RELEASE AND CERTIFICATION
1. Class Representatives and the Settlement Class do hereby forever release and discharge the Defendants from any and all claims and causes of action of every nature and description, whether known or Unknown (as defined in the Notice), contingent or absolute, mature or not mature, discoverable or undiscoverable, liquidated or unliquidated, accrued or not accrued, including those that are concealed or hidden, regardless of legal or equitable theory and whether arising under federal, state, common, or foreign law, that Plaintiffs or any other member of the Settlement Class (a) asserted in the Action; or (b) could have asserted in any forum that arise out of, are based upon, or relate to, directly or indirectly, in whole or in part: (1) the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, or referred to in the Action and that relate to an investment in the Bio Profit Funds; or (2) Defendants’ and/or their attorneys’ defense or settlement of the Action and/or the claims alleged therein.
2. I (We) hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release, relinquish and discharge, all of the released claims against the Defendants and each of Wilmington’s past, present, or future parents, holding companies, subsidiaries, affiliates, vendors, agents, successors, assignors, assignees, and/or assigns and their respective subsidiaries, affiliates, vendors, agents, successors, assignors, assignees, and/or assigns, and each of their respective present, former, or future officers, directors, shareholders, employees, representatives, consultants, accountants, and attorneys.
3. This release shall be of no force or effect unless and until the Court issues a Final Judgment approving the Settlement Agreement and it becomes effective on the Effective Date.
4. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
5. I (We) hereby warrant and represent that I (we) have reviewed the investment information above and/or included transaction information about all of my (our) investments in Bio Profit Funds covered by the Claim Form and Release, and any sales of my (our) investments in Bio Profit Funds.
6. UNDER THE PENALTY OF PERJURY, I (WE) CERTIFY THAT:
(a) the number shown on this form is the correct social security/tax identification number; and
(b) I (we) certify that I am (we are) NOT subject to backup withholding under the provisions of Section 3406(a)(1)(C) of the Internal Revenue Code because: (i) I am (we are) exempt from backup withholding; or (ii) I (we) have not been notified by the Internal Revenue Service that I am (we are) subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the Internal Revenue Service has notified me (us) that I am (we are) no longer subject to backup withholding.
The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to avoid backup withholding.
I (We) declare and certify that I (we) understand that, by executing this Release and Certification, I (we) are specifically releasing and giving up forever all of the Released Claims against the Released Parties.
I (We) declare under penalty of perjury under the laws of the United States of America that the foregoing information supplied by the undersigned is true and correct.
Please type the name of the Claimant. If this claim is being made on behalf of Joint Claimants, then each must sign
Please type the name of the Joint Claimant
(Capacity of person(s) signing, e.g., Beneficial Purchaser, Executor, Administrator, Trustee, etc.)