PROOF OF CLAIM AND RELEASE FORM
GENERAL INSTRUCTIONS & INFORMATION
1. You are urged to read carefully the Notice of Proposed Settlement of Class Action, Motion for Attorneys’ Fees and Expense, and Settlement Fairness Hearing (the “Notice”).
2. To file a claim and recover under the Settlement of this Action, you must submit this Proof of Claim and Release Form (the “Proof of Claim”). However, such filing is not a guarantee that you will share in the proceeds of the Settlement in the Action.
3. Your completed and signed Proof of Claim must be received on or before January 17, 2024, addressed to the Claims Administrator at:
Orphazyme Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173018
Milwaukee, WI 53217
5. If you are not a member of the Settlement Class, do not submit a Proof of Claim.
6. For help completing this Proof of Claim, please contact the Claims Administrator.
INSTRUCTIONS FOR FILLING OUT THE PROOF OF CLAIM FORM
Important additional information regarding the Settlement and this Proof of Claim is contained in the Notice posted on the Claims Administrator’s website, www.orphsecuritieslitigation.com. Please refer to the Plan of Allocation set forth in the Notice for a detailed explanation of how a Claimant’s Recognized Loss will be calculated.
1. To be eligible to participate in the distribution of the Net Settlement Fund, a claimant (“Claimant”) must have purchased, or otherwise acquired, the American Depositary Shares of Orphazyme A/S (NASDAQ: ORPH) (i) pursuant and/or traceable to Orphazyme’s Registration Statement issued in connection with its September 2020 initial public offering (“IPO”); and/or (ii) between September 29, 2020 and November 4, 2021, both dates inclusive (the “Settlement Class Period”).
2. The submission of a Proof of Claim does not ensure that your claim will be upheld or that you will share in any recovery. All claims are subject to verification and investigation. You may be requested to provide further information.
3. All claims must be made by persons or entities who were beneficial owners (as opposed to record holders or nominees) of Orphazyme ADS. (Brokerage firms, banks and other nominees are requested to transmit copies of the Postcard Notice to their present or former customers who were such beneficial owners). If the Orphazyme ADS was owned jointly, all joint owners must complete and sign the Proof of Claim.
4. Executors, administrators, guardians, conservators and trustees may complete and sign the Proof of Claim on behalf of persons or entities represented by them, but they must identify such persons or entities and provide proof of their authority (e.g., powers of attorney or currently effective letters testamentary or letters of administration) to do so.
5. You must file a separate Proof of Claim for each differently named account or ownership, such as an individual account, an IRA account, a joint account, or a custodial account, etc. Joint tenants, co-owners, or custodians UGMA should file a single claim. Claimants who file one or more claims (e.g., one in Claimant’s name and one for an IRA or joint ownership) must identify the other claims filed.
6. The date of purchase and/or sale of Orphazyme ADS is the “trade” date and not the “settlement” date.
7. The first-in, first-out basis (“FIFO”) will be applied to both purchases and sales.
8. Exercise of option contracts will be considered to be purchases or sales of Orphazyme ADS. Option premiums will be incorporated into the purchase/sale price of the ADS accordingly.
9. The date of covering a “short sale” is deemed to be the date of purchase of Orphazyme ADS; and the date of a “share sale” is deemed to be the date of sale of Orphazyme ADS. ADS originally sold short will have a Recognized Loss of zero.
10. No cash payment will be made on a claim where the potential distribution is less than twenty dollars ($20.00).
11. You must attach to your claim form copies of brokerage confirmations, monthly statements or other documentation of your transactions in Orphazyme ADS for your claim to be valid. If such documents are not available, a complete list of acceptable supporting documentation can be found on the Claims Administrator’s website: www.orphsecuritieslitigation.com. Failure to provide this documentation could delay verification of your claim or could result in rejection of your claim.
12. If your trading activity during the Settlement Class Period exceeds 50 transactions, you must provide all purchase and sale information required in the Schedule of Transactions in an electronic file. For a copy of instructions and the parameters concerning an electronic submission, contact the Claims Administrator by phone: 800-918-9014, via email: firstname.lastname@example.org, or via the website: www.orphsecuritieslitigation.com.
14. If you have questions or need additional Proofs of Claim, contact the Claims Administrator via the information in the preceding paragraph. You may make photocopies of this form.