ Lead Counsel, Barclays’ Counsel, and JPMorgan’s Counsel by August 9, 2021 to the
`following mailing addresses:
`
`Vincent Briganti
`LOWEY DANNENBERG, P.C.
`44 S. Broadway, Suite 1100
`White Plains, NY 10601-2310
`
`Jeffrey T. Scott
`SULLIVAN & CROMWELL LLP
`125 Broad Street
`New York, NY 10004
`
`Plaintiffs’ Lead Counsel
`
`Counsel for Barclays
`
`Robert D. Wick
`COVINGTON & BURLING LLP
`The New York Times Building
`620 Eighth Ave.,
`New York, NY 10018
`Counsel for JPMorgan
`
`Any Settlement Class Member who does not enter an appearance and does not object will be represented by Plaintiffs’ Lead
`Counsel.
`
`If you choose to object, you must file a written objection with the Clerk of the Court. You cannot file an objection by telephone
`or email. Your written objection must include a statement of the objection or motion to intervene, as well as the specific legal and factual
`reasons for each