You are a member of the Settlement Class if you purchased, acquired, sold, held, traded or otherwise had any interest in BBSW-Based Derivatives at any time from January 1, 2003 through August 16, 2016, inclusive. Excluded from the Settlement Class are (i) the Defendants and any parent, subsidiary, affiliate or agent of any Defendant or any co-conspirator whether or not named as a Defendant; and (ii) the United States Government.

“BBSW-Based Derivatives” means any financial derivative instrument that is based or priced in whole or in part in any way on the Bank Bill Swap Rate (“BBSW”) or in any way includes BBSW as a component of price (whether priced, benchmarked and/or settled by BBSW), entered into by a U.S. person, or by a person from or through a location within the U.S., including, but not limited to: (i) Australian dollar foreign exchange (“FX”) derivatives, including Australian dollar FX forwards (also known as “outright forwards” or “outrights”), Australian dollar FX swaps (also known as “currency swaps”), Australian dollar currency options, Australian dollar futures contracts (such as the Chicago Mercantile Exchange (“CME”) Australian dollar futures contract) and options on such futures contracts; (ii) BBSW-based interest rate derivatives, including interest rate swaps, swaptions, forward rate agreements (“FRAs”), exchange-traded deliverable swap futures and options on those futures, 90-day bank accepted bill (“BAB”) futures and options on those futures, and other over-the-counter (“OTC”) contracts or publicly traded vehicles that reference BBSW; (iii) Australian dollar cross-currency swaps; and (iv) any other financial derivative instrument or transaction based in whole or in part on BBSW, or that in any way incorporates BBSW as a component of price, or is alleged by Representative Plaintiffs in this Action to be based in whole or in part on BBSW, or to in any way incorporate BBSW as a component of price. For the avoidance of doubt, BBSW-Based Derivatives do not include: (i) any BBSW-based deposits or loans, including floating rate notes, deposit-taking facilities, and commercial loans that are priced or call for payments due, in whole or in part, based on BBSW, including Australian dollar deposits and loans (“BBSW-Based Deposits or Loans”); or (ii) any negotiable certificates of deposit (“NCDs”) and bank accepted bills (“BABs”) issued and accepted by Prime Banks (collectively, “Prime Bank Bills”) or Prime Bank eligible securities. “Prime Banks” means the banks designated by AFMA as prime banks during the Settlement Class Period.

If you are still not sure if you are included, you may contact the Settlement Administrator for more information via email at info@BBSWSettlement.com or by calling toll-free 1 877-308-3241. If you have reason to believe that you are a member of the Settlement Class, you can fill out and return the Proof of Claim and Release form. Proofs of Claim must be postmarked no later than January 16, 2023. The Proof of Claim forms will be posted on the Settlement Website and will be available for download no later than August 3, 2022.

The exact amount each qualifying Settling Class Member will receive from the Net Settlement Funds cannot be determined until (1) the Court finally approves the Settlements; (2) the Court determines to approve certain fees and expenses identified in the full Settlement Agreements to be deducted from the Settlement Funds; and (3) the number of eligible participating Settling Class Members is determined and; (4) the amount of each eligible participating Settling Class Member’s is calculated pursuant to the Distribution Plan to be approved by the Court. Each Settling Class Member’s share of the Net Settlement Funds will vary as it is dependent on the information the Settling Class Member provides on their Proof of Claim and Release form.

Plaintiffs and Class Counsel will submit, for Court approval, a Distribution Plan to the Court by no later than August 3, 2022. A copy of the proposed Distribution Plan will be available on the Settlement Website no later than August 3, 2022.

Please note that the Distribution Plan may be changed by the Court without providing further notice. The final approval, disapproval, or modification of any proposed Distribution Plan shall not affect the preliminary or final approval of the Settlements or enforceability of the Settlement Agreements.

Objecting is telling the Court that you do not like something about one or more of the proposed Settlements. You can object only if you stay in the Settlement Class and follow the objection procedures described in the Mail Notice. Any objections must be served on Class Counsel and all Counsel for Settling Defendants in accordance with the instructions set forth in the Mail Notice no later than September 2, 2022 and also must be filed with the Court no later than September 2, 2022.

Excluding yourself from one or more of the proposed Settlements is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself from a Settlement(s), you have no basis to object to such Settlement(s) because it longer affects you. Requests for exclusion must be made in accordance with the instructions set forth in the Mail Notice and sent to the Settlement Administrator no later than September 2, 2022.

You do not have to come to the Settlement Hearing. However, if you wish to appear you must submit a written statement, along with any materials you wish the Court to consider. This written statement must be received by the Court no later than September 2, 2022 or it will not be considered. Such materials must also be served on Class Counsel and Counsel for the Settling Defendants at the addresses set forth in the Mail Notice by overnight mail, first-class mail or by hand or they will not be considered.

You do not need to hire your own lawyer. You can hire a lawyer at your own cost if you would like, and have that lawyer make an appearance on your behalf. The Court has appointed the firms listed below to represent the Settlement Class.

If you are a brokerage firm, swaps dealer, or trustee through which BBSW-Based Derivatives were traded between January 1, 2003 and August 16, 2016, inclusive, on behalf of customers that are Settlement Class Members, Plaintiffs’ Counsel requests that you provide the name and last known address of such customers to the Settlement Administrator at the address listed below within two weeks of receiving this Notice. If you are restricted from disclosure under any applicable domestic or foreign data privacy, bank secrecy, state secret, or other law, then Plaintiffs’ Counsel requests that you provide this Notice directly to any of your customers that are Settlement Class Members if permitted to do so by such applicable rules and laws. The Settlement Administrator will cause copies of this Notice to be forwarded to each customer identified at the address so designated.

You may contact the Settlement Administrator by calling toll-free 1 877-308-3241 or by sending an email to info@BBSWSettlement.com.