Alfi, Inc. Securities Litigation | Strategic Claims Services

Marburger Class – Every individual and entity who possessed a royalty ownership interest in an oil and gas lease with Phillips Exploration Inc., Phillips Production Company, PC Exploration, Inc. or Phillips Resources Inc. or any entity affiliated with any of them (“Phillips”) covering oil and gas interests at any time during the period of limitations (a) who received one or more royalty payments from XTO; (b) whose oil and gas lease covered gas that was or is gathered on the Jefferson, Forward or AK Steel gathering segments of the Mountain Gathering system in Butler County, Pennsylvania, and (c) (i) who was either a member of the settlement class in Marburger v. XTO Energy Inc., Civil Action No. 2:15-cv-910-CRE (W.D.Pa.) (“Marburger”), or (ii) whose oil and gas lease based the royalty on a percentage of proceeds and contained a Market Enhancement Clause.

Market Enhancement Class – Every individual and entity who possessed a royalty ownership interest in an oil and gas lease with Phillips covering oil and gas interests at any time during the period of limitations (a) who received one or more royalty payments from XTO; (b) whose oil and gas lease covered gas that was or is gathered by the Jefferson, Forward or AK Steel gathering segments of the Mountain Gathering system in Butler County, Pennsylvania, and (c) whose oil and gas lease based the royalty on a percentage of proceeds and contained a Market Enhancement Clause or an essentially identical provision. A Market Enhancement Clause means an oil and gas lease provision that (i) states “Notwithstanding anything to the contrary contained herein, it is agreed between the Lessor and Lessee that all oil and gas royalties accruing to the Lessor under this lease shall be net of Lessor’s proportionate share of the cost of gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, and marketing the oil, gas or other products produced hereunder to transform the product into marketable form.” or that (ii) uses substantially identical language and includes the words “marketable form.”

Status Notices were sent.

Exclusion Deadline January 8, 2024

Important Documents

Marburger Class – Notice

Market Enhancement – Notice

List of Wells Currently Claimed in Salvatora as of September 29, 2023

Third Circuit Order Denying Appeal

Order of Court dated June 26, 2023

Order of Court dated June 22, 2023

Report and Recommendation

Defendant XTO Energy Inc.’s Answer and Affirmative Defenses to the Third Amended Complaint – Class Action

Third Amended Complaint – Class Action

Status Distribution has been made.

Objection Deadline December 22, 2023

Claims Filing Deadline December 29, 2023

Fairness Hearing January 24, 2024

Important Documents

Final Approval Order and Judgment

Motion for Final Approval of Class Action Settlement and Attorneys’ Fees, Expenses, and Case Contribution Awards

Memorandum of Law in Support of Plaintiffs’ Motion for Final Approval of Class Action Settlement

Former Participant Claim Form

Settlement Notice

Preliminary Approval Order

Settlement Agreement incl Exhibits

Complaint

Status The distribution has been sent.

Claims Filing Deadline January 19, 2024

Exclusion Deadline January 19, 2024

Objection/Notice to Appear Deadline January 19, 2024

Settlement Fairness Hearing February 9, 2024 at 11:15 a.m.

Please note that Settlement Fairness Hearing has been changed to February 9, 2024 at 11:15 a.m.

File A Claim Online Online Claim Form

Important Documents

Notice of Pendency and Proposed Settlement of Class Action and Proof of Claim and Release Form

Order Granting Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement

Second Amended Stipulation of Settlement with exhibits

Status The distribution has been made.

Claims Filing Deadline December 6, 2023

File a Claim Online Online Claim Form

Important Documents

Claim Form for those who have not filed previously Download

Claim Form for those who filed in MagnaChip II Download

Plan Notice Download

Postcard Notice Download

Plan of Distribution Download

Frequently Asked Questions

1. What is the Fair Fund?
The Fair Fund is a fund that will be distributed to investors who were harmed by MagnaChip Semiconductor Corp. (“MagnaChip”) and Margaret Hye-Ryoung Sakai’s securities law violations as alleged in the U.S. Securities and Exchange Commission’s (“SEC”) Order Instituting Proceedings, and who are eligible to receive payment according to the SEC-approved Distribution Plan. The SEC established the Fair Fund on May 10, 2023, and it is comprised of the civil penalties paid by the Respondents. The Fair Fund balance is approximately $3,134,999.99. More information about this case is available on this website, and on the SEC’s public website at: https://www.sec.gov/enforcement/information-for-harmed-investors/magna-chip.

2. How will the Fair Fund be distributed?
The Fair Fund will be distributed pursuant to an SEC-approved Distribution Plan. The Distribution Plan can be reviewed in and downloaded from the Important Documents tab on this website.

3. Who could be eligible to receive a payment under the Distribution Plan?
Investors who purchased the common stock of MagnaChip Semiconductor Corp listed on a U.S. exchange and traded under the symbol MX during the period from February 1, 2012 and February 12, 2015, inclusive. In addition, to be eligible, investors must not be Excluded Parties, as defined in paragraph 16 of the Distribution Plan. Finally, investors whose claim amount calculates to less than $10 will not receive a payment.

4. Do I need to submit a claim to be considered for eligibility for a distribution from the Fair Fund?
For those who filed an approved claim in the first class action settlement in Thomas, et al. v. MagnaChip Semiconductor Corp. et al., Case No. 3:14-cv-01160-JST (N.D. Cal) (“Class Action Authorized Claimants” or “CAACs”), there is no claim requirement.

For those who filed an approved claim in the second class action whose period covered the period from February 1, 2012 through and including March 11, 2014 (“Class Action Second Settlement Claimants” or “CASSCs”), a Personalized Claim Form must be submitted with transaction information and documentation from March 12, 2014 through and including May 13, 2015.

All other investors must submit a Claim Form with supporting documentation to be considered for eligibility for a distribution.

5. How do I submit a claim?
Investors are encouraged to submit their claim electronically through the website by visiting the https://www.strategicclaims.net/claim-form-magnachip-fair-fund/. To submit a claim by mail you must complete a Claim Form or a Personalized Claim Form, whichever applies to you, and mail your claim along with supporting documentation to:

MagnaChip Fair Fund
c/o Strategic Claims Services
600 N. Jackson Street, Suite 205
Media, PA 19063

YOUR CLAIM MUST BE SUBMITTED BY DECEMBER 6, 2023 (THE “CLAIMS BAR DATE”). MAILED CLAIMS MUST BE POSTMARKED BY THE CLAIMS BAR DATE. INVESTORS WHO SUBMIT A CLAIM AFTER THE CLAIMS BAR DATE WILL NOT RECEIVE A DISTRIBUTION PAYMENT.

6. Why did I receive a Postcard Notice, and do I need to respond to the Postcard Notice?
Class Action Authorized Claimants received a Postcard Notice to notify them that they are eligible to receive a payment from the Fair Fund. CAACs do not need to respond to the Postcard Notice, and do not need to take any action to be included in the distribution.

7. What steps must I take to receive a payment?
If you are a CAAC, the Fund Administrator has the information necessary to evaluate the propriety of the claim that you submitted in the class action. Nothing further is needed from you. If the Fund Administrator determines that you are eligible for a payment under the Distribution Plan, a payment will be sent to you without further action by you.

If you received a Plan Notice and either a Claim Form or a Personalized Claim Form, please complete and submit the form, all documentation requested, including the IRS Form W 9 requested on the bottom of page 3 of the Plan Notice, by December 6, 2023.

8. What happens if the Fund Administrator determines that I am not eligible to receive a payment?
The Fund Administrator will review claims for eligibility based on whether the claimant suffered a loss as described in FAQ 1 above; whether the claimant has provided adequate documentation to support their claim; and whether there are any indicia of fraud in the claim. Claimants whose claims are denied or determined deficient will receive a Claim Status Notice that will provide the reason for the Fund Administrator’s determination, and such claimants will be given a thirty-day opportunity to dispute, cure, or validate their claim, as applicable. The Fund Administrator will then issue a Final Determination Notice, which will constitute the Fund Administrator’s final ruling on the claim’s eligibility.

9. If I am determined to be eligible for a distribution payment, when will I receive a payment?
The distribution date has not yet been determined.

10. How do I obtain more information?
Additional information can be found on this website. You can also request information from the Fund Administrator by email at info@strategicclaims.net, or by telephone at (866) 274-4004.

Status Distribution has been made.

Objection Deadline November 1, 2023

Claims Filing Deadline November 2, 2023

Fairness Hearing December 1, 2023

Important Documents

Former Participant Claim Form Download

Notice Download

Preliminary Approval Order Download

Settlement Agreement incl Exhibits Download

Complaint Download

Status The distribution has been sent.

Claims Filing Deadline October 7, 2023