IN RE MEXICAN GOVERNMENT BONDS ANTITRUST LITIGATION
PROOF OF CLAIM AND RELEASE
1. If you entered into a Mexican Government Bond Transaction from January 1, 2006 through and including April 19, 2017 (“Class Period”), you may be eligible to
receive a payment from the $20.7 million in settlements with Barclays PLC, Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Securities Limited,
Barclays Bank México, S.A., Institución de Banca Múltiple, Grupo Financiero Barclays México, and Grupo Financiero Barclays México, S.A. de C.V.
(collectively “Barclays”) and JPMorgan Chase & Co., J.P. Morgan Broker-Dealer Holdings Inc., J.P. Morgan Securities LLC, JPMorgan Chase Bank, National Association,
Banco J.P. Morgan, S.A. Institución de Banca Múltiple, J.P. Morgan Grupo Financiero, and J.P. Morgan Securities plc (collectively “JPMorgan” and with Barclays,
the “Settling Defendants”) reached in In re Mexican Government Bonds Antitrust Litigation, No. 18-cv-02830 (JPO) (S.D.N.Y).
2. “Mexican Government Bond Transaction” means any purchase, sale, or exchange of Mexican Government Bonds, whether in the primary, secondary, or any other market. “Mexican Government Bonds” means any debt securities issued by the United Mexican States (“Mexico”) that are Mexican Peso-denominated, including, but not limited to, CETES, Bondes D, UDIBONOS, and BONOS.
3. Unless otherwise defined herein, all capitalized terms contained in this proof of claim and release (“Claim Form”) have the same meaning as defined in the accompanying Notice of Proposed Class Action Settlements, September 13, 2021 Fairness Hearing Thereon and Class Members’ Rights (“Notice”), the Stipulation and Agreement of Settlement with Barclays, and the Stipulation and Agreement of Settlement with JPMorgan (“Settlement Agreements”), which are available at www.MGBAntitrustSettlement.com.
4. It is important that you read the Notice that accompanies this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the Release and Covenant Not to Sue described in the Notice and provided for in the Settlement Agreements
5. To be eligible to receive a payment from the Net Settlement Fund, you must submit a Claim Form along with the required data and/or information described in Requirements for Submission below and the Summary Notional Transaction Table. To be considered timely, your Claim Form must be submitted online at www.MGBAntitrustSettlement.com by 11:59 p.m. Eastern Time on November 29, 2021 OR mailed and postmarked no later than November 29, 2021. If you are unable to submit the required data as described below at IVRequirements for Submission or the Summary Notional Transaction Table, you should call the Settlement Administrator for further instructions.
6. As described in Requirements for Submission below, you may be required to submit additional information about the Mexican Government Bond Transactions that you submit as part of your Claim Form, but only if you are contacted and instructed to do so by the Settlement Administrator.
7. Your payment amount will be determined based on the Settlement Administrator’s review of your Claim Form and calculated pursuant to the Distribution Plan that the Court approves. Submission of a Claim Form does not guarantee that you will receive a payment from the Settlements. For more information, please refer to the Notice and Distribution Plan available at www.MGBAntitrustSettlement.com.
8. Separate Claim Forms should be submitted for each separate legal entity. Conversely, a single Claim Form should be submitted on behalf of only one legal entity.
9. If you have questions about submitting a Claim Form or need additional copies of the Claim Form or the Notice, you may contact the Settlement Administrator.
1. YOU MUST SUBMIT YOUR CLAIM FORM ELECTRONICALLY OR ON PAPER IN THE REQUIRED FORMAT
Claimants must electronically submit their Claim Forms online at www.MGBAntitrustSettlement.com by 11:59 p.m. Eastern Time on November 29, 2021 OR mail the Claim Forms postmarked no later than November 29, 2021 to the Settlement Administrator at P.O. Box 173123, Milwaukee, WI 53217. Claim Submission Instructions, including the information you must provide about your Mexican Government Bond Transactions, are available at www.MGBAntitrustSettlement.com. Claim Forms must be submitted in the format specified by the Claim Submission Instructions.
Along with your Claim Form, you may be later required to submit the details of your Mexican Government Bond Transactions reflected in the Summary Notional Transaction Table.
2. YOU DO NOT NEED TO SUBMIT ANY ADDITIONAL DATA OR DOCUMENTATION OF TRANSACTIONS AT THIS TIME, BUT MUST DO SO IF CONTACTED BY THE SETTLEMENT ADMINISTRATOR.
The Settlement Administrator may request that Claimants submit additional data or documentation of their Mexican Government Bond Transactions. A Mexican Government Bond Transaction Data Template, including the information you must provide about your Mexican Government Bond Transactions, if requested, is available at www.MGBAntitrustSettlement.com.
If supplemental documentation is required, it would be from one or more of the following sources, so you should retain any such records in case you need to submit them to the Settlement Administrator in the future:
a. Transaction data from your bank, broker, or internal trade system;
b. Bank confirmations by individual trade;
c. Bank transaction reports or statements;
d. Trading venue transaction reports or statements;
e. Prime broker reports or statements;
f. Custodian reports or statements;
g. Daily or monthly account statements or position reports;
h. Email confirmations from counterparty evidencing transactions;
i. Bloomberg confirmations or communications evidencing transactions; and/or
j. Other documents evidencing Mexican Government Bond Transactions during the Class Period.
Further information about these requirements is included in the Claim Submission Instructions, which are available at wwww.MGBAntitrustSettlement.com.