Canadian Gatos Silver Securities Class Action

Canadian Gatos Silver Securities Class Action

Ontario Superior Court of Justice, Court File No. CV-22-00676682-00CP

CLAIM FORM

I. GENERAL INSTRUCTIONS – PLEASE READ CAREFULLY

  1. This Claim Form is directed to the following Class or Class Members: all persons and entities (other than certain “excluded persons”), wherever they may reside or be domiciled, who: (i) purchased Gatos Silver securities under Gatos Silver’s Canadian prospectuses filed in October 2020 and July 2021 and in the distributions to which they related; or (ii) acquired Gatos Silver securities during the period from October 28, 2020 until January 25, 2022 at 6:52 p.m. Eastern Standard Time on any Canadian exchange (including, without limitation, the Toronto Stock Exchange) or any Canadian alternative trading system.
  2. If you are NOT a member of the Class, as defined below, PLEASE DO NOT submit a Claim Form.
  3. To make a claim for compensation from the Settlement in the above-noted action, you must complete the Claim Form. If you fail to file a properly completed Claim Form, your claim may be rejected and you may be precluded from any recovery from the Settlement Amount created in connection with the Settlement.
  4. A separate Claim Form must be filed for each account in which Securities were held.
  5. Only your Securities acquired during the Class Period are eligible to potentially recover under the Settlement.
  6. Submission of a Claim Form does not assure that you will share in the Settlement Amount.
  7. For questions about this Claim Form, or if you require assistance, please contact the Claims Administrator, RicePoint Administration Inc., at 1-888-298-2060 or [email protected].

II. KEY DEFINITIONS

  1. “Class Period” means the period from October 28, 2020 until January 25, 2022 at 6:52 p.m. Eastern Standard Time.
  2. “Electrum Defendants” means The Electrum Group LLC, Electrum Silver US LLC, and Electrum Silver US II LLC.
  3. “Excluded Persons” means Gatos Silver, Stephen Orr, Roger Johnson, Philip Pyle, the Tetra Tech Defendants, the Electrum Defendants and the Underwriter Defendants; the respective past and present subsidiaries, affiliates, officers, directors, senior employees, partners, legal representatives, heirs, predecessors, successors and assigns of Gatos Silver, Tetra Tech, the Electrum Defendants, and the Underwriter Defendants; and the immediate family members of Stephen Orr, Roger Johnson, Philip Pyle, Guillermo Dante Ramirez-Rodriguez and Kira Lyn Johnson, provided, however, that any “Investment Vehicle” shall not be excluded from the class. “Investment Vehicles” means any investment company, pooled investment fund, or separately managed account (including, but not limited to, mutual fund families, exchange traded funds, funds of funds, private equity funds, real estate funds, hedge funds, and employee benefit plans) in which the Underwriter Defendants, or any of them, have, has, or may have a direct or indirect interest, or as to which its affiliates may serve as a fiduciary or act as an investment advisor, general partner, managing member, or in any other similar capacity, but in which any of the Underwriter Defendants alone or together, with its, his, or her respective affiliates, is not an owner or does not hold a beneficial interest.
  4. “Impugned Prospectuses” means Gatos Silver’s Base Prep Prospectus dated October 27, 2020 and Supplemented Prep Prospectus dated October 27, 2020, and Gatos Silver’s Short Form Base Shelf Prospectus dated July 12, 2021 and Prospectus Supplement dated July 15, 2021.
  5. “Tetra Tech Defendants” means Tetra Tech, Inc., Guillermo Dante Ramirez-Rodriguez, and Kira Lyn Johnson.
  6. “Underwriter Defendants” means BMO Nesbitt Burns Inc., Goldman Sachs Canada Inc., RBC Dominion Securities Inc., Canaccord Genuity Corp., and CIBC World Markets Inc.

III. CLAIMANT IDENTIFICATION

  1. Use Part I of this form entitled “Claimant Identification” to identify each purchaser of the Securities that are the subject of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL OWNER(S) OR THE LEGAL REPRESENTATIVE OF SUCH PURCHASERS.

IV. CLAIM FORM

  1. Claim Forms must be submitted to the Administrator (see contact details on the first page of these instructions).
  2. A separate Claim Form must be filed for each account in which Gatos securities were held.
  3. A Claimant must provide all of the requested information with respect to all of his, her or its:
    1. Gatos Silver common shares acquired under the Impugned Prospectus filed in October 2020;
    2. Gatos Silver common shares acquired under the Impugned Prospectus filed in July 2021;
    3. Gatos Silver common shares acquired on the secondary market between and including October 28, 2020 and January 25, 2022 at 6:52p.m. EST;
    4. Gatos Silver common shares acquired on the secondary market between January 26, 2022 and the date the Claim Form is filed;
    5. Gatos Silver common shares sold/disposed of between October 28, 2020 and the date the Claim Form is filed;
    6. Gatos Silver common shares held at the time the Claim Form is filed.
    Failure to report all required details may result in the rejection of a Claimant’s claim.
  4. Please list each transaction in the Class Period separately and in chronological order, by trade date (not settlement date), beginning with the earliest. Claimants must accurately provide the month, day and year of each transaction listed.
  5. Trade confirmations, broker statements or suitable alternative documentation evidencing a Claimant’s transactions in Securities must be submitted with the Claim Form. Failure to submit supporting documentation acceptable to the Administrator may result in the rejection of your claim.
  6. The information required by the Administrator is the minimum amount of information necessary to process the claims. The Administrator may request additional information as required to efficiently and reliably calculate claimants’ losses. In some cases, where the Administrator cannot perform compensation calculations accurately or at a reasonable cost to the Class with the information provided by a Claimant, the Administrator may conditionally accept the claim pending receipt of additional information.

During this online process you will have the opportunity to upload your supporting documentation. Required documentation may be uploaded in .jpg, .jpeg, .tif, .tiff, .gif, .png, and .pdf format only. The maximum file size per document is 10 MB. Alternatively, if your documentation is not in the correct format or is too large to upload, at the end of the submission process, you will have the option to print a transmittal letter which can be used to submit your documentation by mail to the Claims Administrator.

You must respond to all questions when submitting your Claim Form. Incomplete Claim Forms will not be accepted. You must select "Submit Claim” when you reach the end of the online process, or your information will not be saved. The online claim form does not require a signature; the “Submit Claim” button acts as a signature. Once you have submitted a Claim Form, you will not be able to use the "Back" button to review or amend your claim.

Exiting before submitting the claim will cause any information you have entered to be lost!

When you select "Submit Claim", a confirmation page containing your claim number will be automatically generated and you will be sent a confirmation email. Your Claim Form has not been accepted until you see the confirmation page. You will be able to print and keep the confirmation page for your records. Your claim number is your proof of submitting your claim. If you do not print the confirmation page before exiting the screen, you will not be able to go back and retrieve it. Your confirmation page also contains important instructions, such as how to submit your supporting documentation in the event you were not able to upload it electronically.

If you wish to file multiple Claim Forms using the online submission process, you must complete and submit each claim separately. Once you have selected “Submit Claim” for a Claim Form, select “File Claim” to begin your next submission.

I HAVE READ AND UNDERSTAND ALL OF THE ABOVE INFORMATION. I WISH TO CONTINUE WITH THE ONLINE CLAIM FILING PROCESS. I UNDERSTAND I MUST COMPLETE THE PROCESS AND RECEIVE A CLAIM NUMBER IN ORDER FOR MY CLAIM TO BE CONSIDERED PROPERLY SUBMITTED. I ALSO UNDERSTAND THAT I SHOULD PRINT AND MAINTAIN THE CONFIRMATION PAGE OF MY ONLINE SUBMISSION FOR MY RECORDS.

PART I. CLAIMANT IDENTIFICATION

PART II. SCHEDULE OF TRANSACTIONS IN GATOS SILVER

Traded in Canadian Dollars (CAD)

This Claim Form is directed to the following Class or Class Members: all persons and entities (other than certain “excluded persons”), wherever they may reside or be domiciled, who: (i) purchased Gatos Silver securities under Gatos Silver’s Canadian prospectuses filed in October 2020 and July 2021 and in the distributions to which they related; and (ii) acquired Gatos Silver securities during the period from October 28, 2020 until January 25, 2022 at 6:52 p.m. Eastern Standard Time on any Canadian exchange (including, without limitation, the Toronto Stock Exchange) or any Canadian alternative trading system.

A. Gatos Silver common shares acquired under the prospectus filed in October 2020:

Trade Date(s) of Shares
(List Chronologically)
Number of Shares
Purchased or Acquired
Total Purchase or Acquisition Price
(Including Commissions).
Please round off to the nearest whole dollar
Proof of Purchase Uploaded?
$ .00
Y    N

B. Gatos Silver common shares acquired under the prospectus filed in July 2021:

Trade Date(s) of Shares
(List Chronologically)
Number of Shares
Purchased or Acquired
Total Purchase or Acquisition Price
(Including Commissions).
Please round off to the nearest whole dollar
Proof of Purchase Uploaded?
$ .00
Y    N

C. Gatos Silver common shares acquired on the secondary market between and including October 28, 2020 and January 25, 2022 at 6:52p.m. EST:

Trade Date(s) of Shares
(List Chronologically)
Number of Shares
Purchased or Acquired
Total Purchase or Acquisition Price
(Including Commissions).
Please round off to the nearest whole dollar
Proof of Purchase Uploaded?
$ .00
Y    N

D. Gatos Silver common shares acquired on the secondary market between January 26, 2022 and the date the Claim Form is filed:

Proof Uploaded?
    Y     N

E. Gatos Silver common shares sold/disposed between October 28, 2020 and including the date the Claim Form is filed:

Trade Date(s) of Shares
(List Chronologically)
Number of Shares
Sold
Total Sales Price
(Excluding Commissions).
Please round off to the nearest whole dollar
Proof of Sales Uploaded?
$ .00
Y    N

F. Gatos Silver common shares held at the time the Claim Form is filed:

Proof Uploaded?
    Y     N

PART III. UPLOAD PROOF OF TRANSACTIONS

Click the "Browse" or "Choose File" button and select the relevant file from your computer. The selected files will be uploaded when the "Agree and Submit" button is clicked.

Required documentation may be uploaded in .jpg, .jpeg, .tif, .tiff, .gif, .png, and .pdf format. You may upload up to 10 files. A single file cannot be larger than 10 MB.

If you are unable to provide your supporting documentation electronically, or if you experience any issues with the document upload, you will be provided with a transmittal letter once your claim submission is confirmed. Please print out the transmittal letter and send it to the Fund Administrator with the required documentation.

PART V. DECLARATION

  1. I (we) declare that the information on this Claim Form is true, correct and complete to the best of my (our) knowledge, information and belief.
  2. I (we) declare that I (we) have disclosed all of my (our) holdings and purchase and sales transactions in Shares for the time periods required by this Claim Form.
  3. I (we) also declare that I (we) am (are) not an Excluded Person(s) as these terms are defined in the General Instructions.
  4. I (we) acknowledge and agree that the Claims Administrator may disclose all information relating to my (our) claim to the Courts and counsel to the parties in the Actions, as may be necessary.

Please type your name in the Signature field below and Press “Submit” to sign the Claim Form.

Y    N
(Only required where the claimant is not filing on behalf of themselves)
Y    N
(Only required where the claimant is not filing on behalf of themselves)

Required

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