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IN RE SUNBEAM CORP Click to find out why . . .



Keywords & Phrases
CaseNo: IRSC89293, CourtName: 1. THIS NOTICE IS GIVEN PURSUANT TO RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND ORDERS OF THE COURT DATED MAY, State: FL Florida, UniqueCaseRef: LCD>IRSC89293, Sunbeam, Common Stock, Settlement, Sold, Class Members, Claimant, Common Stock Plaintiffs, Securities, Open Market, Request, Amount Paid, Loss, Recognized Claim, Exclusion, Financial Statements, Settlement Fund, Sunbeam Corporation, Transaction Charges, Disclosures, Sunbeam Securities Litigation, Brokerage Commissions, Repurchase, Expired Worthless, Instructions, Net Settlement Fund, Authorized Claimant, Claims Administrator, Settlement Proceeds , ContentID: 120248241

Case Documents
1 2001-02-01 NOTICE
[ see first page and extracted highlights below  ] ItemID: 120104
27 pages
PDF
Total Documents: 1 document , 27 pages
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1 . NOTICE

EXTRACTED KEY WORDS
COMMON STOCK
SETTLEMENT
SOLD
CLASS MEMBERS
CLAIMANT
COMMON STOCK PLAINTIFFS
SECURITIES
OPEN MARKET
REQUEST
AMOUNT PAID
LOSS
COURT
RECOGNIZED CLAIM
EXCLUSION
FINANCIAL STATEMENTS
SETTLEMENT FUND
SUNBEAM CORPORATION
DEFENDANTS
TRANSACTION CHARGES
DISCLOSURES
SUNBEAM SECURITIES LITIGATION
BROKERAGE COMMISSIONS
REPURCHASE
EXPIRED WORTHLESS
INSTRUCTIONS
NET SETTLEMENT FUND
AUTHORIZED CLAIMANT
CLAIMS ADMINISTRATOR
SETTLEMENT PROCEEDS
                                                                               UNITED STATES
                                                                              SOUTHERN DISTRICT OF
-----------------------------------------------------------------------------  )
IN RE SUNBEAM SECURITIES LITIGATION                    )     98-8258-Civ-Middlebrooks
-----------------------------------------------------------------------------  )

                                      NOTICE OF PENDENCY OF CERTIFIED CLASS ACTION, HEARING ON
                                 SETTLEMENT AND ATTORNEYS* FEE PETITION AND RIGHT TO SHARE IN

TO: ALL  PERSONS  WHO PURCHASED THE COMMON STOCK OF SUNBEAM CORPORATION ("SUNBEAM") OR WHO
         PURCHASED  SUNBEAM  CALL  OPTIONS OR SOLD SUNBEAM PUT OPTIONS ON THE OPEN MARKET DURING
         FROM APRIL 23, 1997 THROUGH AND INCLUDING JUNE 30, 1998.

         PLEASE  READ  THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS WILL BE AFFECTED BY
THIS  ACTION.  IF YOU ARE A CLASS MEMBER, YOU ULTIMATELY MAY BE ENTITLED TO RECEIVE BENEFITS
PROPOSED PARTIAL SETTLEMENT DESCRIBED HEREIN.

         CLAIMS DEADLINE: CLAIMANTS MUST SUBMIT PROOFS OF CLAIM, ON THE FORM ACCOMPANYING THIS
POSTMARKED ON OR BEFORE NOVEMBER 15, 2001.

         EXCLUSION  DEADLINE:  REQUESTS FOR EXCLUSION MUST BE POSTMARKED ON OR BEFORE SEPTEMBER 10,
MUST BE RECEIVED BY SEPTEMBER 15, 2001.

         SECURITIES BROKERS AND OTHER NOMINEES: PLEASE SEE INSTRUCTIONS ON PAGE 6 HEREIN.

                                                                   SUMMARY OF SETTLEMENT AND

I.       Purpose of this Notice

         1. This  Notice  is  given  pursuant  to  Rule  23  of  the  Federal  Rules  of  Civil 
3,  2001  and  July  3,
2001.  The  purpose  of  this  Notice  is  to  inform  you:  (i)  that  this  Action  has  been 
l affect all Class
Members*  rights; and (ii) to inform you of a proposed Settlement with Arthur Andersen, one of the
Notice  describes the rights of Class Members, and the rights you may have under the proposed
to  this Action. This Notice is not an expression of any opinion by the Court as to the merits of
this Action, or the fairness or adequacy of the proposed Settlement.

II.      Statement of Plaintiff Recovery

         2. Pursuant  to  the  Settlement  described  herein,  a  Settlement  Fund  consisting  of 
n  established.
P laintiffs  estimate  that  there  were  approximately  144  million  shares  of  Sunbeam  common 
may have
been  damaged  as  a  result  of  the  alleged  wrongdoing  described  below,  of  which 
e end of the
Class Period. Plaintiffs estimate that the average recovery per damaged share of Sunbeam common
share1 before deduction of Court-awarded attorneys*  fees  and  expenses.  Depending  on  the 
s  Period
SNIPPETS:
  • ALL PERSONS WHO PURCHASED THE COMMON STOCK OF SUNBEAM CORPORATION OR WHO PURCHASED SUNBEAM
  • EXCLUSION DEADLINE: REQUESTS FOR EXCLUSION MUST BE POSTMARKED ON OR BEFORE SEPTEMBER 10,
  • The purpose of this Notice is to inform you: that this Action has been certified to proceed
  • This Notice is not an expression of any opinion by the Court as to the merits of any claims
  • Class Members are referred to the Plan of Allocation of Settlement Proceeds Among Class
  • Under the relevant securities laws, a claimant*s recoverable damages are limited to the
  • Losses which resulted from factors other than the alleged fraud are not compensable from the
  • Common Stock Plaintiffs* Counsel consider that there was a risk that Plaintiffs and the Class
  • Even if Arthur Andersen were found liable for its unqualified audit opinion certifying
  • The Gross Settlement Fund, less all taxes, approved costs, fees and expenses (the "Net
  • The Claims Administrator shall determine each Authorized Claimant*s pro rota share of the Net
  • Each Authorized Claimant shall be allocated a pro rota share of the Net Settlement Fund based
  • Class Members who do not either submit a request for exclusion or submit an acceptable Proof
  • If you do not wish to remain a member of the Class, you may exclude yourself from the Class
  • To do so, you must so state in writing postmarked no later than September 10, 2001 You must
  • Sold BEFORE the March 19 Announcement, Recognized Claim shall mean 10% of the difference, if
  • which said shares were sold at a loss (net of brokerage commissions and transaction charges);
  • Sold or held AFTER April 3,1998 Disclosures, Recognized Claim shall mean 100% of the
  • which said call options were sold at a loss, if they were sold, or $0.00 if they expired
  • mean 25% of the difference, if a loss, between the amount paid to cover (repurchase) the put
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