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For information regarding the settlement reached in this action, please visit http://www.longtopclassaction.com

Status: Notices are being mailed.
Exclusion Deadline: Friday, October 03, 2014
Notice to Appear Deadline: Friday, October 03, 2014
Files: Notice of Pendency of Class Action
Consolidated Class Action Complaint
Amended Consolidated Class Action Complaint
Order Granting Default Judgment
Order Approving Notice and Summary Notice of Pendency of Class Action
Status: Distribution has been made.
Objection Deadline: Tuesday, January 14, 2014
Exclusion Deadline: Monday, July 14, 2014
Claims Filing Deadline: Monday, July 14, 2014
Fairness Hearing: Tuesday, August 26, 2014
Files: Notice and Claim Form
Settlement Agreement
Status: Distribution checks have been mailed.
Exclusion Deadline: Monday, March 24, 2014
Objection Deadline: Wednesday, April 02, 2014
Claims Filing Deadline: Wednesday, April 16, 2014
Settlement Hearing: Tuesday, April 22, 2014
Files:
Status: Distribution has been made.
Claims Filing Deadline: Thursday, July 24, 2014
Exclusion Deadline: Thursday, July 24, 2014
Objection Deadline: Thursday, July 24, 2014
Settlement Hearing: Thursday, August 14, 2014
Files:
Status: Case is complete.
Exclusion Deadline: Friday, October 04, 2013
Objection Deadline: Monday, October 14, 2013
Claims Filing Deadline: Monday, October 21, 2013
Settlement Hearing: Monday, November 04, 2013
Files: Notice and Claim Form

The website for this partial settlement is available at:

www.veltisecuritieslitigation.com

SUMMARY NOTICE OF CLASS ACTION

If you held XO Holdings, Inc. (“XO”) common stock on July 25, 2008 and/or on July 11, 2011, it is very important that you read this notice. You must decide whether you want to remain a member of a class action against Carl Icahn and other defendants. Your decision may affect your legal rights including the right to share in any possible future recovery in this action.

This lawsuit affects: Class A: All persons that held XO common stock on July 25, 2008; and Class B: All persons that held XO common stock on July 11, 2011.

What is this lawsuit about? Plaintiffs brought this case on behalf of XO minority stockholders to challenge (i) XO’s July 25, 2008 $780 million private placement of XO Class B and Class C Preferred stock (the “2008 Recapitalization”); and (ii) the July 11, 2011 Merger between XO and Icahn’s affiliates (the “2011 Merger”). Plaintiffs allege that in effecting the 2008 Recapitalization and the 2011 Merger, defendant Icahn, XO’s controlling shareholder, breached his fiduciary duties to XO’s minority shareholders in order to take for his own use and benefit all of XO’s assets including XO’s net operating losses (“NOLs”). Plaintiffs allege that XO’s minority shareholders were harmed by Defendants’ unfair dealing and breach of fiduciary duties. Defendants deny all of plaintiffs’ claims and allegations.

Who represents you? The Court has appointed Abbey Spanier, LLP as Class Counsel.

What are your options? Option #1: If you wish to remain a member of Class A and/or B, you do not need to do anything now. Option #2: You can exclude yourself from the Class. If you ask to be excluded from Class A and/or B, you will not share in any recovery that may be obtained in the future, and you will not be bound by any result obtained by the class(es).  To exclude yourself from Class A and/or B, you must send a letter stating which class(es) you wish to be excluded from, your name, address, phone number, and the number of shares of XO stock you held at the close of business on July 25, 2008 and/or July 11, 2011. You must mail your exclusion request postmarked no later than September 29, 2014 to Abbey Spanier, LLP, 212 East 39th Street, New York, NY 10016. For more information about this action you can read the documents below or call Class Counsel toll free at 1-800-889-3701.

Opt-Out Deadline: Monday, September 29, 2014
Files: Long Form Notice
Publication Notice
Press Release
Memorandum of Law in Support of Class Plaintiffs’ Motion for Approval of Plan for Class Notice
Sixth Amended and Supplemental Class Action Complaint
Status: Distribution checks have been mailed.
Exclusion Deadline: Monday, September 24, 2012
Claims Filing Deadline: Monday, September 24, 2012
Objection Deadline: Wednesday, October 17, 2012
Settlement Hearing: Wednesday, October 31, 2012
Files:

Please visit, imaxussettlement.com, for the documents regarding this case.

Status: The distribution checks have been mailed.
Exclusion Deadline: Monday, June 04, 2012
Objection Deadline: Monday, June 04, 2012
Settlement Fairness Hearing: Thursday, June 14, 2012
Claims Filing Deadline: Friday, October 12, 2012
Status: The distribution checks have been mailed.
Claims Filing Deadline: Friday, January 25, 2013
Exclusion Deadline: Monday, February 11, 2013
Objection Deadline: Monday, February 18, 2013
Fairness Hearing: Monday, March 11, 2013
Files: