SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT
TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR ACQUIRED COMMON STOCK OF NAVISTAR INTERNATIONAL CORPORATION ("NAVISTAR" OR THE "COMPANY") (TICKER SYMBOL: NAV) BETWEEN March 10, 2010 and August 1, 2012, BOTH DATES INCLUSIVE (THE "CLASS PERIOD").
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED that a proposed Settlement has been reached in this Action.1 A hearing will be held with respect to the Settlement on October 25, 2016, at 10:30 A.M. before the Honorable Sara L. Ellis at the United States District Court for the Northern District of Illinois, United States Courthouse, 219 South Dearborn Street, Courtroom 1403, Chicago, IL 60604.
The purpose of the hearing is to determine, among other things, whether the proposed Settlement of the securities class action claims asserted in this Action, pursuant to which Navistar, on behalf of all Defendants, will cause to be deposited into a Settlement Fund the sum of nine million one hundred thousand dollars ($9,100,000.00) in exchange for the dismissal of the Action with prejudice and a release of claims against the Defendants and other Released Parties, should be approved by the Court as fair, reasonable, adequate and in the best interests of the Class. If you purchased or otherwise acquired Navistar common stock (ticker symbol: NAV) during the Class Period, you may be entitled to share in the distribution of the Settlement Fund if you submit a Proof of Claim Form no later than September 16, 2016, and if the information and documentation you provide in that Proof of Claim Form establishes that you are entitled to a recovery.
This Summary Notice provides only a summary of matters regarding the Action and the Settlement. A detailed notice (the "Notice") describing the Action, the proposed Settlement, and the rights of Class Members to appear in Court at the Final Approval Hearing, to request to be excluded from the Class, and/or to object to the Settlement, the Plan of Allocation and/or the request by Lead Counsel for an award of attorneys' fees and reimbursement of Litigation Expenses, has been mailed to persons or entities known to be potential Class Members. You may obtain a copy of that Notice, a Proof of Claim Form, or other information at www.NavistarSecuritiesSettlement.com, or by writing to the following address or calling the following telephone number.
Navistar Securities Settlement
P.O. Box 4540
Portland, OR 97208-4540
If you are a Class Member, you have the right to object to the Settlement, the Plan of Allocation and/or the request by Lead Counsel for an award of attorneys' fees and Litigation Expenses, or otherwise request to be heard, by submitting a written objection in accordance with the procedures described in the Notice. The objection must be filed and served so that it is received no later than October 7, 2016. You also have the right to exclude yourself from the Class by submitting a written request for exclusion from the Class in accordance with the procedures described in the Notice. The request for exclusion must be received no later than October 7, 2016. If the Settlement is approved by the Court, you will be bound by the Settlement and the Court's Judgment, including the releases provided for in the Settlement and Judgment, unless you submit a request to be excluded.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. Inquiries, other than requests for the detailed Notice referenced above and a Proof of Claim Form, may be made to Lead Counsel for the Lead Plaintiff:
COHEN MILSTEIN SELLERS & TOLL PLLC
Carol V. Gilden, Esq.
190 S. LaSalle St., Suite 1705
Chicago, IL 60603
Tel: (312) 357-0370
Dated: June 9, 2016
By Order of the Court,
United States District Court
for the Northern District of Illinois
1 This Summary Notice incorporates by reference the definitions in the Stipulation and Agreement of Settlement, dated May 4, 2016 (the "Settlement"), and all capitalized terms used, but not defined, herein shall have the same meanings as in the Settlement. A copy of the Settlement can be obtained at www.NavistarSecuritiesSettlement.com.
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/cohen-milstein-sellers--toll-pllc-announces-proposed-settlement-of-class-action-against-navistar-international-corporation-300286715.html
SOURCE United States District Court, Northern District of Illinois, Eastern Division