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 “Notice”) that accompanies this Claim Form, including the Plan of Allocation of the Net
Settlement Amount set forth in the Notice. That 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 Notice also contains the definitions of many of the
defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and
submitting this Claim Form, you will be certifying that you have read and understand the Notice, including
the terms of the releases provided for in this Claim Form.
2. By submitting this Claim Form, you will be asking to receive a payment from the Settlement
described in the Notice.
If you are not a Settlement Class Member (
see the definition of the Settlement
Class on page 6 of the 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 Claim Form. 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 Claim Form 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 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 Part III of this Claim Form to supply all required details about
your transaction(s) in and holdings of common stock of The Lovesac Company (“Lovesac”). On this
schedule, please provide all the requested information about your holdings, purchases, acquisitions, and
sales of Lovesac 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 Lovesac Securities (meaning common stock) purchased during the Class Period
(i.e., from June 8, 2022, through August 16, 2023, inclusive) are eligible under the Settlement. However,
sales of Lovesac Securities during the period from August 17, 2023, through and including the close of
trading on November 14, 2023, will be used to calculate your claim under the Plan of Allocation.
Although purchases and acquisitions during the period from August 17, 2023, through November 14,
2023, 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 8, 2022,
plus the number of
shares you purchased/acquired from June 8, 2022, through November 14, 2023,
is equal to (b) the number
of shares you sold from June 8, 2022, through November 14, 2023,
plus the number of shares you held at
the close of trading on November 14, 2023.
6. You must submit genuine and sufficient documentation for all your transactions in and holdings
of Lovesac Securities as set forth in the Schedule of Transactions in Part III of this Claim Form.
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 Lovesac 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 Claim Form or any supporting
documents.
7. Use Part I of this Claim Form entitled “CLAIMANT INFORMATION” to identify the beneficial
owner(s) of the Lovesac Securities. The complete name(s) of the beneficial owner(s) must be entered. If
you held the Lovesac Securities in your own name, you were the beneficial owner as well as the record
owner. If, however, your Lovesac 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 Claim Form to be eligible to participate
in the Settlement. If there were joint beneficial owners, each must sign this Claim Form, and their names
must appear as “Claimants” in Part I of this Claim Form.
8.
One Claim should be submitted for each separate legal entity. Separate Claim Forms 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 Claim Form
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 Claim Form all transactions made in all accounts).
9. Agents, executors, administrators, guardians, and trustees must complete and sign the Claim Form
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 Lovesac Securities; and
(c) furnish evidence of their authority to bind to the Claim Form the person or entity on whose
behalf they are acting. (Authority to complete and sign a Claim Form 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 Claim Form, you will be swearing that you:
(a) own(ed) the Lovesac Securities you listed in the Claim Form; or
(b) are expressly authorized to act on behalf of the owner of that stock.
11. By submitting a signed Claim Form, 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 $20.00, 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 Claim Form, or need additional copies of the Claim Form or the
Notice, you may contact the Claims Administrator, Strategic Claims Services, at the above address, 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/lovesac, where copies of the Claim Form and 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 Settlement
website at
www.strategicclaims.net, 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
Claim Form 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 Claim Form hosted at
www.strategicclaims.net/lovesac. 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 Claim Form 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 Claim Form.