The information contained on this web page is only a summary of information presented in more detail in the Notice of (I) Pendency of Class Action and Proposed Settlements; (II) Settlement Fairness Hearing; (III) Motion for an Award of Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”). Because this website is just a summary, you should review the Notice for additional details.
The Court-appointed lead plaintiffs GAMCO Global Gold, Natural Resources & Income Trust and GAMCO Natural Resources, Gold & Income Trust (together, the “GAMCO Funds” or “Lead Plaintiffs”), and additional named plaintiffs St. Lucie County Fire District Firefighters’ Pension Trust Fund, Fire and Police Retiree Health Care Fund, San Antonio, Sjunde AP-Fonden, and Universal Investment Gesellschaft m.b.H. (collectively, with Lead Plaintiffs, “Plaintiffs”), on behalf of themselves and the Settlement Class (as defined in the Notice), have reached three separate proposed settlements (the “Settlements”) with the different defendant groups (collectively, the “Settling Defendants”) which, if approved by the Court, will resolve all claims asserted by Plaintiffs in the Action on behalf of the Settlement Class against the Settling Defendants.
If you are a member of the Settlement Class, your rights will be affected and you may be eligible for a payment from the Settlement. The Settlement Class consists of:
All persons and entities who purchased or otherwise acquired Cobalt common stock, Cobalt 2.625% Convertible Senior Notes due 2019, and/or Cobalt 3.125% Convertible Senior Notes due 2024 (collectively, “Cobalt Securities”) between March 1, 2011 and November 3, 2014, inclusive, and were damaged thereby. Included within the Settlement Class are all persons and entities who purchased or otherwise acquired shares of Cobalt common stock on the open market and/or pursuant or traceable to the registered public offerings on or about (i) February 23, 2012; (ii) January 16, 2013; and (iii) May 8, 2013. Also included within the Settlement Class are all persons and entities who purchased or otherwise acquired Cobalt convertible senior notes on the open market and/or pursuant or traceable to registered public offerings on or about (i) December 12, 2012; and (ii) May 8, 2014.
Certain persons and entities are excluded from the Settlement Class by definition as set out in ¶ 28 of the Notice.
The three proposed Settlements are:
Please read the Notice to fully understand your rights and options.
If you are a member of the Settlement Class, in order to be potentially eligible to receive a payment from the Settlements, you must submit a Claim Form postmarked no later than April 4, 2019.
You only need to submit one Claim Form, which cover all claims you may have in all three Settlements.
Payments to eligible claimants will be made only if the Court approves one or more of the Settlements and a plan of allocation, and only after any appeals are resolved, and after the completion of all claims processing. Please be patient, as this process will take some time to complete.
|IMPORTANT DATES AND DEADLINES:|
|APRIL 4, 2019
CLAIM FILING DEADLINE
|To be eligible to receive a payment from the Settlements, you must mail the Claim Form and supporting documents, postmarked no later than April 4, 2019, in accordance with the instructions in the Notice and Claim Form.|
|JANUARY 23, 2019
|To exclude yourself from the Settlement Class, you must submit a written request for exclusion so that it is received no later than January 23, 2019, in accordance with the instructions in the Notice.|
|JANUARY 23, 2019
|Any objections to any of the proposed Settlements, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of Litigation Expenses, must be received no later than January 23, 2019, in accordance with the instructions in the Notice.|
|FEBRUARY 13, 2019
AT 10:00 A.M.
SETTLEMENT FAIRNESS HEARING
|To attend the Settlement Fairness Hearing and/or ask to speak in Court about the fairness of the Settlement, see the instructions in the Notice. The Settlement Fairness Hearing will be held on February 13, 2019 at 10:00 a.m. before the Honorable Nancy F. Atlas at the United States District Court for the Southern District of Texas, United States Courthouse, 515 Rusk Street, Houston, TX 77002.|