All Persons who received merger consideration in connection with the December 5, 2014 acquisition of TIBCO Software Inc. ("TIBCO") by Vista Equity Partners and who were thereby damaged as a result of the conduct alleged in the above-captioned consolidated stockholder class action lawsuit, excluding the Excluded Persons (the "Class").1
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Chancery of the State of Delaware (the "Court"), that Plaintiff in the above-captioned consolidated stockholder class action lawsuit (the "Action") has reached a proposed settlement of the Action (the "Settlement") for $30,439,251 in cash. If approved by the Court, the Settlement will resolve all claims asserted in the Action.
A settlement hearing will be held on September 7, 2016 at 10:00 a.m. before Chancellor Andre G. Bouchard, in the Court of Chancery in the New Castle County Courthouse, 500 North King Street, Wilmington, Delaware 19801, to determine, among other things, (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate; (ii) whether the Action should be dismissed with prejudice, and the Releases specified and described in the Settlement Stipulation (and in the Notice) should be granted; (iii) whether the proposed Plan of Allocation should be approved as fair and reasonable; and (iv) whether Co-Lead Counsel's application for an award of attorneys' fees and reimbursement of expenses should be approved.
If you are a member of the Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Net Settlement Fund. If you have not yet received the full printed Notice of Proposed Settlement of Class Action, Settlement Hearing, and Right to Appear (the "Notice") and the Proof of Claim and Release Form (the "Claim Form"), you may obtain copies of these documents by contacting the Claims Administrator at TIBCO Stockholders Litigation, c/o A.B. Data, Ltd., P.O. Box 173021, Milwaukee, WI 53217; by toll-free phone at (877) 235-2836; or by email at info@TIBCOStockholdersLitigation.com. Copies of the Notice and Claim Form can also be downloaded from the settlement website maintained by the Claims Administrator, www.TIBCOStockholdersLitigation.com.
If you are a Class Member, in order to be eligible to receive a payment under the proposed Settlement, you must submit a Claim Form postmarked no later than October 10, 2016. If you are a Class Member and do not submit a proper Claim Form, you will not share in the distribution of the net proceeds of the Settlement but you will nevertheless be bound by any judgments or orders entered by the Court in the Action.
Any objections to the proposed Settlement, the proposed Plan of Allocation, and/or Co-Lead Counsel's application for attorneys' fees and reimbursement of expenses, must be filed with the Register in Chancery and delivered to Co-Lead Counsel and Remaining Defendants' Counsel such that they are received no later than August 29, 2016, in accordance with the instructions set forth in the Notice.
Please do not contact the Court regarding this notice. All questions about this notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to the Claims Administrator or Co-Lead Counsel.
Requests for the Notice and Claim Form should be made to:
TIBCO Stockholders Litigation
c/o A.B. Data, Ltd.
P.O. Box 173021
Milwaukee, WI 53217
Inquiries, other than requests for the Notice and Claim Form, should be made to Co-Lead Counsel:
Cynthia A. Calder, Esq.
Grant & Eisenhofer P.A.
123 Justison Street
Wilmington, DE 19801
Mark Lebovitch, Esq.
Bernstein Litowitz Berger
& Grossmann LLP
1251 Avenue of the Americas
New York, NY 10020
DATED: July 18, 2016
BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE
1 All capitalized terms used in this Notice that are not otherwise defined herein shall have the meanings provided in the Stipulation and Agreement of Settlement dated June 20, 2016 (the "Settlement Stipulation"), which is available on the settlement website at www.TIBCOStockholdersLitigation.com.
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/grant--eisenhofer-pa-and-bernstein-litowitz-berger--grossmann-llp-announce-proposed-settlement-of-in-re-tibco-software-inc-stockholder-litigation-consolidated-ca-no-10319-cb-pending-in-the-court-of-chancery-of-the-state--300300074.html
SOURCE Grant & Eisenhofer P.A. and Bernstein Litowitz Berger & Grossmann LLP