PROOF OF CLAIM AND RELEASE
1. If you transacted in, purchased, sold, held, traded, or otherwise had any interest in BBSW-Based Derivatives during the period from January 1, 2003,
through August 16, 2016 (the “Class Period”), you may be eligible to receive a payment from the settlements reached between Representative Plaintiffs and
JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively, “JPMorgan”), Westpac Banking Corporation (“Westpac”), Australia and New Zealand Banking
Group Ltd. (“ANZ”), Commonwealth Bank of Australia (“CBA”), National Australia Bank Limited (“NAB”), Morgan Stanley and Morgan Stanley Australia Limited
(collectively, “Morgan Stanley”), Credit Suisse AG and Credit Suisse Group AG (“Credit Suisse”), BNP Paribas, S.A. (“BNPP”), Deutsche Bank AG
(“Deutsche Bank”), Royal Bank of Canada (“RBC”), The Royal Bank of Scotland plc (n/k/a NatWest Markets plc) (“RBS”), and UBS AG (“UBS”),
(the “Settling Defendants”) totaling $185,875,000 in the above-captioned case.
2. “BBSW-Based Derivatives” means any financial derivative instrument that is based or priced in whole or in part in any way on 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; or (ii) any Prime Bank Bills or Prime Bank eligible securities..
3. “BBSW” means the Bank Bill Swap Reference Rate.
4. Unless otherwise defined herein, all capitalized terms contained in this proof of claim and release (“Claim Form”) have the same meaning as in the accompanying Notice of Proposed Class Action Settlements, November 1, 2022 Fairness Hearing Thereon, and Class Members’ Rights (“Notice”) and the Settlement Agreements between Representative Plaintiffs and the respective Settling Defendants, which are available at www.bbswsettlement.com (the “Settlement Website”).
5. It is important that you read the Notice that accompanies this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the Release and Covenant Not to Sue described in the Notice under the heading “What Am I Giving Up to Receive a Payment?” and provided for in the Settlement Agreement.
6. To be eligible to receive a payment from the Net Settlement Fund, you must submit a timely and valid Claim Form along with the required data and/or information described in Parts II through IV below. To be considered timely, your Claim Form must be submitted online at www.bbswsettlement.com by 11:59 p.m. Eastern Time on January 16, 2023 OR postmarked and mailed to the Settlement Administrator no later than January 16, 2023, to:
c/o A.B. Data, Ltd.
P.O. Box 173061
Milwaukee, WI 53217
Do not submit your claim to the Court.
7. As described in Part III below, you are required to submit additional information about your transactions in BBSW-Based Derivatives as part of your Claim Form to be submitted to the Settlement Administrator.
8. Your payment amount will be determined based on the Settlement Administrator’s review of your Claim Form and calculated pursuant to the Distribution Plan that the Court approves. Submission of a Claim Form does not guarantee that you will receive a payment from the Settlement. For more information, please refer to the Notice and Distribution Plan available at the Settlement Website.
9. Separate Claim Forms should be submitted for each separate legal entity. Conversely, a single Claim Form should be submitted on behalf of only one legal entity.
10. If you have questions about submitting a Claim Form or need additional copies of the Claim Form or the Notice, you may contact the Settlement Administrator.
11. NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request, or may be requested by the Settlement Administrator, to submit information regarding their transactions in electronic files. All such claimants MUST also submit a manually signed paper Proof of Claim listing all of their transactions whether or not they also submit electronic copies. If you wish to submit your claim electronically, you must contact the Settlement Administrator at firstname.lastname@example.org or visit www.BBSWSETTLEMENT.com to obtain the required file layout. No electronic files will be considered to have been properly submitted unless the Settlement Administrator issues to the claimant an email of receipt and acceptance of electronically submitted data. Do not assume that your file has been received until you receive this email. If you do not receive such an email within 10 days of your submission, you should contact the Settlement Administrator’s electronic filing department at email@example.com to inquire about your file and confirm it was received.
1. YOU MUST SUBMIT YOUR CLAIM FORM IN THE REQUIRED FORMAT
Claimants must electronically submit their Claim Forms online at www.bbswsettlement.com by 11:59 p.m. Eastern Time on January 16, 2023 OR mail the Claim Forms to the Settlement Administrator at BBSW Class Action Settlement, c/o A.B. Data, Ltd., P.O. Box 173061, Milwaukee, WI 53217 so they are postmarked and mailed no later than January 16, 2023 . Claim Forms must be submitted in the format specified in this Claim Form or posted by the Settlement Administrator on the Settlement Website.
Along with your Claim Form, you are required to submit the details of your transactions in BBSW-Based Derivatives reflected in Part IV, below. A Data Template, including the information you must provide about your transactions in BBSW-Based Derivatives is below and also available at the Settlement Website. In addition, please provide any of the following types of supporting documentation that verifies the transaction information you provide:
a. Transaction data from your bank, broker, or internal trade system;
b. Bank confirmations by individual trade;
c. Bank transaction reports or statements;
d. Trading venue transaction reports or statements;
e. Prime broker reports or statements;
f. Custodian reports or statements;
g. Daily or monthly account statements or position reports;
h. Email confirmations from counterparty evidencing transactions;
i. Bloomberg confirmations or communications evidencing transactions; and/or
j. Other documents evidencing transactions in BBSW-Based Derivatives during the Class Period.
Please keep all data and documentation related to your eligible BBSW-Based Derivatives transactions. Having data and documentation may be important to substantiating your Claim Form.