SDNY.\ien'f .TRO~AU.Y'" UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

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1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RICHARD WAGNER, Individually And On Behalf Of All Others Similarly Situated, Judge Richard M. Berman SDNY.\iEN'f.TRO~AU.Y'" MuRIEL P. ENGELMAN, On Behalf OfAll Others Similarly Situated, I:03cv5059 Judge Richard M. Berman (Caption Continued On Next Page) FINAL SETTLEMENT ADMINISTRATION ORDER

2 PHILIP SCHECHTER, Individually And On Behalf Of All Others Similarly Situated, 1:03cv5104 Judge Richard M. Bennan IRA GAINES, On Behalf Of Himself And All Others Similarly Situated, I :03cv5856 Judge Richard M. Bennan C.H. SMITH, Individually And On Behalf Of All Others Similarly Situated, 1:03cv6089 Judge Richard M. Bennan WHEREAS, unless otherwise indicated, all capitalized terms used herein are the same as those defined in the Stipulation and Agreement of Settlement dated March 30, 2009 (the "Stipulation");

3 WHEREAS, on July 24, 2009, this Court entered its Preliminary Approval Order which, inter alia, approved the fonns and procedures for disseminating notice to the Class in the Action and for processing and administering claims submitted by putative Class Members to participate in the Net Settlement Fund (i.e., "Claimants"), as set forth in the Stipulation and the Notice of Proposed Settlement of Class Action, Settlement Fairness Hearing and Motion for Attorneys' Fees (the "Notice") and the Proof of Claim and Release fonn ("Proof of Claim"), which were approved by this Court as Exhibits I and 2, respectively, to the Court's Preliminary Approval Order; WHEREAS, on November 17, 2009, the Court, by its Amended Final Order and Judgment, found that the Notice and Proof of Claim were disseminated to Class Members in the manner directed by the Court in the Preliminary Approval Order and gave final approval to the Settlement ofthe Action in accordance with the Stipulation pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, including final approval of the procedures for processing and administering claims submitted by putative Class Members to share in the proceeds of the Net Settlement Fund; WHEREAS, the Court has been advised by the Parties that the procedures for processing and administering claims submitted to share in the proceeds of the Settlement are sufficiently advanced for final approval or disapproval of such claims and for entry of an order directing distribution ofthe Net Settlement Fund to Eligible Claimants (the "Distribution Order"); WHEREAS, on February 26, this Court signed a Preliminary Order Concerning Distribution of the Net Settlement Fund, directing, among other things, that all approved claims be paid forthwith and without further delay; 2

4 WHEREAS, on March 1,2010, this Court held a conference attended by counsel for Plaintiffs and Defendants to discuss matters related to the administration of claims and the final distribution of the Net Settlement Fund, and directed Plaintiffs' Co-Lead Counsel to establish procedures for the final review, including appeals, of claims that The Garden City Group, Inc. ("GCG"), the settlement claims administrator approved by this Court in its Preliminary Approval Order, has at this point concluded are, in whole or in part, ineligible for payment from the Net Settlement Fund and for the review and resolution by Plaintiffs' Co-Lead Counsel and GCG of appeals, if any, by Claimants of the rejection of claims by GCG; and WHEREAS, the Parties to the Action having consented to the entry of this Order, NOW, THEREFORE, IT IS HEREBY ORDERED, this 4th day of March, 2010 that: I. To the extent there is any inconsistency between the Order, dated February 26, 2010, and this Order, this Order governs. 2. On or before March 5, 2010, Plaintiffs' Co-Lead Counsel shall cause GCG to send the letter, in the form attached hereto as Exhibit A, to every person or entity that has submitted a Proof of Claim that has been rejected by GCG, which informs Claimants of the procedures and deadlines for curing or completing remaining incomplete or deficient claims and the procedures and deadlines for final appeal of the rejection of a claim by GCG, in whole or in part, to Plaintiffs' Co-Lead Counsel. 3. With respect to claims that have been previously rejected by GCG that remain incomplete and/or deficient following the passage of the deadlines and appeal process set forth herein, such claimants are hereby notified and advised that such claims will not be accepted for payment and no further review shall be available. 3

5 4. The following deadlines shall apply with respect to any (partially or fully) rejected claims: (a) Deficient claims must be completed and/or all deficiencies cured, to the reasonable satisfaction of GCG and Plaintiffs' Co-Lead Counsel, on or before March 23, 2010, or the claims will be rejected; (b) Any appeals of GCG and Plaintiffs' Co-Lead Counsel's determinations must be made in writing and with supporting legal authority to Plaintiffs' Co-Lead Counsel, following the procedures set forth in the letter attached hereto as Exhibit A and including all supporting materials, and such appeals must be received by Plaintiffs' Co-Lead Counsel on or before April 2, 20 I0; and (c) Plaintiffs' Co-Lead Counsel's and GCG' s review and notification to Claimants regarding any appeals, following the procedures set forth in the letter attached hereto as Exhibit A, shall be completed on or before April 9, 2010, and shall be final as to any such claims. 5. Plaintiffs' Co-Lead Counsel shall file with this Court any additional information or papers in support oftheir application for attorneys' fees and reimbursement ofexpenses and application for any GCG administrative expenses (and including taxes) payable by the Settlement Fund no later than April 13,2010, along with a proposed Distribution Order setting forth: (a) all proposed approved and rejected claims, (b) the percentage of the Net Settlement Fund that each approved claim will receive based on the amount of all approved claims, and (c) providing for prompt and immediate distribution of the Net Settlement Fund to approved Claimants. 4

6 6. A status conference open to the public is hereby scheduled for April 15,2010 at 9 a.m. in Courtroom 21B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. 7. The Court may, for good cause, extend any of the deadlines set forth in this Order without further notice to Class Members. Dated: New York, NY March 4, 2010 HONORABLE RICHARD M. BERMAN UNITED STATES DISTRICT JUDGE 5

7 ,. EXHIBIT A

8 Wagner v. Barrick Gold Corp., et al. FINAL NOTICE Dear Claimant: You were previously notified by The Garden City Group, Inc., the "Claims Administrator" in the above securities class action, that your claim was rejected, in whole or in part, and is not eligible, in whole or in part, for a payment from the Settlement Fund. You are hereby being given one final opportunity to cure the deficiency and/or complete your claim by providing the required documentation to the Claims Administrator so that it is received no later than March 23, If your claim is not complete and all deficiencies cured by that date, your claim (or the portion that is still incomplete or deficient) will be rejected and you will not receive any payment from the Settlement Fund. If you disagree with the Claims Administrator's rejection, in whole or in part, of your claim, you may appeal in writing to Plaintiffs' Co-Lead Counsel, David Brower, Esq., Brower Piven, 488 Madison Avenue, Eighth Floor, New York, NY To appeal, you must adhere to the following procedures: You must submit your written appeal by first class mail (electronic submissions will not be accepted) so that it is received no later than April 2, 2010, setting forth the following information in seven (7) double spaced pages or less: (i) the basis for your appeal including arguments and any legal authorities; and (ii) all facts in support of your appeal. To prevail in an appeal, you must demonstrate through clear and convincing evidence and/or persuasive legal authority, that the Claims Administrator's rejection of your claim was clearly erroneous; or that the rejection of your claim by the Claims Administrator was arbitrary, capricious, or otherwise improper. The Court has ordered that Plaintiffs' Co-Lead Counsel and the Claims Administrator make the final decision as to the rejection of all claims and appeals of rejections of claims - and no further review will be provided. You will be notified of their determination. Brower Piven David Brower, Esq.

Case 1:15-cv WHP Document 148 Filed 06/28/18 Page 1 of 14

Case 1:15-cv WHP Document 148 Filed 06/28/18 Page 1 of 14 Case 1:15-cv-01249-WHP Document 148 Filed 06/28/18 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE VIRTUS INVESTMENT PARTNERS, INC. SECURITIES LITIGATION Case No. 15-cv-1249