SUPERIOR COURT OF THE STATE OF WASHINGTON AT SEATTLE THE HONORABLE GREG CANOVA RICHARD CARRIGAN, On Behalf of Himself and All Others Similarly Situated, vs. Plaintiff, ADVANCED DIGITAL INFORMATION CORPORATION, et al., Defendants. Case No. 06-2-16887-9SEA CLASS ACTION NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION IF YOU HELD SHARES OF ADVANCED DIGITAL INFORMATION CORPORATION ( ADIC OR THE COMPANY COMMON STOCK BETWEEN MAY 2, 2006 AND AUGUST 22, 2006, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF A CLASS ACTION. The Superior Court of the State of Washington for the County of King, authorized this Notice. This is not a solicitation from a lawyer. The settlement resolves a lawsuit over whether Defendants breached their fiduciary duties to the shareholders of ADIC in connection with the acquisition of ADIC by Quantum Corporation ( Quantum. The settlement provides for the disclosure of certain additional information by ADIC prior to the shareholder vote on the proposed acquisition by Quantum. The Representative Plaintiff believes disclosure of such information was necessary in order for ADIC shareholders to make an informed vote on the proposed acquisition. The disclosures included (among other things prior engagements of Credit Suisse by ADIC, benefits of the Quantum offer over other offers for the Company, share ownership of the Company's Board members and executives, additional information regarding change of control agreements of various executives, additional information regarding the vesting of equity-based awards to ADIC officers and directors as a result of the merger, and information regarding Company management following the merger. The settlement also provides for payment of Representative Plaintiff s attorneys fees and expenses. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: DO NOTHING OBJECT GO TO A HEARING If you do nothing, you will be included as a Member of the Settlement Class. As a Member of the Settlement Class, you give up any right to sue any of the Defendants, Quantum or their Related Parties for any of the Released Claims (as defined at p. 3. You may file an objection with the Clerk of the Court if you don t like this settlement. You may ask to speak in Court about the fairness of the settlement. 1
These rights and options and the deadlines to exercise them are explained in this Notice. The Court in charge of this case must decide whether to approve the settlement. 1. Why Did I Get This Notice Package? BASIC INFORMATION You or someone in your family may have held shares of ADIC common stock between May 2, 2006 and August 22, 2006. The Court sent you this Notice because you have a right to know about a proposed settlement of a class action lawsuit before the Court decides whether to approve the settlement. This package explains the lawsuit, the settlement and your legal rights. The Court in charge of the case is the Superior Court of the State of Washington, King County and the case is known as Carrigan v. Advanced Digital Information Corporation, Case No. 06-2-16887-9SEA. ADIC, Peter H. van Oppen, Christopher T. Bayley, Frank M. Higgins, Tom A. Alberg, John W. Stanton and Walter F. Walker are called the Defendants. 2. What Is This Lawsuit About? This case was brought as a class action alleging that the Defendants breached their fiduciary duties to the shareholders of ADIC in connection with the proposed acquisition of ADIC by Quantum. The Representative Plaintiff sought to stop the Defendants from proceeding with the acquisition and challenged the omission of information the Representative Plaintiff thought necessary for ADIC shareholders to make an informed vote on the proposed transaction. Defendants contended that the allegations were meritless and did not justify a delay in the acquisition and denied that they did anything wrong. 3. Why Is This a Class Action? In a class action, one or more people or entities called class representatives (in this case Richard Carrigan, sue on behalf of people and entities who have similar claims. Here, all these people and entitles are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members. Judge Greg Canova is in charge of this class action. 4. Why Is There a Settlement? The Court did not decide in favor of Representative Plaintiff or Defendants. Instead, both sides agreed to a settlement, thereby avoiding the cost of a trial. This settlement consists of the disclosures defined in question 6. Prior to negotiating for these disclosures, Representative Plaintiff s Counsel reviewed internal documents produced by ADIC. Moreover, before agreeing to go forward with the settlement, Representative Plaintiff s Counsel conducted additional discovery to confirm that the disclosures agreed upon were adequate. Following completion of the discovery, Representative Plaintiff s Counsel concluded that additional disclosures that Defendants agreed to provide to shareholders were sufficient to allow ADIC shareholders to make an informed vote on the proposed acquisition of ADIC by Quantum. The Representative Plaintiff and his attorneys think the settlement is best for all Settlement Class Members. 5. How Do I Know if I Am Part of the Settlement? The Settlement Class includes all Persons who held shares of ADIC common stock between May 2, 2006 and the consummation of the Acquisition, August 22, 2006, including any and all of their predecessors, 2
representatives, trustees, executors, heirs, assigns or transferees, immediate and remote, and any Person acting for or on behalf of, or claiming under any of them and each of them. Excluded from the Settlement Class are the Defendants, Quantum, their affiliates, successors-in-interest, predecessors, representatives, trustees, executors, heirs, assigns or transferees, immediate and remote, and any Person acting for or on behalf of, or claiming under any of them and each of them. 6. What Does the Settlement Provide? THE SETTLEMENT BENEFITS Representative Plaintiff alleged in his complaint that the Defendants failed to disclose to shareholders certain material information relating to the acquisition. In settlement of the lawsuit, Defendants made available to ADIC s shareholders additional information related to the acquisition. This information included (among other things prior engagements of Credit Suisse by ADIC, benefits of the Quantum offer over other offers for the Company, share ownership of the Company's Board members and executives, additional information regarding change of control agreements of various executives, additional information regarding the vesting of equity-based awards to ADIC officers and directors as a result of the merger, and information regarding Company management following the merger. On July 19, 2006, counsel for the Parties reached an agreement-in-principle to settle this lawsuit pursuant to which Defendants would make certain supplemental disclosures. These disclosures were included in the Form S- 4/A which was filed with the SEC, and in the proxy statement/prospectus, which was mailed to ADIC shareholders. Defendants acknowledge that the decision to provide the additional disclosures was a direct result of the pendency and prosecution of the lawsuit and that absent the lawsuit, these disclosures would not have been made. 7. What Does It Mean to Be Part of the Settlement Class? If you are in the Settlement Class, that means you cannot sue or be part of any other lawsuit against the Defendants, Quantum or their Related Parties about the legal issues in this case. It also means that all of the Court s orders will apply to you and legally bind you. In addition, you are releasing your claims against the Defendants, Quantum and their Related Parties that you ever had or now have, or may have by reason of, arising out of, relating to or in connection with the allegations, facts, events, transactions, acts, occurrences, statements, representations, misrepresentations, omissions or any other matter, thing or cause whatsoever, or any series thereof, embraced, involved, set forth or otherwise arising out of, related to, or concerning (i the allegations contained in the Litigation, (ii the Acquisition, including the negotiations leading to the Acquisition, the agreements and disclosures relating to the Acquisition, any compensation or other payments made in connection with the Acquisition, and the consideration being paid pursuant to the Acquisition, (iii any misrepresentations and/or omissions in the Proxy or any other disclosures, non-disclosures, or public statements relating to the Acquisition, and (iv any matter that could have been asserted in the Litigation regarding breach of fiduciary duty or failure to disclose material facts. You are not releasing any stockholder dissenters rights claims. 8. Do I Have a Lawyer in This Case? THE LAWYERS REPRESENTING YOU The law firms of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Robbins Umeda & Fink, LLP represent you and other Settlement Class Members. These lawyers are called Representative Plaintiff s Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 3
9. How Will the Lawyers Be Paid? ADIC or its successor-in-interest have agreed to pay the sum of $280,000 in total to Representative Plaintiff s Counsel for their attorneys fees and expenses. The agreed upon attorneys fees and expenses will be the only payment to Representative Plaintiff s Counsel for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis. OBJECTING TO THE SETTLEMENT You can tell the Court that you don t agree with the settlement or some part of it. 10. How Do I Tell the Court that I Don t Like the Settlement? If you are a Settlement Class Member, you can object to the settlement if you don t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in Carrigan v. Advanced Digital Information Corporation, Case No. 06-2-16887-9SEA. Be sure to include your name, address, telephone number, your signature, the number of shares of ADIC common stock that you held between May 2, 2006 and August 22, 2006, and the reasons you object to the settlement. Mail the objection to the following three different places so that it is received no later than August 10, 2007: Court Clerk of the Court SUPERIOR COURT OF THE STATE OF WASHINGTON 516 3rd Avenue, Rm. E-609 Seattle, WA 98104 Counsel for Representative Plaintiff Ellen Gusikoff Stewart LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway Suite 1900 San Diego, CA 92101 Counsel for Defendants Ronald L. Berenstain PERKINS COIE LLP 1201 Third Avenue Suite 4800 Seattle, WA 98101-3099 THE COURT'S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don t have to. 11. When and Where Will the Court Decide Whether to Approve the Settlement? The Court will hold a fairness hearing at 9:00 a.m., on August 24, 2007, in the courtroom of the Honorable Greg Canova, Dept. 21, at the Superior Court of the State of Washington, King County, 516 3rd Avenue, Seattle, Washington. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Canova will listen to people who have asked to speak at the hearing. The Court may decide these issues at the hearing or take them under consideration. We do not know how long the Court s decision will take. Do not communicate directly with the Judge by telephone or letter. 12. Do I Have to Come to the Hearing? No. Representative Plaintiff s Counsel will answer questions Judge Canova may have. But, you are welcome to come at your own expense. If you send an objection, you don t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also retain your own lawyer to attend, but you are not required to do so. 4
13. May I Speak at the Hearing? You may ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter saying that it is your intention to appear in Carrigan v. Advanced Digital Information Corporation, Case No. 06-2- 16887-9SEA. Be sure to include your name, address, telephone number, and your signature. Your notice of intention to appear must be received no later than August 10, 2007, by the Clerk of the Court, Representative Plaintiff s Counsel, and Defendants counsel, at the three addresses listed in question 10. GETTING MORE INFORMATION 14. Are There More Details About the Settlement? This Notice summarizes the proposed settlement. More details are in the Stipulation of Settlement. You can get a copy of the Stipulation of Settlement during business hours at the Clerk of the Court, Superior Court of the State of Washington, King County, 516 3rd Avenue, Seattle, Washington 98104; or by writing to Rick Nelson, c/o Lerach Coughlin Stoia Geller Rudman & Robbins LLP, 655 West Broadway, Suite 1900, San Diego, CA 92101. 15. How Do I Get More Information? You can call 619/231-1058 or write to Rick Nelson, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, 655 West Broadway, Suite 1900, San Diego, CA 92101. DO NOT TELEPHONE THE COURT REGARDING THIS NOTICE SPECIAL NOTICE TO NOMINEES If you held shares of ADIC common stock between May 2, 2006 and August 22, 2006, as nominee for a beneficial owner, then, within ten (10 calendar days after you receive this Notice, you must either: (1 send a copy of this Notice by first-class mail to all such persons or entities; or (2 provide a list of the names and addresses of such persons or entities to the Defendants notice administrator: ADIC - Quantum Corporation c/o The Garden City Group, Inc. P.O. Box 91105 Seattle, WA 98111-9205 If you choose to mail the Notice yourself, you may obtain from the notice administrator (without cost to you as many additional copies of these documents as you will need to complete the mailing. Regardless of whether you choose to complete the mailing yourself or elect to have the mailing performed for you, you may obtain reimbursement for or advancement of reasonable administrative costs actually incurred in connection with forwarding the Notice and which would not have been incurred but for the obligation to forward the Notice, upon submission of appropriate documentation to the notice administrator. DATED: May 1, 2007 BY ORDER OF THE SUPERIOR COURT STATE OF WASHINGTON 5