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Case 3:10-cv-00132-ECR -WGC Document 97-2 Filed 03/27/12 Page 11 of 21 taken into account the uncertainty and risks inherent in any litigation, especially in complex cases such as the Litigation. WHO IS IN THE SETTLEMENT To see if you will receive money from this Settlement, you first have to determine if you are a Class Member. 5. How Do I Know if I Am Part of the Settlement? The Class includes all persons who purchased or otherwise acquired Ormat securities between May 7, 2008, and February 24, 2010, inclusive. 6. What Are the Exceptions to Being Included? You are not a Class Member if you are a Defendant, members of their immediate families, any entity in which Defendants have a controlling interest, an entity that is a parent or subsidiary of Ormat, an officer or director of Ormat, and the heirs, predecessors, successors or assigns of any of the foregoing. 7. I’m Still Not Sure if I Am Included. If you are still not sure whether you are included, you can ask for free help. You can call Lionel Z. Glancy of Glancy Binkow & Goldberg LLP at 1-888-773-9224 for more information. Or you can fill out and return the claim form described in question 10, to see if you qualify. THE SETTLEMENT BENEFITS — WHAT YOU GET 8. What Does the Settlement Provide? The Settlement will result in a fund of $3.1 million in cash. The balance of this fund after payment of Court-approved attorneys’ fees and expenses, and the costs of claims administration, including the costs of printing and mailing this Notice and the cost of publishing the newspaper notice (the “Net Settlement Fund”) will be divided among all eligible Class Members who send in valid claim forms. 9. How Much Will My Payment Be? Your share of the Net Settlement Fund will depend on the number of valid claim forms that Class Members send in, the number of Ormat securities you purchased during the relevant period, and the timing of your purchases and sales. You will not receive a payment, however, if your proportionate share of the Net Settlement Fund is less than $10.00. You can calculate your Recognized Claim in accordance with the formula shown below in the Plan of Allocation. After all Class Members have sent in their Proof of Claim and Release forms, the payment you receive will reflect your Recognized Claim in relation to the Recognized Claims of all persons submitting Claim Forms. The Recognized Claim is not the amount of thePDF Image | Lawsuite ORMAT TECHNOLOGIES
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