IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN RE CALAMOS ASSET MANAGEMENT, INC. STOCKHOLDER LITIGATION (Cons. C.A. No. 2017-0058-JTL)
IN RE APPRAISAL OF CALAMOS ASSET MANAGEMENT, INC. (Cons. C.A. No. 2017-0139-JTL)
IF YOU WERE A RECORD HOLDER OR BENEFICIAL HOLDER OF CALAMOS ASSET MANAGEMENT, INC. (“CALAMOS” OR THE “COMPANY”) CLASS A COMMON STOCK BETWEEN OCTOBER 1, 2016 AND FEBRUARY 21, 2017, YOU MAY BE A MEMBER OF THE CLASS AND YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Chancery of the State of Delaware (the “Court”), dated January 16, 2019, that lead plaintiffs Robert Schechter and Rita Patchel (“Lead Plaintiffs”), Defendants John P. Calamos, Sr., Calamos Family Partners, Inc. (“Calamos Family Partners”), John S. Koudounis, Calamos Partners LLC (“Calamos Partners”), and CPCM Acquisition, Inc. (“CPCM,” and collectively with Messrs. Calamos and Koudounis, Calamos Family Partners, and Calamos Partners, “Defendants”), and Calamos Asset Management, Inc. (the “Company”) have entered into a proposed settlement (the “Settlement”) in the above-captioned class action lawsuit (the “Action”), challenging the acquisition of the Company by Calamos Partners (the “Acquisition”). The complete terms of the Settlement are set forth in the Stipulation and Agreement of Compromise and Settlement, dated as of January 11, 2019 (the “Stipulation”). The Stipulation can viewed and downloaded by clicking on the Court Documents tab above. A settlement hearing is scheduled to be held in the Court of Chancery of the State of Delaware, Leonard L. Williams Justice Center, 500 North King Street, Courtroom 12(B), Wilmington, Delaware, 19801, on April 25, 2019, at 11:00 a.m. (the “Settlement Hearing”) to: (a) determine whether to permanently certify the Class as a non-opt-out class pursuant to Court of Chancery Rule 23; (b) determine whether the Court should approve the Settlement as fair, reasonable and adequate; (c) determine whether the Judgment should be entered pursuant to the Stipulation; (d) consider the application by Class Plaintiffs’ Counsel for an award of attorneys’ fees and expenses; (e) hear and determine any objections to the Settlement or the application of Class Plaintiffs’ Counsel for an award of attorneys’ fees and expenses; and (f) rule on such other matters as the Court may deem appropriate.
INSTRUCTIONS TO BROKERS AND OTHERS WHO HELD FOR THE BENEFIT OF OTHERS
Brokerage firms, banks and/or other persons or entities who held shares of Calamos Class A common stock between October 1, 2016 and February 21, 2017, inclusive, for the benefit of others are requested to immediately send the Notice, along with the Non-Participation Form, to all such beneficial owners. Specifically, all such brokerage firms, banks and/or persons or entities must either (a) immediately upon receipt of the Notice request from the Administrator sufficient copies of the Notice and Non-Participation Form (the “Notice Packet”) to forward to all such beneficial owners, and immediately upon receipt of those Notice Packets, forward them to all such beneficial owners; or (b) immediately upon receipt of this Notice, provide a list of the names and addresses of all such beneficial owners to Calamos Stockholder Settlement, c/o Gilardi & Co. LLC, PO Box 505033, Louisville, KY 40233-5033. If you choose the second option, the Administrator will send a copy of the Notice Packet to the beneficial owners. Upon full compliance with these directions, such nominees may seek reimbursement of their reasonable expenses actually incurred, by providing the Administrator with proper documentation supporting the expenses for which reimbursement is sought. Copies of this Notice and the Non-Participation Form may also be obtained by calling the Administrator toll-free at (866) 619-6621 or by emailing the Administrator at info@CalamosStockholderSettlement.com.
The capitalized terms used on this website, and not otherwise defined, shall have the same meanings ascribed to them in the Notice and the Stipulation.