UITED STATES DISTRICT COURT ORTHER DISTRICT OF CALIFORIA In re EXODUS COMMUICATIOS, IC. SECURITIES LITIGATIO This Document Relates To: ALL ACTIOS. Master File o. C-01-2661-MMC CLASS ACTIO PROOF OF CLAIM AD RELEASE I. GEERAL ISTRUCTIOS 1. To recover as a Member of the Settlement Class based on your claims in the action entitled In re Exodus Communications, Inc. Securities Litigation, Master File o. C-01-2661-MMC (the Litigation, you must complete and, on page 10 hereof, sign this of Claim and Release. If you fail to file a properly addressed (as set forth in paragraph 3 below of Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Settlement Fund created in connection with the proposed settlement of the Litigation. 2. Submission of this of Claim and Release, however, does not assure that you will share in the proceeds of settlement in the Litigation. 3. OU MUST MAIL OUR COMPLETED AD SIGED PROOF OF CLAIM AD RELEASE POSTMARKED O OR BEFORE OVEMBER 5, 2008, ADDRESSED AS FOLLOWS: Exodus Securities Litigation Claims Administrator c/o Gilardi & Co. LLC P.O. Box 8040 San Rafael, CA 94912-8040 If you are OT a Member of the Settlement Class (as defined in the otice of Pendency and Proposed Settlement of Class Action DO OT submit a of Claim and Release form. 4. If you are a Member of the Settlement Class, and you do not timely request exclusion, you are bound by the terms of any judgment entered in the Litigation, WHETHER OR OT OU SUBMIT A PROOF OF CLAIM AD RELEASE. II. CLAIMAT IDETIFICATIO 1. If you acquired Exodus securities and held the certificate(s in your name, you are the beneficial acquirer as well as the record acquirer. If, however, the certificate(s were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial acquirer and the third party is the record acquirer. 2. Use Part I of this form entitled Claimant Identification to identify each acquirer of record ( nominee, if different from the beneficial acquirer of Exodus securities that forms the basis of this claim. THIS CLAIM MUST BE FILED B THE ACTUAL BEEFICIAL ACQUIRER OR ACQUIRERS, OR THE LEGAL REPRESETATIVE OF SUCH ACQUIRER OR ACQUIRERS OF THE EXODUS SECURITIES UPO WHICH THIS CLAIM IS BASED. 3. All joint acquirers must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of Persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The Social (or taxpayer identification number and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim. III. CLAIM FORM 1. Use Part II of this form entitled Schedule of Transactions in Exodus Securities to supply all required details of your transaction(s in Exodus securities. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
2. On the schedules, provide all of the requested information with respect to all of your acquisitions and all of your sales of Exodus securities that took place at any time between April 20, 2000 and September 25, 2001 (the Settlement Class Period, whether such transactions resulted in a profit or a loss. Failure to report all such transactions may result in the rejection of your claim. 3. List each transaction in the Settlement Class Period separately and in chronological order, by trade date, beginning with the earliest. ou must accurately provide the month, day and year of each transaction you list. 4. Broker confirmations or other documentation of your transactions in Exodus securities should be attached to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim. 5. OTICE REGARDIG ELECTROIC FILES: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All claimants MUST submit a manually signed paper of Claim form whether or not they also submit electronic copies. If you wish to file your claim electronically, you must contact the Claims Administrator at 1-(877 581-3211 or visit their website at www.gilardi.com to obtain the required file layout. o electronic files will be considered to have been properly submitted unless the Claims Administrator issues to the claimant a written acknowledgment of receipt and acceptance of electronically submitted data. 2
Official Office Use Only UITED STATES DISTRICT COURT ORTHER DISTRICT OF CALIFORIA In re Exodus Communications, Inc. Securities Litigation Master File o. C-01-2661-MMC PROOF OF CLAIM AD RELEASE Please Type or Print in the Boxes Below Do OT use Red Ink, Pencil, or Staples Must be Postmarked o Later Than ovember 5, 2008 EXOD1 PART I: CLAIMAT IDETIFICATIO Last ame (Beneficial Owner First ame (Beneficial Owner Last ame (Co-Beneficial Owner First ame (Co-Beneficial Owner IRA Trust Joint Tenancy UTMA/UGMA Individual Other Company ame (Beneficial Owner - If Claimant is not an Individual or Custodian ame if an IRA (specify Trustee/Asset Manager/ominee/Record Owner s ame (if Different from Beneficial Owner Listed Above Account#/Fund# (ot ecessary for Individual Filers Date of Trust Social umber Telephone umber (Work or Taxpayer Identification umber Telephone umber (Home Email Address Address MAILIG IFORMATIO Address City State Zip Code Foreign Province Foreign Zip Code Foreign Country ame/abbreviation FOR CLAIMS PROCESSIG OL PB PC *EXOD1THIRD* D IHI S TI 3 ICI OTHER OPT MRG BOTH EMP DC L1 L2
PART II. SCHEDULE OF TRASACTIOS I EXODUS SECURITIES COMMO STOCK ALL TRASACTIOS MUST BE DISPLAED AS PRE-SPLIT SHARES A. umber of shares of Exodus common stock held at the close of trading on April 19, 2000: B. Acquisitions of Exodus common stock (April 20, 2000 September 25, 2001, inclusive: ACQUISITIOS Trade Date(s of Common Stock (List Chronologically umber of Shares of Common Stock Acquired Total Acquisition Price (excluding commissions, taxes, and fees M M D D 1. $ 2. $ 3. $ IMPORTAT: (i If you received shares through an acquisition or merger, please identify the company acquired: (ii Identify by number listed above all acquisitions in which you covered a short sale : C. Acquisitions of Exodus common stock on or about February 5, 2001 at $18.50 in the Public Offering: ACQUISITIOS Trade Date(s of Common Stock (List Chronologically umber of Shares of Common Stock Acquired Total Acquisition Price (excluding commissions, taxes, and fees M M D D 1. $ 2. $ 3. $ D. Sales of Exodus common stock (April 20, 2000 September 25, 2001, inclusive: SALES Trade Date(s of Common Stock (List Chronologically umber of Shares of Common Stock Sold Total Sales Price (excluding commissions, taxes, and fees M M D D 1. $ 2. $ 3. $ E. umber of shares of Exodus common stock held at the close of trading on September 25, 2001: PLEASE OTE: OUR ACQUISITIOS OF COMMO STOCK AD 5.25% OTES WILL BE TREATED AS ACQUIRED PURSUAT TO OR TRACEABLE TO THE FEBRUAR 2001 PUBLIC OFFERIG OL IF DOCUMETATIO IS PROVIDED TO SHOW SUCH ACQUISITIOS WERE I FACT ACQUIRED PURSUAT TO OR TRACEABLE TO THE OFFERIG. If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 10. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *EXOD1FOURTH* 4
PART II. SCHEDULE OF TRASACTIOS I EXODUS SECURITIES OTES (US DOLLARS PLEASE REFERECE LEGED BELOW F. Face amount of Exodus notes held at the close of trading on April 19, 2000: G. Acquisitions of Exodus notes (April 20, 2000 September 25, 2001, inclusive: ACQUISITIOS Trade Date Month/Day/ear Face Amount of otes Acquired Aggregate Costs (excluding commissions, taxes, and fees M M D D 1. $ 2. $ 3. $ H. 5.25% Convertible Subordinated otes acquired on or about February 5, 2001 for $100 face value in the Public Offering: ACQUISITIOS Aggregate Costs Trade Date Face Amount of (excluding commissions, Month/Day/ear otes Acquired taxes, and fees M M D D 1. $ 2. $ 3. $ I. Sales of Exodus notes (April 20, 2000 September 25, 2001, inclusive: SALES Trade Date Month/Day/ear Face Amount of otes Sold Aggregate Proceeds (excluding commissions, taxes, and fees M M D D 1. $ 2. $ 3. $ J. Face amount of Exodus notes held at the close of trading on September 25, 2001: US Dollar otes C. 5.25% Convertible Subordinated otes Due February 15, 2008 F. 10.75% otes Due December 15, 2009 D. 5.25% Convertible Subordinated otes Due February 15, 2008 acquired in the public offering If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 10. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *EXOD1FIFTH* 5 G. 11.625% otes Due July 15, 2010 H. 5.0% otes Due March 15, 2006 E. 4.75% otes Due July 15, 2008 I. 11.25% otes Due July 1, 2008
PART II. SCHEDULE OF TRASACTIOS I EXODUS SECURITIES K. Face amount of Exodus Euro notes held at the close of trading on April 19, 2000: OTES (EUROS PLEASE REFERECE LEGED BELOW L. Acquisitions of Exodus Euro notes (April 20, 2000 September 25, 2001, inclusive: ACUISITIOS Trade Date Month/Day/ear Face Amount of otes Acquired Aggregate Costs (excluding commission, taxes, and fees 1. 2. 3. 4. 5. M M D D (Euros M. Sales of Exodus Euro notes (April 20, 2000 September 25, 2001, inclusive: SALES Trade Date Month/Day/ear Face Amount of otes Sold Aggregate Proceeds (excluding commission, taxes, and fees 1. 2. 3. 4. 5. M M D D (Euros. Face amount of Exodus Euro notes held at the close of trading on September 25, 2001: Euro otes J. 10.75% Euro otes Due December 15, 2009 K. 11.375% otes Due July 15, 2008 If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 10. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *EXOD1SIXTH* 6
PART II. SCHEDULE OF TRASACTIOS I EXODUS SECURITIES CALL OPTIOS ALL TRASACTIOS MUST BE DISPLAED AS PRE-SPLIT COTRACT AD STRIKE PRICE O. I made the following acquisitions, purchases or repurchases of call options on Exodus during the period from April 20, 2000 through September 25, 2001, inclusive: Date(s of Acquisition, Purchase or Repurchase (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount P. I made the following sales or written call options on Exodus during the period from April 20, 2000 through ovember 5, 2008, inclusive: Date(s of Sales or Written (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 10. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *EXOD1FIFTH* 7
PART II. SCHEDULE OF TRASACTIOS I EXODUS SECURITIES PUT OPTIOS ALL TRASACTIOS MUST BE DISPLAED AS PRE-SPLIT COTRACT AD STRIKE PRICE Q. I made the following sales or written put options on Exodus during the period from April 20, 2000 through September 25, 2001, inclusive: Date(s of Sales or Written (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount R. I made the following acquisitions, purchases or repurchases of put options on Exodus during the period from April 20, 2000 through ovember 5, 2008, inclusive: Date(s of Acquisition, Purchase or Repurchase (List Chronologically umber of Expiration Date M M D D Contracts (Month/ear Strike Price Principal Amount If you require additional space, attach extra schedules in the same format as above. Sign and print your name on each additional page. OU MUST READ AD SIG THE RELEASE O PAGE 10. FAILURE TO SIG THE RELEASE MA RESULT I A DELA I PROCESSIG OR THE REJECTIO OF OUR CLAIM. *EXOD1SIXTH* 8
IV. SUBMISSIO TO JURISDICTIO OF COURT AD ACKOWLEDGMETS I (We submit this of Claim and Release under the terms of the Stipulation of Settlement described in the otice. I (We also submit to the jurisdiction of the United States District Court for the orthern District of California, with respect to my (our claim as a Settlement Class Member and for purposes of enforcing the release set forth herein. I (We further acknowledge that I am (we are bound by and subject to the terms of any judgment that may be entered in the Litigation. I (We agree to furnish additional information to the Claims Administrator to support this claim if required to do so. I (We have not submitted any other claim covering the same acquisitions or sales of Exodus securities during the Settlement Class Period and know of no other Person having done so on my (our behalf. V. DEFIITIOS 1. Defendants means the Individual Defendants and the Underwriter Defendants. 2. Individual Defendants means Ellen Hancock, R. Marshall Case, Sam Mohamad, Dick Stoltz, Herbert Dollahite, Adam Wegner, Beverly Brown and William eack. 3. Underwriter Defendants means Goldman, Sachs & Co., Merrill Lynch & Co., Morgan Stanley Dean Witter, and J.P. Morgan. VI. RELEASE 1. I (We hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release and discharge from the Released Claims each and all of the Defendants and each and all of their Related Parties, defined as each of a Defendant s past or present successors, parents, subsidiaries, and affiliates, and their respective directors, officers, employees, partners, insurers, co-insurers, reinsurers, controlling shareholders, attorneys, accountants, auditors, personal or legal representatives, predecessors, assigns, spouses, heirs, any members of any Individual Defendant s immediate family, or any trust of which any Individual Defendant is the settlor or which is for the benefit of any Individual Defendant s family. 2. Released Claims collectively means and includes any and all claims or causes of action including Unknown Claims (as defined below, debts, suits, rights of action, dues, sums of money, accounts, bonds, bills, covenants, contracts, controversies, agreements, promises, judgments, variances, executions, obligations, demands, rights, liabilities, damages, losses, fees, and costs of any kind, nature and/or description whatsoever, matured or unmatured, liquidated or unliquidated, accrued or unaccrued, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not asserted, threatened, alleged or litigated, at law, equity or otherwise, including, without limitation, claims for contribution or indemnification, or for costs, expenses (including, without limitation, amounts paid in settlement and attorney fees, claims for negligence, gross negligence, breach of duty of care and/or breach of duty of loyalty, misrepresentation, fraud, breach of fiduciary duty, or violations of any federal, state or local statutes, common law, rules or regulations, that now exist or heretofore existed, that have been or could have been asserted in the Litigation or any other forum against the Released Persons, whether directly, indirectly, representatively or derivatively, or in any other capacity, which arise out of, are based upon or relate to, or are in connection with (i the claims asserted in the Litigation; (ii the purchase, or purchase and sale, or other acquisition, disposition or holding of Exodus securities during the Settlement Class Period; (iii any of the facts, circumstances, claims, transactions, events, occurrences, acts, disclosures, statements, representations, omissions, or failures to act, or matters of any kind or nature whatsoever, related directly or indirectly to the subject matters referred to, set forth in, or the facts or claims for relief which were or could have been alleged or litigated in the Litigation; and (iv this settlement or the entry into it, except for breach of this settlement. 3. Unknown Claims means any Released Claims which the Lead Plaintiffs, Representative Plaintiffs, or any Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of the Released Persons which, if known by him, her or it, might have affected his, her or its settlement with and release of the Released Persons, or might have affected his, her or its decision with respect to this settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date, the Lead Plaintiffs and Representative Plaintiffs shall expressly and each of the Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived the provisions, rights and benefits of California Civil Code 1542, which provides: A GEERAL RELEASE DOES OT EXTED TO CLAIMS WHICH THE CREDITOR DOES OT KOW OR SUSPECT TO EXIST I HIS OR HER FAVOR AT THE TIME OF EXECUTIG THE RELEASE, WHICH IF KOW B HIM OR HER MUST HAVE MATERIALL AFFECTED HIS OR HER SETTLEMET WITH THE DEBTOR. The Lead Plaintiffs and Representative Plaintiffs shall expressly and each of the Settlement Class Members shall be deemed to have, and by operation of the Judgment shall have, expressly waived any and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to California Civil Code 1542. The Lead Plaintiffs, the Representative Plaintiffs, and Settlement Class Members may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of the Released Claims, but the Lead Plaintiffs and Representative Plaintiffs shall expressly and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, disclosed or undisclosed, contingent or non-contingent, liquidated or unliquidated, matured or unmatured, accrued or unaccrued, apparent or unapparent, whether or not concealed or hidden, which now exist, or heretofore have existed, or arise hereafter upon any theory of law or equity now existing or coming into existence in the future (including, but not limited to, any claims arising under federal, state or foreign statutory or common law, including the federal securities laws and any state statutory disclosure law, claims relating to alleged fraud, breach of any duty or rule, negligence or otherwise, intentional conduct, actions with and without malice, and any claims related to alleged unjust enrichment or self-dealing, and without regard to the subsequent discovery or existence of such different or additional facts. The Lead Plaintiffs and Representative Plaintiffs acknowledge, and the Settlement Class Members shall be deemed by operation of the Judgment to have acknowledged, that the foregoing waiver was separately bargained for and a key element of the settlement of which this release is a part. 4. This release shall be of no force or effect unless and until the Court approves the Stipulation of Settlement and the Stipulation of Settlement becomes effective on the Effective Date (as defined in the Stipulation. 5. I (We hereby warrant and represent that I (we have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof. 6. I (We hereby warrant and represent that I (we have included information about all of my (our transactions in Exodus securities that occurred during the Settlement Class Period as well as the number of shares of Exodus securities held by me (us at the opening of trading on April 20, 2000, and at the close of trading on September 25, 2001. *EXOD1SEVETH* 9
First ame SUBSTITUTE FORM W-9 PART I. Request for Taxpayer Identification umber ( TI and Certification I. Last ame Check appropriate box: Individual/Sole Proprietor IRA Trust Corporation Partnership Pension Plan Other Enter TI on the appropriate line. (specify For individuals, this is your Social umber ( SS. However, for a resident alien, sole proprietor, or disregarded entity, see Part 1 of the enclosed W-9 instructions. For sole proprietors, you must show your individual name, but you may also enter your business or doing business as name. ou may enter either your SS or your Employer Identification umber ( EI. For other entities, it is your EI. Social umber Employer Identification umber or PART II. For Payees Exempt from Backup Withholding If you are exempt from backup withholding, enter your correct TI in Part I and write exempt on the following line: PART III. Certification UDER THE PEALT OF PERJUR, I (WE CERTIF THAT: (1 The number shown on this form is my correct TI; and (2 I (We certify that I am (we are OT subject to backup withholding under the provisions of Section 3406(a(1(C of the Internal Revenue Code because: (a I am (we are exempt from backup withholding; or (b I (we have not been notified by the Internal Revenue Service that I am (we are subject to backup withholding as a result of a failure to report all interest or dividends; or (c the Internal Revenue Service has notified me (us that I am (we are no longer subject to backup withholding. OTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding, you must cross out item 2 above. SEE ECLOSED FORM W-9 ISTRUCTIOS The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding. I (We declare under penalty of perjury under the laws of the United States of America that all of the foregoing information supplied on this of Claim and Release form by the undersigned is true and correct. Executed this day of in (Month/ear (City/State/Country (Sign your name here (Sign your name here (Type or print your name here (Type or print your name here (Capacity of person(s signing, e.g., Beneficial Acquirer, Executor or Administrator ACCURATE CLAIMS PROCESSIG TAKES A SIGIFICAT AMOUT OF TIME. THAK OU FOR OUR PATIECE. Reminder Checklist: 1. Please sign the above release and declaration. 2. Remember to attach supporting documentation, if available. 3. Do not send original stock certificates. 4. Keep a copy of your claim form for your records. (Capacity of person(s signing, e.g., Beneficial Acquirer, Executor or Administrator 5. If you desire an acknowledgment of receipt of your claim form please send it Certified Mail, Return Receipt Requested. 6. If you move, please send the Claims Administrator your new address. *EXOD1EIGHTH* 10