Avaya, Inc. Shareholder Lawuit 20
Security and Time Period: Avaya common stock and put and call options purchased or acquired between March 2, 2005 and April 19, 2005, inclusive.
Settlement Fund: $4,500,000 in cash plus any interest earned. Your recovery will depend on the timing of your purchases, acquisitions, and any sales of Avaya Publicly Traded Securities during the Class Period. Based on the information currently available to Lead Plaintiffs and the analysis performed by their damage consultants, it is estimated that if Class Members submit claims for 100% of the shares eligible for distribution under the Plan of Allocation (described below), the
estimated average distribution per share of common stock will be approximately $0.04 before deduction of Court-approved fees and expenses, including the cost of notifying members of the Class and settlement administration. Historically, actual claims rates are less than 100%, which result in higher distributions per share. A Class Member’s actual recovery will be a proportion of the Net Settlement Fund determined by that claimant’s recognized claim as compared to the total recognized claims of all Class Members who submit valid Proof of Claim and Release forms (“Proof of Claim”).
Reasons for Settlement: Avoids the costs and risks associated with continued litigation, including the danger of no recovery.