What does it mean?
What does it mean?
Releasees: each of the following persons (i) Ageas and the Subsidiaries, (ii) all directors, officers, and other personnel of Ageas and the Subsidiaries who work or have in one way or another worked for or have been associated with Ageas or the Subsidiaries, (iii) all Underwriting Banks, and (iv) all auditors, advisers, counsel, and insurers of the aforementioned persons and their personnel and officers and directors.
Events: in 2007 and 2008, certain events (the "Events") took place relating to Fortis' policy and/or Fortis' communication or alleged lack thereof in relation to: • Its subprime portfolio, including the exposure, valuation and impairments; • The (information contained in the) trading update and prospectus of 21 and 25 September 2007 respectively and the rights issue in 2007; • The public offer and takeover of ABN AMRO, including its preparation, financing and integration, and including the decision whether or not to trigger the so-called MAC-clause and Fortis' related financial policy; • Its financial position and financial policy, including its solvency position (including the so-called "look through solvency"), liquidity position, financial statements, forecasts and provisions, its assessment of the crisis as well as its dividend policy; • Fortis' issuance of new shares in June 2008; • Its communication with its regulators or lack thereof; • The remedies required by the European Commission; • The divestments in 2007 and 2008, including the intended divestment of its investment management business to Ping An and the intended transaction with Vinci regarding Interparking; • All operations regarding Scaldis; • The riskier nature of Fortis' shares in 2007 and 2008; • The break-up of Fortis and the events leading up to it, including the preparation, negotiation, management, documents, decisions, agreements, board meetings, purchase prices, and including write-downs and the divestments and disposals of assets and shares including the transactions with the Dutch and Belgian States and BNP Paribas and approvals regarding such events, as well as the ensuing implementation of the break-up in 2009; and • The provision of loans, including financial assistance, for the acquisition of Fortis' shares.
Eligible Shareholders: any person or legal entity who held Fortis Units at any time between 28 February 2007 close of business and 14 October 2008 close of business.
there are three Reference Periods:
Period 1 from 21 September 2007 opening of business until 7 November 2007 close of business;
Period 2 from 13 May 2008 opening of business until 25 June 2008 close of business;
Period 3 from 29 September 2008 opening of business until 3 October 2008 close of business.
Buyers: Eligible Shareholders who bought Fortis Units during one of the Reference Periods and who held these at the end of that Reference Period.
Holders: Eligible Shareholders who bought Fortis Units outside one of the Reference Periods and still held these at the end of that period.
Active Claimant: any Eligible Shareholder who took an affirmative step to make a claim against a Releasee in relation to the Events by participating in a Belgian or Dutch court action before 24 March 2017 or by having registered with or joined, before 31 December 2014, a Dutch or Belgian organisation, including the ACG, which has initiated a court action against a Releasee before 24 March 2017.
Fortis Unit: a unit (in the old structure a share was in fact a unit) issued by Fortis n.v. (the former Dutch entity) and Fortis s.a./n.v. (the former Belgian entity) each unit comprised of one ordinary share in the capital of Fortis n.v. twinned with one ordinary share in the capital of Fortis s.a./n.v., listed at the stock exchange of Amsterdam, Brussels and Luxembourg.