CERTIFICATION AND RELEASE
Definitions
All capitalized terms used but not defined herein shall have the same meanings as in the Long Notice, the State Stipulation, and the Federal Stipulation, which are posted on the Claims Administrator’s website at www.strategicclaims.net. In addition, the following terms shall have the following meanings:
1. “Released Defendant Parties” has the same meaning set out in the State Stipulation and the Federal Stipulation.
2. “Released Claims” has the same meaning set out in the State Stipulation and the Federal Stipulation.
3. “Released Defendants’ Claims” has the same meaning set out in the State Stipulation and the Federal Stipulation.
4. “Released Plaintiffs’ Claims” has the same meaning set out in the State Stipulation and the Federal Stipulation.
5. “Unknown Claims” has the same meaning set out in the State Stipulation and the Federal Stipulation.
Submission to Jurisdiction of the Courts and Acknowledgements and Affirmations
I (We) submit this Proof of Claim and Release Form under the terms of the State Stipulation and the Federal Stipulation described in the Long Notice. I (We) also submit to the jurisdiction of the Federal Court and the State Court with respect to my (our) claim as a Member of the Settlement Classes and for purposes of enforcing the release set forth herein. I (We) further acknowledge that I am (we are) bound and subject to the terms of any judgments that may be entered in the State Action and the Federal Action. I (We) affirm that I (we) purchased Jumia ADSs from April 12, 2019, through and including December 9, 2019, and were damaged thereby. By submitting this Proof of Claim and Release Form, I (we) state that I (we) believe in good faith that I am a (we are) Member(s) of the Settlement Class(es) as defined in the Long Notice or am (are) acting for such person; that I am (we are) not a Defendant in the State Action or the Federal Action or anyone excluded from the Settlement Classes; that I (we) have read and understand the Long Notice; that I (we) believe that I am (we are) entitled to receive a share of the Settlement Funds; that I (we) elect to participate in the proposed Settlements described in the Long Notice; that I (we) have not filed a request for exclusion; and that I (we) have not submitted any other claim covering the same purchases or acquisitions of Jumia ADSs from April 12, 2019, through and including December 9, 2019, and know of no other person having done so on my (our) behalf. I (We) have set forth where requested herein all relevant information with respect to each purchase or acquisition of Jumia ADSs from April 12, 2019, through and including March 8, 2020. I (We) agree to furnish additional information to the Claims Administrator to support this claim if requested to do so. I (We) understand that no discovery shall be allowed on the merits of the Actions or the Settlements in connection with processing of the Proof of Claim and Release Form and in particular that no discovery shall be permitted against any Defendants in connection with any Proof of Claim and Release Form.
Release
I (We) hereby acknowledge, on behalf of myself (ourselves) and my (our) heirs, agents, executors, administrators, predecessors, successors, and assigns (or, if submitting this Proof of Claim and Release Form on behalf of a corporation, a partnership, estate, or one or more other persons, on behalf of it, him, her, or them and on behalf of its, his, her, or their heirs, agents, executors, administrators, predecessors, successors, and assigns), that I (we) shall be deemed to have, and by operation of law and of the Federal Order and Final Judgment and/or the State Order and Final Judgment shall have fully, finally, and forever compromised,
settled, released, resolved, relinquished, waived, and discharged each and every Released Plaintiffs’ Claim against the Released Defendant Parties, and I (we) shall forever be barred and enjoined from commencing, instituting, maintaining, prosecuting, or continuing to prosecute any or all of the Released Plaintiffs’ Claims against the Released Defendant Parties.
I (we) shall be deemed to have covenanted, and by operation of the Federal Order and Final Judgment and/or the State Order and Final Judgment shall have covenanted not to commence, institute, maintain, prosecute, or continue to prosecute any or all of the Released Plaintiffs’ Claims against the Released Defendant Parties in any court of law or equity, arbitration tribunal, administrative forum, or any other forum.
This release shall be of no force or effect unless and until both the Federal Court and the State Court approve the Federal Action Settlement and the State Action Settlement, respectively, and the Federal Action Settlement and State Action Settlement become Final on the Effective Date (as defined in the Federal Stipulation and the State Stipulation).
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.
I (We) hereby warrant and represent that I (we) have included information about all of my (our) transactions in Jumia ADSs from April 12, 2019, through March 8, 2020, inclusive, as well as the number of Jumia ADSs held by me (us) at the beginning of trading on April 12, 2019, and at the close of trading on March 8, 2020.
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.
I (We) declare under penalty of perjury under the laws of the United States of America and the State of New York that all of the foregoing information supplied by the undersigned is true and correct.