1. You should completely read and understand the
Notice of (I) Pendency of Class Action and Proposed Settlement, (II) Settlement Fairness Hearing, and (III) Motion for Attorneys’ Fees and Litigation Expenses (the “
Long Notice”) that accompanies the Proof of Claim, including the Plan of Allocation of the Net Settlement Amount set forth in the
Long Notice. That
Long Notice describes the proposed Settlement, how Settlement Class Members are affected by it, and how the Net Settlement Amount will be distributed if the Court approves the Settlement and Plan of Allocation. The
Long Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Proof of Claim. By signing and submitting this Proof of Claim, you will be certifying that you have read and understand the
Long Notice, including the terms of the releases provided for in this Proof of Claim.
2. By submitting this Proof of Claim, you will be asking to receive a payment from the Settlement described in the
Long Notice.
If you are not a Settlement Class Member (
see the definition of the Settlement Class on page 6 of the
Long Notice, which sets forth who is included in and who is excluded from the Settlement Class),
or if you or someone acting on your behalf submitted a request for exclusion from the Settlement Class, do not submit a Proof of Claim. You cannot directly or indirectly participate in the Settlement if you are not a Settlement Class Member. If you are excluded from the Settlement Class, any Claim Form that you submit, or that might be submitted on your behalf, will be rejected.
3.
Submission of this Proof of Claim does not guarantee that you will receive a payment from the Settlement. The distribution of the Net Settlement Amount will be governed by the Plan of Allocation in the Long Notice, if it is approved by the Court, or by such other plan of allocation as the Court approves.
4. Use the Schedule of Transactions in this Proof of Claim to supply all required details about your transaction(s) in and holdings of common stock of Latch, Inc. (“Latch”). On this schedule, please provide all the requested information about your holdings, purchases, acquisitions, and sales of Latch common stock (“Latch Securities”) (including free transfers and deliveries), whether such transactions resulted in a profit or a loss.
Failure to report all transaction and holding information during the requested time period could result in the rejection of your claim.
5.
Please note: Only Latch Securities (meaning common stock) purchased during the Class Period (i.e., from June 7, 2021, through August 1, 2023, inclusive) are eligible under the Settlement. However, sales of Latch Securities during the period from August 2, 2023 through October 30, 2023, inclusive will be used to calculate your claim under the Plan of Allocation. Although purchases and acquisitions during the period from August 2, 2023, through October 30, 2023, inclusive, are not eligible for payment, you must provide information about them so that the Claims Administrator can balance your claim – i.e., confirm that all transactions have been included by checking whether (a) the number of shares you held at the opening of trading on June 7, 2021, plus the number of shares you purchased/acquired from June 7, 2021, through October 30, 2023, inclusive, is equal to (b) the number of shares you sold from June 7, 2021, through October 30, 2023, plus the number of shares you held at the close of trading on October 30, 2023.
6. You must submit genuine and sufficient documentation for all your transactions in and holdings of Latch Securities as set forth in the Schedule of Transactions in this Proof of Claim. Documentation may consist of copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from your broker containing the transactional and holding information found in a broker confirmation slip or account statement. The Parties and the Claims Administrator do not independently have information about your investments in Latch Securities. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OF THE DOCUMENTS OR EQUIVALENT DOCUMENTS FROM YOUR BROKER. FAILURE TO SUPPLY THIS DOCUMENTATION MIGHT RESULT IN THE REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS.
Please keep a copy of all documents that you send to the Claims Administrator. Also, do not mark or highlight any portion of the Proof of Claim or any supporting documents.
7. Use the section of the Claim Form entitled “CLAIMANT INFORMATION” to identify the beneficial owner(s) of the Latch Securities. The complete name(s) of the beneficial owner(s) must be entered. If you held the Latch Securities in your own name, you were the beneficial owner as well as the record owner. If, however, your Latch Securities were registered in the name of a third party, such as a nominee or brokerage firm, you were the beneficial owner of the stock, but the third party was the record owner. The beneficial owner, not the record owner, must sign this Proof of Claim to be eligible to participate in the Settlement. If there were joint beneficial owners, each must sign this Proof of Claim, and their names must appear as “Claimants” under Claimant Information of this Proof of Claim.
8.
One Claim should be submitted for each separate legal entity. Separate Proof of Claimss should be submitted for each separate legal entity (e.g., a claim from joint owners should not include separate transactions of just one of the joint owners, and an individual should not combine his or her IRA transactions with transactions made solely in the individual’s name). Conversely, a single Proof of Claim should be submitted on behalf of one legal entity including all transactions made by that entity, no matter how many separate accounts that entity has (e.g., a person or corporation with multiple brokerage accounts should include on one Proof of Claim all transactions made in all accounts).
9. Agents, executors, administrators, guardians, and trustees must complete and sign the Proof of Claim on behalf of persons represented by them, and they must:
(a) expressly state the capacity in which they are acting;
(b) identify the name, account number, last four digits of the Social Security Number (or taxpayer identification number), address, and telephone number of the beneficial owner of (or other person or entity on whose behalf they are acting as to) the Latch Securities; and
(c) furnish evidence of their authority to bind to the Proof of Claim the person or entity on whose behalf they are acting. (Authority to complete and sign a Proof of Claim cannot be established by stockbrokers’ demonstrating only that they have discretionary authority to trade securities in another person’s accounts.)
10. By submitting a signed Proof of Claim, you will be swearing that you:
(a) own(ed) the Latch Securities you listed in the Proof of Claim; or
(b) are expressly authorized to act on behalf of the owner of that stock.
11. By submitting a signed Proof of Claim, you will be swearing to the truth of the statements it contains and the genuineness of the documents attached to it, subject to penalties of perjury under the laws of the United States of America. Making false statements or submitting forged or fraudulent documentation will result in the rejection of your claim and could subject you to civil liability or criminal prosecution.
12. If the Court approves the Settlement, payments to eligible Authorized Claimants pursuant to the Plan of Allocation (or such other plan of allocation as the Court approves) will be made after any appeals are resolved, and after the completion of all claims processing. The claims process will take substantial time to complete fully and fairly. Please be patient.
13.
PLEASE NOTE: As set forth in the Plan of Allocation, each Authorized Claimant will receive his, her, or its
pro rata share of the Net Settlement Amount. If the prorated payment to any Authorized Claimant calculates to less than $10.00, it will not be included in the calculation, and no distribution will be made to that Authorized Claimant.
14. If you have questions about the Proof of Claim, or need additional copies of the Proof of Claim or the
Long Notice, you may contact the Claims Administrator, Strategic Claims Services, at P.O. Box 230, 600 North Jackson Street, Suite 205, Media, PA 19063, by email at
info@strategicclaims.net, or by toll-free phone at 1-866-274-4004, or you can visit the Settlement website,
www.strategicclaims.net/latch, where copies of the Proof of Claim and
Long Notice are available for downloading.
15. NOTICE REGARDING INSTITUTIONAL FILERS: Representatives with authority to file on behalf of (a) accounts of multiple Settlement Class Members and/or (b) institutional accounts with large numbers of transactions (“Representative Filers”) must submit information regarding their transactions in an electronic spreadsheet format. (This is different than the online claim portal on the Settlement website.) To obtain the
mandatory electronic filing requirements and file layout, you may visit the Claims Administrator’s website at
www.strategicclaims.net/institutional-filers, or you may email the Claims Administrator’s electronic filing department at
efile@strategicclaims.net.
Any file not in accordance with the required electronic filing format will be subject to rejection. All Representative Filers MUST also submit a manually signed Proof of Claim for each Settlement Class Member, as well as proof of authority to file, along with the electronic spreadsheet format. Only one claim should be submitted for each separate legal entity (see ¶ 8 above), sub-accounts should be rolled up into a parent account if the sub-accounts contain the same tax identification number, and the
complete name of the beneficial owner of the securities must be entered where called for (see ¶ 7 above). No electronic files will be considered to have been submitted unless the Claims Administrator issues an email to that effect.
Do not assume that your file has been received until you receive that email. If you do not receive such an email within 10 days after your submission, you should contact the electronic filing department at efile@strategicclaims.net to inquire about your file and confirm it was received.
16. NOTICE REGARDING ONLINE FILING: Claimants who are not Representative Filers may submit their claims online using the electronic version of the Proof of Claim hosted at
www.strategicclaims.net/latch. If you are not acting as a Representative Filer, you do not need to contact the Claims Administrator before filing. You will receive an automated e-mail confirming receipt once your Proof of Claim has been submitted. If you are unsure whether you should submit your claim as a Representative Filer, please contact the Claims Administrator at
info@strategicclaims.net or (866) 274-4004. If you are not a Representative Filer but your claim contains a large number of transactions, the Claims Administrator may request that you also submit an electronic spreadsheet showing your transactions to accompany your Proof of Claim.