This official website is maintained by the Claims Administrator under the supervision of Lead Counsel for the members of the Class in Dan Kohl, et al. v. Loma Negra Compañía Industrial Argentina S.A., et al ., Index No. 653114/2018 (the “Litigation”), which is pending in the Supreme Court of the State of New York County of New York.
PROOF OF CLAIM AND RELEASE
I. GENERAL INSTRUCTIONS
1. To recover as a Settlement Class Member based on the claims in the action titled Dan Kohl, et al. v. Loma Negra Compañía Industrial Argentina S.A., et al., Index No. 653114/2018 (the “Litigation”), you must complete and sign this Proof of Claim and Release (“Proof of Claim”). If you fail to file a properly addressed Proof of Claim (as set forth in ¶3 below), your claim may be rejected and you may be precluded from any recovery from the Net Settlement Fund created in connection with the proposed Settlement.2. Submission of this Proof of Claim, however, does not assure that you will share in the proceeds of the Settlement of the Litigation.
3. YOU MUST SUBMIT YOUR COMPLETED PROOF OF CLAIM, ACCOMPANIED BY COPIES OF THE DOCUMENTS REQUESTED HEREIN, ON OR BEFORE APRIL 19, 2024
If you are NOT a Settlement Class Member, as defined in the Notice of Proposed Settlement of Class Action (“Notice”), DO NOT submit a Proof of Claim.
4. If you are a Settlement Class Member and you do not timely request exclusion (or have not previously validly done so in response to the Notice of Pendency of Class Action dated January 31, 2022 disseminated in this Litigation), YOU WILL BE BOUND by the terms of any judgment entered in the Litigation, including the releases provided therein, WHETHER OR NOT YOU SUBMIT A PROOF OF CLAIM.
II. CLAIMANT IDENTIFICATION
You are a Member of the Settlement Class if you purchased or otherwise acquired publicly listed or publicly traded American Depository Shares (“ADSs”) of Loma Negra Compañía Industrial Argentina S.A. (“Loma” or the “Company”) (ticker symbol: “LOMA”) pursuant or traceable to the Offering Materials issued in connection with Loma’s IPO, unless you are an excluded party under the terms of the Stipulation.
Use Part I of this form titled “Claimant Information” to identify each purchaser or acquirer of the Loma ADSs that forms the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER(S) OR ACQUIRER(S), OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER(S) OR ACQUIRER(S), OF THE LOMA ADSs UPON WHICH THIS CLAIM IS BASED.
All joint purchasers or 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 security number (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.
Use Part I of this form titled “Claimant Information” to identify each purchaser or acquirer of the Loma ADSs that forms the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL PURCHASER(S) OR ACQUIRER(S), OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASER(S) OR ACQUIRER(S), OF THE LOMA ADSs UPON WHICH THIS CLAIM IS BASED.
All joint purchasers or 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 security number (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
Use Part II of this form titled “Schedule of Transactions in Loma ADSs” to supply all required details of your transaction(s). 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.
On the schedules, provide all of the requested information with respect to all of your purchases and acquisitions of publicly traded or publicly listed Loma ADSs between November 1, 2017 and June 21, 2018, inclusive. On the schedules, also provide all of the requested information with respect to all of your sales of Loma ADSs between November 1, 2017 and February 24, 2023, whether such transactions resulted in a profit or a loss. You must also provide all of the requested information with respect to the number of shares of Loma ADSs you held at the close of trading on February 24, 2023, and the total number of shares of Loma ADSs you purchased or otherwise acquired between June 22, 2018 and February 24, 2023, inclusive. Failure to report all such transactions may result in the rejection of your claim.
List each transaction separately and in chronological order, by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction you list.
COPIES OF BROKER CONFIRMATIONS OR OTHER DOCUMENTATION OF YOUR TRANSACTIONS IN LOMA ADSs SHOULD BE ATTACHED TO YOUR CLAIM. FAILURE TO PROVIDE THIS DOCUMENTATION COULD DELAY VERIFICATION OF YOUR CLAIM OR RESULT IN REJECTION OF YOUR CLAIM.
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All such claimants MUST also submit a manually signed paper Proof of Claim whether or not they also submit electronic copies. If you wish to submit your claim electronically, you must contact the Claims Administrator at info@LomaNegraSecuritiesSettlement.com or (877) 311-3744 to obtain the required file layout. No 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.
On the schedules, provide all of the requested information with respect to all of your purchases and acquisitions of publicly traded or publicly listed Loma ADSs between November 1, 2017 and June 21, 2018, inclusive. On the schedules, also provide all of the requested information with respect to all of your sales of Loma ADSs between November 1, 2017 and February 24, 2023, whether such transactions resulted in a profit or a loss. You must also provide all of the requested information with respect to the number of shares of Loma ADSs you held at the close of trading on February 24, 2023, and the total number of shares of Loma ADSs you purchased or otherwise acquired between June 22, 2018 and February 24, 2023, inclusive. Failure to report all such transactions may result in the rejection of your claim.
List each transaction separately and in chronological order, by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction you list.
COPIES OF BROKER CONFIRMATIONS OR OTHER DOCUMENTATION OF YOUR TRANSACTIONS IN LOMA ADSs SHOULD BE ATTACHED TO YOUR CLAIM. FAILURE TO PROVIDE THIS DOCUMENTATION COULD DELAY VERIFICATION OF YOUR CLAIM OR RESULT IN REJECTION OF YOUR CLAIM.
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request, or may be requested, to submit information regarding their transactions in electronic files. All such claimants MUST also submit a manually signed paper Proof of Claim whether or not they also submit electronic copies. If you wish to submit your claim electronically, you must contact the Claims Administrator at info@LomaNegraSecuritiesSettlement.com or (877) 311-3744 to obtain the required file layout. No 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.