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IMPORTANT NOTICE
Please be advised that if you selected to receive a direct deposit into your checking
or savings account on page 2 of the claim form, you may notice a “pre-note” deposit
of $0.00 was made to your account this week. This is required as a confirmation
that your account information has been correctly transmitted to the bank. You should
expect your full payment from the Net Class Settlement Fund on August 19th
, 2011.
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IMPORTANT DATES & DEADLINES
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Submit A Claim Form:
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Postmarked no later than March 11, 2011
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Exclude Yourself
(Get Out Of The Class):
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Deadline has passed
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Remain In The Class And Object:
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Deadline has passed
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Settlement Fairness Hearing:
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Settlement was approved. Hearing was held on January 25, 2011 at 11:00 a.m.
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The following is a summary of information presented in more detail in the Notice
of Pendency and Proposed Settlement of Class Action, which Class Members should
have received in the mail, and which you can access by clicking the box on the left.
Since this is just a summary, you should read the full Notice for additional details.
PLEASE READ THIS INFORMATION CAREFULLY. IF YOU PURCHASED OR OTHERWISE ACQUIRED FORCE
PROTECTION, INC. (“FORCE PROTECTION”) COMMON STOCK BETWEEN JANUARY 18, 2007 AND
MARCH 14, 2008, INCLUSIVE, YOUR RIGHTS MAY BE AFFECTED BY THESE PROCEEDINGS AND
YOU MAY BE ENTITLED TO RECEIVE BENEFITS UNDER A PROPOSED $24,000,000 CLASS ACTION
SETTLEMENT.
Securities Brokers and other Nominees: Please see instructions on page 11 of the
Notice.
THE COURT’S SETTLEMENT FAIRNESS HEARING
The Settlement was approved by the Court on January 25, 2011.
WHAT IS THIS CASE ABOUT?
Lead Plaintiffs have alleged that Defendants caused the price of Force Protection
common stock to be artificially inflated during the Class Period by the issuance
of materially false statements and by omitting to state material information concerning
the Company’s financial results, its compliance with United States Department of
Defense regulations, and its ability to obtain contracts from the U.S. Government.
THE SETTLEMENT BENEFITS
Force Protection has agreed to pay $24,000,000 in cash to settle this case (the
“Settlement Fund”). The Settlement Fund will be placed into a bank account that
will earn interest. The Settlement Fund, plus interest accrued, minus taxes, costs,
fees and expenses, and a Compensatory Award to the Lead Plaintiffs (the “Net Settlement
Fund”), will be divided among all eligible Class Members who send in valid Proof
of Claim forms.
THE OPTIONS AVAILABLE TO CLASS MEMBERS UNDER THIS SETTLEMENT
If you are a Class Member, you have the following options:
FILE A PROOF OF CLAIM AND RELEASE FORM
To qualify to get money from the proposed Settlement, you must timely send in a
completed Proof of Claim and Release form with supporting documents (DO NOT SEND
ORIGINALS) to the Claims Administrator. At the link on the left, you may get a Proof
of Claim and Release form. Please read the instructions carefully, fill out the
Proof of Claim and Release form, include all the documents the form asks for, sign
it, and mail it to the Claims Administrator by first class mail, postmarked no later
than March 11, 2011. The Claims Administrator needs all of the information
requested in the Proof of Claim and Release in order to determine what you may be
entitled to.
EXCLUDE YOURSELF FROM THE CLASS
All members of the Settlement Class have the option to exclude themselves from the
Settlement by mailing a valid, timely request for exclusion to be received no later
than December 27, 2010, to:
Claims Administrator
Force Protection Inc. Securities Litigation
c/o Rust Consulting, Inc.
P.O. Box 2389
Faribault, MN 55021-9089
Persons or entities who properly file requests for exclusion from the Settlement
Class will not receive any payment that may arise from this Action, whether by judgment
or settlement, and you cannot file objections. To exclude yourself from the Class,
you must send a written letter stating:
- You want to be excluded from the Settlement in In re Force Protection, Inc. Securities
Litigation, Consolidated Civil Action No. 2:08-cv-845-CWH;
- Your name, address, and telephone number;
- Documentation that reflects number of shares you purchased or sold during the Class
Period; the dates you purchased or sold the shares; and the price you paid for the
shares; and
- The statement must be signed.
The exclusion deadline, December 27, 2010, has already passed.
OBJECT TO THE SETTLEMENT
If you are a Class Member, you may object to the Settlement or any of its terms,
the Plan of Allocation, the application for attorneys’ fees, costs and expenses,
or the request for a Compensatory Award to Lead Plaintiff. You may write to the
Court stating your objection. You may give reasons why you think the Court should
not approve any or all of the Settlement terms. The Court will consider your request
if you file a proper objection within the deadline identified and according to the
following procedures.
To object, you must send a written objection stating:
- You object to the Settlement in In re Force Protection, Inc. Securities Litigation,
Consolidated Civil Action No. 2:08-cv-845-CWH;
- Your name, address, and telephone number;
- Documentation that reflects number of shares you purchased or sold during the Class
Period; the dates you purchased or sold the shares; and the price you paid for the
shares;
- A statement of the reasons for the objecting to the Settlement; and
- The objection must be signed.
The objection must be filed on or before December 27, 2010 with the CLERK OF THE
COURT and also served upon Lead Plaintiffs’ Co-Lead Counsel and Defendants’ Counsel
at the addresses listed on page 10, Question 87 of the Notice.
If you have submitted an objection to the Settlement and want to speak at the Settlement
Fairness Hearing or have your own attorney speak for you, at your own expense, follow
the instructions on page 10, Question 87 of the Notice.
Note: The Court may change the date and time of the Settlement Fairness Hearing.
You should check with Lead Counsel to be sure the date and/or time has not changed.
You can only object if you do not exclude yourself from the Class.
The objection deadline, December 27, 2010, has already passed.
FURTHER INFORMATION
Further information regarding the Settlement, the Notice of Pendency and Proposed
Settlement of Class Action and how to file your claim may be obtained by contacting
the Claims Administrator or reading through the Notice of Pendency and Proposed
Settlement of Class Action and Proof of Claim and Release links on the left. You
may also contact Lead Counsel at the address listed on the Contact Information link
on the left.
IMPORTANT: THIS SITE IS NOT OPERATED BY FORCE PROTECTION, INC. THIS SETTLEMENT
IS SUPERVISED BY LEAD PLAINTIFFS’ CO-LEAD COUNSEL. THE CLAIMS ADMINISTRATOR HANDLES
ALL ASPECTS OF CLAIM PROCESSING. THIS IS THE AUTHORIZED WEBSITE FOR THIS SETTLEMENT.
PLEASE DO NOT RELY UPON OTHER SITES THAT SET OUT DIFFERENT AND UNAUTHORIZED INFORMATION.
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