The calculator is accompanied by a note stating that the amount calculated is merely indicative, and that the amount of compensation is subject to potential dilution or increase. What exactly does this mean?
The maximum settlement amount payable to the collected Eligible Shareholders is EUR 1,308,500,000. There are several sub-maximums:
• The maximum aggregate compensation for Buyer Shares is EUR 507,700,000.
• The maximum aggregate compensation for Holder Shares is EUR 572,600,000.
• The maximum aggregate amount for the Compensation Add-On is EUR 76,200,000.
• The maximum aggregate amount for the Cost Addition is EUR 152,000,000.
In determining the compensation per Fortis Share as well as the total amount, the settlement parties attempted to realistically assess the total number of Fortis Shares for which a valid claim form will be submitted. They were able to give a fairly accurate estimate for the number of Active Claimants, since this group consists of persons who have already identified themselves through legal action or have signed up with one of the settlement parties. However, the assessment of the number of other Eligible Shareholders was more complicated. By nature, these are people who have not yet identified themselves. Still, the parties were able to estimate the expected turnout for this group based on historical data and scientific studies.
After the submission period for claim forms ends, the claims administrator will determine the total number of Fortis Shares for which compensation is being claimed. If at that time it turns out that compensation is claimed for fewer Fortis Shares than expected, the Compensation amount may not have been fully utilized after the payment of 100% of the amounts for Fortis Share and the Compensation Add-on amounts. In that case, the excess funds will be used to increase the amount per Fortis Share paid out to each claimant in the relevant group by up to 20%. No such increase is however possible for the Compensation Add-On. Conversely, if it turns out that compensation has been claimed for more Fortis Shares, the amount per Fortis Share paid out to each claimant in the relevant group may be proportionally reduced. You can find more detailed explanations in Schedule 2 to the Restated and Amended Settlement Agreement, published on this website in the category "Documents".