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 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 would be submitted. They were able to give a fairly accurate estimate for the number of Active Claimants, since this group consists of persons who had already identified themselves through legal action or had 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 had 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 claims administrator has finished processing all claims and all disputes are resolved, the claims administrator will determine the total number of Fortis Shares for which compensation has been validly claimed. If at that time it turns out that compensation has been claimed for fewer Fortis Shares than expected, the Compensation Amount may not have been fully utilized after the payment of 100% of the amounts per Buyer Share and per Holder 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 than expected, 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 Amended and Restated Settlement Agreement, published on this website in the section "Documents".