Beruflich Dokumente
Kultur Dokumente
by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.11.05
08:02:27 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert
10-11-04 SEC v BAC (1:09-cv -6829) – Correspondence with the Office of Fair Fund
Administrator in Effort to Gain Access to Valid and Effectual Court Records, and Plan
of Distribution (Dkt #110)
The records, which were posted online by the office of the Administrator, were deemed invalid, since they
failed to include attestation/authentication by the Clerk of the Court.
The following correspondence was initiated in effort to gain access, pursuant to First Amendment rights, to
valid and effectual court records, including the attestation/authentication by the Clerk (NEFs).
Nov 4, 2010
RE: SEC v. BAC Case No.: 09 Civ. 6829 (JSR) - Fair Fund Distribution
Dear Sir/Madam:
For a scholarly paper regarding the caption, referenced above, I request copy of the February 22, 2010 Final Consent
Judgment entered by the Hon Jed Rakoff (together with its authentication record - the NEF - Notice of Electronic Filing),
which established the Fair Fund Distribution, administered by you.
Sincerely,
Mr. Zernik,
Attached is the Plan of Distribution ordered by the Honorable Jed Rakoff. On page 3, line 8, Rust Consulting is
referenced as the Distribution for the Fair Fund Distribution.
Thank you,
z Page 2/2 November 5, 2010
Shawn Rodgers
Customer Service Representative
SEC v BAC Fair Fund Distribution Agent
Nov 4, 2010
RE: SEC v. BAC Case No.: 09 Civ. 6829 (JSR) - Fair Fund Distribution
Dear Sir/Madam:
For a scholarly paper regarding the caption, referenced above, I request copy of the February 22, 2010 Final Consent
Judgment entered by the Hon Jed Rakoff (together with its authentication record - the NEF - Notice of Electronic Filing),
which established the Fair Fund Distribution, administered by you.
Sincerely,
This message (including any attachments) may contain confidential or otherwise privileged information and is intended only for the individual(s) to
which it is addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be
guaranteed to be secured or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.
The sender therefore does not accept liability for any errors or omissions in the contents of this message or that arise as a result of e-mail
transmission. If verification is required please request a hard-copy version from the sender.
Attached: Rakoff+Ordered+Plan+of+Distribution.pdf;
Dear Ms Rodgers:
Thank you for the quick response and for the record, which you provided with it - SEC v BAC (1:09-CV-06829) Dkt
#110 PLAN OF DISTRIBUTION, certified by the Hon Jed Rakoff.
However, to make it a judicial record of "full faith and credit" and valid and effectual court order, it should come with
an attestation/authentication record (NEF - Notice of Electronic Filing) by the Clerk of the respective court.
Could you please also provide the NEF pertaining to Dkt #110 to make the record, which you provided, a complete,
valid, and effectual judicial record?
Plaintiff,
Defendant.
PLAN OF DISTRIBUTION
A. Introduction
Amended Complaint on Octoher 19,2009 in the civil action oq Civ. 6829 (JSR) alleging that
the defendant Bank of Americ'l Corporation ("BAC") violated ~~ction 14 of the Securities
Exchange Act of 1934 ("Excl1dnge Act"), and Rules 14a-3 and 4a-9 thereunder, as a result
1
of its failure to adequately dl')l' lose information, in connection II ith the proxy solicitation for
the acquisition of Merrill Lyncll & Co., Inc. ("Merrill"), concenllng Merrill's payment of
year-cnd bonuses. The Com 1: i '>sion subsequently filed a Comp !:tint on January 12, 2010 in
the civil action 10 Civ. 0215 (J SR) alleging that BAC violated "-c'ction 14 of the Exchange
Act and Rule 14a-9 thereundlT as a result of its failure to adequ:!1 ely disclose, in connection
with the proxy solicitation for the acquisition of Merrill, inforn1:ltion concerning Merrill's
losses in the fourth quarter oJ}008 (docket numbers 09 Civ. 6g2\) (JSR) and 10 Civ. 0215
Judgment"), finds BAC liabIt h'r disgorgement of $1 and a CiVll penalty in the amount of
Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 2 of 19
$150,000,000 pursuant to Section 2l(d)(3) of the Exchange Act and provides for the
Final Judgment, the distribution fund is to be distributed pursuant to the Fair Fund provisions
of Section 308(a) ofthe Sarbanes-Oxley Act of2002. The distribution shall be made in
accordance with the following principles: (a) the entire distribution, other than administrative
costs, will be made to current and/or former BAC shareholders who were affected by the
alleged non-disclosures that are the subjects ofthe Actions; (b) no distribution will be made
to BAC shareholders with respect to any Merrill shares that were exchanged for BAC shares
in the merger between BAC and Merrill on January 1,2009; and (c) no distribution will be
made to BAC or Merrill officers or directors and their related parties who had access to the
3. By Order dated April 5, 2010, the Court appointed Rust Consulting, Inc. as
B. Definitions
4. "Approved Claim" shall mean the final amount ofa Potentially Eligible
Claimant's claim as expressed in the number of shares ofBAC common stock held that is
5. "Claims Filing Deadline" shall mean the date established in accordance with
this Plan of Distribution by which a Potentially Eligible Claimant's Proofof Claim Form
must be filed to avoid the denial of any right ofthe Potentially Eligible Claimant to
participate in any distribution from the Net Distribution Fund. The Claims Filing Deadline
shall be one hundred and twenty (120) days after Court approval of this Plan of Distribution.
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6. "Claims Determination Date" shall mean the date on which the Distribution
Agent is to reach its determination concerning the validity of each Potentially Eligible
Claimant's claim. Except as otherwise provided herein, the Claims Determination Date shall
validity ofthe Potentially Eligible Claimant's claim which may come in the form of a
responsible for administering the Distribution Fund in accordance with the terms ofthis Plan
9. "Distribution Fund" shall mean the money paid into the Court Registry
Investment System ("CRIS") by BAC pursuant to the terms of the Final Judgment, plus
accumulated interest and earnings thereon, plus any additions thereto as may be provided by
10. "Distribution Fund Escrow Fund" shall mean the cash or cash-equivalent of
the Distribution Fund, which shall be held in escrow by the Distribution Agent in an account
or accounts established by the Distribution Agent for the purpose of effectuating this Plan of
Distribution. The Distribution Fund Escrow Fund shall include any accumulated interest and
earnings thereon, less costs, fees, and other expenses paid or reimbursed pursuant to this Plan
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11. "Eligible Claimants" shall mean those Potentially Eligible Claimants filing a
Proof of Claim Form with the Distribution Agent on or before the Claims Filing Deadline
who are finally determined by the Distribution Agent to be eligible for a distribution from the
Distribution Fund as provided herein as a result of their holding of the Eligible Securities as
a. Any current or former BAC or Merrill officer or director or any of their past
or present affiliates (or any of their affiliates, assigns, creditors (provided that such
entity shall only be excluded in its capacity as such without regard to whether it may
controlled entities) who had access to the allegedly undisclosed information that is the
Gregory Curl, Joe Price, Neil Cotty, Craig Rosato, Jeffrey Brown, John Steele
William Barnet, Frank Bramble, John Collins, Gary Countryman, Tommy Franks,
Charles Gifford, Walter Massey, Thomas May, Thomas Ryan, O. Temple Sloan,
Robert Tillman, Monica Lozano, Patricia Mitchell, Meredith Spangler and Jackie
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 5 of 19
Christopher Hayward, Nancy Meloth, Eric Heaton, David Moser, Ed Moriarty and
Noel Donohoe.
b. Any Person who assigned that Person's right to obtain a recovery in the
Actions; and
provided, however, this provision shall not be construed to exclude those Persons
12. "Eligible Claim Amount" is the number of shares ofBAC common stock
however, no Eligible Claim Amount will be awarded with respect to BAC shares to the
extent that such shareholders received those shares in exchange for Merrill shares in the
13. "Eligible Security" shall refer to the common stock security registered with
14. "Final Determination Notice" shall mean the Distribution Agent's written
15. "Net Distribution Fund" shall mean the Distribution Fund, plus earned
interest, less any amounts expended or to be expended for administering the Distribution
Fund (e.g., reasonable fees and expenses incurred or to be incurred in administering this Plan
of Distribution, Court fees on income earned while the Fund is held with the eRIS, and the
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16. "Notice Packet" shall mean all the materials to be provided to Potentially
Eligible Claimants known to the Distribution Agent or to those who request such, including a
copy ofthe Notice and a ProofofClaim Form (together with instructions for completion of
17. "Notice Plan for Distribution" shall mean the notice given to Potentially
Eligible Claimants oftheir potential right to participate in the distribution ofthe Distribution
Fund and their obligation to file a Proof of Claim Form in order to participate. The
Distribution Agent shall design the Notice Plan for Distribution, consistent with the
provisions of this Plan of Distribution, and such Notice shall include, at a minimum, the
name of the Eligible Security, means of obtaining a Notice Packet (including ProofofClaim
Forms), instructions for submitting ProofofClaim Forms, and the Claims Filing Deadline.
The Notice Plan for Distribution shall advise Potentially Eligible Claimants that by
participating in the distribution ofthe Distribution Fund, they will not be releasing any rights
or claims they may have against any party, including, without limitation, BAC, Merrill
and/or their past and present directors, officers, advisors and agents.
18. "Person" shall mean natural individuals as well as legal entities including
19. "Plan of Distribution" shall mean this Plan of Distribution in the form
20. "Potentially Eligible Claimants" shall mean those Persons identified by the
Distribution Agent as having a possible claim to the Distribution Fund under this Plan of
Distribution, or Persons asserting that they have possible claims to the Distribution Fund
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21. "Proof of Claim Form" shall mean the form designed by the Distribution
Agent in accordance with this Plan of Distribution for the filing of a proof of a Potentially
Eligible Claimant's claim, which form shall require, at a minimum, sufficient documentation
reflecting the Potentially Eligible Claimant's holding position of all Eligible Securities, the
complete name of the beneficial owner, and the Tax Identification Number of the Potentially
Eligible Claimant.
22. "Recovery Date" for the purposes ofthis Plan of Distribution shall mean
23. "Tax Administrator" shall mean Damasco & Associates LLP, the firm
C. Rights and Responsibilities of the Distribution Agent, and the Tax Administrator
The Distribution Agent and the Tax Administrator shall have the following rights,
24. It is the Distribution Agent's responsibility, after consultation with the SEC,
25. The Distribution Agent, on behalf of the Distribution Fund, shall take all
necessary steps to enable the Distribution Fund to be a "qualified settlement fund" within the
meaning of the regulations issued under section 468B(g) of the Internal Revenue Code of
1986, as amended.
26. The Tax Administrator shall administer the tax obligations of the Distribution
Fund including, but not limited to: (A) obtaining a taxpayer identification number; (B) timely
filing applicable federa~ state, and local tax returns and paying taxes reported thereon; and
distributions from the Distribution Fund. The Distribution Fund constitutes a Qualified
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 8 of 19
Settlement Fund under Section 468B(g) ofthe Internal Revenue Code, 26 U.S.c. §468B(g),
27. The Distribution Agent is entitled to pay from the Distribution Fund Escrow
Fund all reasonable costs, fees, and other expenses (including such fees as are incurred by
any attorney, agent, consultant or third parties retained by the Distribution Agent in
furtherance of its duties hereunder (collectively, "Agents")). Within twenty (20) days
following the conclusion of each month, the Distribution Agent shall provide the
Commission a detailed statement of the fees and expenses incurred by the Distribution Agent
and its Agents during such month ("Monthly Statement"). Unless the Commission disputes
in writing any fee or expense within ten (10) days following receipt of each respective
Monthly Statement, the Distribution Agent may pay itself and its Agents from the
Distribution Fund Escrow Fund an amount equal to 90% of the fees and 90% of the expenses
reflected in the respective Monthly Statement. Upon the submission to the Commission of
the list of Eligible Claimants, the Distribution Agent shall be entitled to pay itselfthe
28. The Distribution Agent, and its Agents, are entitled to rely on all outstanding
rules oflaw and Court Orders, and shall not be liable to anyone for any action taken or
omitted by them in connection with this Plan of Distribution, except upon a finding by the
Court that they acted or failed to act in bad faith, or acted or failed to act in reckless disregard
of their duties under this Plan of Distribution. The Distribution Agent is authorized to enter
in the administration of the Distribution Fund. In connection with such agreements, the
Institutions shall be deemed to be "Agents" of the Distribution Agent under this Plan of
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 9 of 19
Claimants asserting a claim to a distribution under this Plan of Distribution, and shall not be
than as a Potentially Eligible Claimant. The Court retains exclusive and continuing
jurisdiction over all claims arising in connection with this Plan of Distribution, including, but
not limited to, any claims against the Distribution Agent and its Agents, asserting liability for
violation of any duty imposed by this Plan of Distribution or other Court Order.
29. The Distribution Fund shall indemnifY the Distribution Agent and its Agents
(each an "Indemnified Party") and hold them harmless against any losses, claims, damages or
liabilities in connection with any action taken or omitted by them in connection with this
Plan of Distribution, unless such losses, claims, damages or liabilities arise solely out ofbad
faith or reckless disregard of such Indemnified Party's duties under this Plan of Distribution.
Further, the Distribution Fund shall advance amounts to reimburse any Indemnified Party for
all reasonable expenses (including reasonable counsel fees and expenses) incurred in
connection with defending against any losses, claims, damages or liabilities in connection
with any action taken or omitted by them in connection with this Plan of Distribution, unless
such losses, claims, damages or liabilities arise solely out ofbad faith or reckless disregard of
such Indemnified Party's duties under this Plan of Distribution. Any Indemnified Party shall
with the foregoing so long as a final, unstayed, unappealable detennination has not been
made by a court of competent trial and/or appellate jurisdiction that such losses, claims,
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 10 of 19
damages or liabilities arise solely out of bad faith by such Indemnified Party or reckless
disregard by such Indemnified Party of its duties under this Plan of Distribution.
30. Within thirty (30) days after the close of each calendar quarter, the
Distribution Agent shall submit to the Commission an accounting of all the funds in the
Distribution Fund Escrow Fund. Such an accounting shall be sufficient to inform the
Commission of the activities and status of the Distribution Fund Escrow Fund during that
calendar quarter, and shall specify, at a minimum, the location of the account comprising the
Distribution Fund Escrow Fund, the value of the account, any funds transferred between the
Distribution Fund Escrow Fund and CRIS accounts, funds distributed to Eligible Claimants
under this Plan of Distribution, and any funds expended from the Distribution Fund Escrow
Fund to satisfy any fees, taxes, costs and other expenses incurred in the administration of the
31. The Distribution Agent may be removed at any time by the Court, and be
replaced by a successor. In the event the Distribution Agent decides to resign, the
Distribution Agent will fITst give written notice to the Commission and the Court of such
intention, and such resignation shall not be effective until the Commission has appointed a
successor. The Distribution Agent shall then follow such instructions as such successor, the
Commission, or the Court gives it concerning turning over custody, control and management
ofthe Distribution Fund Escrow Fund, and other property collected pursuant to the Plan of
Distribution.
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33. The Distribution Agent shall distribute the Net Distnbution Fund to the
Eligible Claimants pro rata based upon the ratio ofthe Approved Claim of each Eligible
34. Ifthere are remaining funds after the Distribution Agent makes all
with a final plan of residual distribution to be proposed by the Commission. After all
reasonable efforts have been made to distribute the funds to the Eligible Claimants the
35. Approval of this Plan of Distribution by the Court authorizes the Clerk ofthe
a. Retrieve from the CRIS account those monies deposited, together with
b. Deposit those monies into the Distribution Fund Escrow Fund, which
account.
36. The Distribution Agent shall forthwith invest and reinvest the assets in the
Distribution Fund Escrow Fund with a view toward: first, conserving and preserving the
principal; and second, maximizing investment return. The Distribution Agent may invest and
reinvest the assets of the Distribution Fund Escrow Fund only in one or more of the
following investments:
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37. The Distribution Agent shall oversee the administration of the claims,
procedures and distributions as provided in this Plan of Distribution. The Distribution Agent
shall review the claims of Potentially Eligible Claimants and make determinations under the
monies and the amount of money to be distributed from the Distribution Fund to Eligible
38. Any claim asserted by a Potentially Eligible Claimant shall be in writing and
shall provide adequate documentary evidence to substantiate the claim, including all
including but not limited to available account statements and as noted in the instruction with
39. All claim forms must be fully executed by the Potentially Eligible Claimant
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40. No claim from a Potentially Eligible Claimant in an amount less than $10.00
will be paid. The Distribution Agent may aggregate the accounts held by an individual or
entity to reach the minimum distribution requirement in accordance with the following
aggregation rules:
b. The Distribution Agent in its exclusive discretion may, but shall not
41. All determinations of the Distribution Agent that are made in accordance with
the provisions ofthis Plan of Distribution shall be [mal, unless otherwise provided in this
Plan of Distribution.
42. To carry out the purposes of this Plan of Distribution, the Distribution Agent
is authorized to make such adjustments to the Plan of Distribution consistent with the
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 14 of 19
purposes ofthe Plan of Distribution as may be agreed upon between the Distribution Agent
Eligible Claimants from a review of supporting documentation and any other sources
available to it.
44. After approval of this Plan of Distribution, the Distribution Agent shall:
(A) establish a dedicated Distribution Fund website to post the Notice Packets in
downloadable form, the Plan of Distribution, answers to frequently asked questions, and
other relevant information; (B) publish a copy ofthe Summary Distribution Notice at least
once a week for a period oftwo (2) consecutive weeks in the national editions of Investor's
Business Daily and The Wall Street Journal; and (C) publish a press release over a new wire
agency summarizing the distribution notice. The Distribution Agent may also give additional
notice ofthe distribution process in such manner as the Distribution Agent, in its sole
45. Within forty-five (45) days following the entry by the Court ofan Order
approving this Plan of Distribution, the Distribution Agent shall cause to be mailed by United
States First Class Mail a Claims Packet consisting ofthe Distribution Plan Notice and a Proof
of Claim Fonn together with instructions for completion of the ProofofClaim Fonn to those
46. The Distribution Agent shall promptly provide a Notice Packet to any
Potentially Eligible Claimant who so requests in writing, phone call or email as set forth in
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 15 of 19
47. To avoid being precluded from asserting a claim, on or before the Claims
Filing Deadline each Potentially Eligible Claimant must submit to the Distribution Agent a
properly completed Proofof Claim Form reflecting such Potentially Eligible Claimant's
claim, together with all supporting documentation, and any aggregation of accounts the
Agent in its sole discretion, any Potentially Eligible Claimant that does not file a properly
completed and documented Proofof Claim Form so that such completed form and
documentation are postmarked on or before the Claims Filing Deadline shall be precluded
from asserting a claim against the Distribution Agent or the Distribution Fund.
48. The Distribution Agent shall review each ProofofClaim Form to determine
its eligibility and the amount of such Potentially Eligible Claimant's Eligible Loss Amount,
together with any additional conclusions ofthe Distribution Agent on other issues relevant to
the claim. Each Potentially Eligible Claimant shall have the burden ofproofto establish its
eligibility and the amount of its claims, and that it qualifies as an Eligible Claimant, and the
Distribution Agent shall have the right to request, and the Potentially Eligible Claimant shall
have the burden ofproviding to the Distribution Agent, any additional information and/or
documentation requested. A Potentially Eligible Claimant will have twenty-one (21) days to
respond to a request from the Distribution Agent to cure a deficient aspect of his or her claim.
The Claims Determination Date, in generaL shall be ninety (90) days after the Claims Filing
Deadline.
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49. Any Potentially Eligible Claimant that is dissatisfied with the Distribution
Agent's Determination Notice concerning its claim may request reconsideration of the
Determination Notice by filing a written request for reconsideration with the Distribution
Agent. Such written request must be mailed by the Potentially Eligible Claimant so that it is
postmarked no later than twenty-one (21) days after the date on the Distribution Agent's
Determination Notice to the Potentially Eligible Claimant. Such request for reconsideration
shall be no longer than two (2) double-spaced pages plus exhibits, and shall clearly explain
the Potentially Eligible Claimant's disagreement with the Determination Notice and shall
include copies of all relevant documentation not previously provided to the Distribution
Agent. A failure to properly and timely request reconsideration of the Determination Notice
shall permanently waive the Potentially Eligible Claimant's right to object or contest the
Determination Notice. The Distribution Agent shall respond to such request for
reconsideration by mailing by United States First Class Mail a Final Determination Notice to
determination concerning its claim may appeal such decision. An appeal must be mailed to
the Distribution Agent which shall forward all appeals to the Court for final determination,
with copies to the Commission. Such written notice of appeal must be postmarked by the
appealing Potentially Eligible Claimant no later than twenty-one (21) days after the date on
which the Final Determination Notice was mailed to the Potentially Eligible Claimant by the
Distribution Agent. The notice of appeal shall be no longer than two (2) double-spaced
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 17 of 19
pages plus exhibits, and shall clearly explain the Potentially Eligible Claimant's
disagreement with the Final Determination Notice and shall include copies of all previously
submitted documentation to the Distribution Agent. A failure to properly and timely appeal a
fmal determination shall permanently waive the Potentially Eligible Claimant's right to
object to or contest that Final Determination Notice. The Distribution Agent shall have the
right to file with the Court a written response to any such appeal, with copies to the appealing
Potentially Eligible Claimant. The Potentially Eligible Claimant shall have the burden of
51. The Court will review the documentation provided by the Potentially Eligible
Claimant and the Distribution Agent. At that time, the Court may make a final determination
or may set the matter for hearing and at the conclusion ofthe hearing make a final
determination. A final determination by the Court shall be final for all purposes under this
Plan of Distribution and there shall be no further proceedings or appeal related to the same.
52. No Potentially Eligible Claimant who has failed to file an appropriate timely
a final determination, shall be permitted to object to the barring or treatment of its claim on
the basis that the Distribution Agent failed to mail, or failed to properly mail, or that such
Potentially Eligible Claimant failed to receive, a copy ofthe Notice Plan for Distribution,
Notice Packet or the relevant Determination Notice or Final Determination Notice, or that a
Proof of Claim Form, request for reconsideration, or appeal made by the Potentially Eligible
Claimant was improperly reflected as not having been received by, or properly recorded as
having been received by, the Distribution Agent or that a Potentially Eligible Claimant's
name and/or proper contact information was not properly reflected on the Distribution
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 18 of 19
Agent's records. The burden ofnotifying the Distribution Agent ofa Potentially Eligible
Claimant's current address and other contact information, and of ensuring that such
claims, including the resolution of any review requests or appeals arising therefrom, the
Distribution Agent shall prepare a list of all Eligible Claimants and the Approved Claim for
each Eligible Claimant. After the Commission reviews the list of Eligible Claimants, the
Distribution Agent will prepare the specific distribution amount for each Eligible Claimant
by allocating the net settlement fund as provided for in this Plan of Distribution. The
Distribution Agent shall recommend such distributable amounts to the Commission. Upon
the Distribution Agent's written receipt of the Commission's approval of such distributable
amounts, the Distribution Agent shall initially distribute 80% of the cash Net Distribution
Fund to Eligible Claimants based on their allowed claim amount in comparison to the total
allowed claim amount of all Eligible Claimants (the "Initial Distribution"), with the
remaining 20% of the Net Distribution Fund held in reserve to address contingencies such as
paying newly disputed claims should the court determine that they be deemed valid;
correcting claims should any claimants establish that their initial distribution was improperly
calculated; paying administration costs and [mal fees; paying any federal, state or local taxes;
circumstances shall the Distribution Agent or its Agents incur any liability to any Person if it
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Case 1:09-cv-06829-JSR Document 110 Filed 07/16/2010 Page 19 of 19
makes a distribution in accord with the schedules previously submitted and approved by the
Court and all persons are enjoined from taking any action in contravention of this sentence.
the Distribution Fund, such Eligible Claimant shall be deemed to have released all claims
that such Eligible Claimant may have against the Distribution Agent and its Agents in
connection with the Plan of Distribution and the administration of the Distribution Fund, and
55. The submission ofthe ProofofClaim Form and the receipt and acceptance of
a distribution by an Eligible Claimant shall not affect an Eligible Claimant's rights and
claims as against any party (other than the Distribution Agent and his Agents), including,
without limitation, BAC, Merrill and their past or present directors, officers, advisors and
agents.
56. The Court reserves the right to amend this Plan of Distribution from time to
time.
SO ORDERED
~!llt:lill.
1-/5-/0
19