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Case 3:10-cv-00132-ECR -WGC Document 97-2 Filed 03/27/12 Page 17 of 21 UNDERSTANDING YOUR PAYMENT The Net Settlement Fund shall be distributed to Class Members who submit acceptable Proofs of Claim (“Authorized Claimants”) in the following manner: The Claims Administrator shall determine each Authorized Claimant’s share of the Net Settlement Fund based upon the recognized loss formula (the “Recognized Loss”) described below. The Recognized Loss formula is intended to equitably apportion the Net Settlement Fund among Class Members. The Recognized Loss formula is not an estimate of what a Class Member would have recovered after trial; nor is it the amount that the Authorized Claimant will be paid pursuant to the Settlement. As within the groups of Authorized Claimants described in: (i) paragraphs a and b, below; (ii) paragraphs d and e below; and (iii) paragraphs h through m below, a Class Member’s actual share of the Net Settlement Fund will be determined by the ratio of the Class Member’s Recognized Loss divided by the aggregate of the Recognized Loss of all Class Members within the Claimant’s group. This Plan of Allocation is based on the following principles applicable to Class Members if the Litigation had gone to trial: Lead Plaintiffs asserted claims pursuant to Section 10(b) of the Securities Exchange Act of 1934 (“Section 10(b)”). Damages under Section 10(b) are calculated, among other things, by determining the stock price drop caused by the disclosure of information correcting prior materially false and misleading statements or reflecting materializations of risks which were a foreseeable consequence of the alleged concealment. Lead Plaintiffs contended in the Litigation, among other things, that the first corrective disclosure or materialization of the risk of materially false and misleading statements complained of occurred on February 24, 2010. ORMAT TECHNOLOGIES, INC. COMMON STOCK a. For those persons who purchased or otherwise acquired the common stock of Ormat Technologies, Inc. between May 7, 2008, and February 24, 2009, and sold such shares between February 24, 2010, and May 23, 2010, Recognized Loss per share is the lesser of: (1) $0.52; (2) The price paid less $31.90; or (3) The price paid less the price received. b. For those persons who purchased or otherwise acquired the common stock of Ormat Technologies, Inc. between May 7, 2008, and February 24, 2009, and held such shares at the opening of trading on May 24, 2010, Recognized Loss per share is the lesser of: (1) $0.52; or (2) The price paid less $31.90. c. The aggregate of all payments to Claimants who purchased or otherwise acquired the common stock of Ormat Technologies, Inc. between May 7, 2008, and February 24, 2009, and held on the opening of trading on February 24, 2010, will be limited to 5% of the total Net Settlement Fund. 15PDF Image | Lawsuite ORMAT TECHNOLOGIES
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