PROCEDURE FOR OBJECTIONS AND OPT-OUTS:

THE APPROVAL HEARING:

The Court will be asked to approve the proposed Settlement and the lawyers’ fees, disbursements, expenses and taxes at a hearing to be held on March 2, 2020 at 10:00 a.m. at the courthouse located at 161 Elgin Street, Ottawa, Ontario.

Class Members who do not oppose the proposed Settlement are not required to appear at the hearing or take any other action at this time to indicate their desire to participate in the proposed settlement.

Class Members who oppose the proposed Settlement may have their opposition heard by filing an Objection (see “Objections” below).

Putative Class Members who do not oppose the proposed Settlement but do not wish to participate in it or release their claims may opt-out of the proposed Settlement (see “Opting-Out” below).

Class Members who consider it desirable or necessary to seek the advice and guidance of their own lawyers may do so at their own expense.

Class Members may attend the Approval Hearing whether or not they deliver an objection. The Court may permit Class Members to participate in the Approval Hearing whether or not they deliver an objection. Class Members who wish for a lawyer to speak on their behalf at the Approval Hearing may retain one to do so at their own expense.

OBJECTIONS:

Objection must be received on or before Friday, February 21, 2020 at 5:00pm E.S.T.

A written objection can be submitted in English or French and must include the following information:

  1. the objector’s full name, current mailing address, telephone number, fax number and email address (as may be available);
  2. the number of shares purchased during, and held at the close of, the Class Period;
  3. a brief statement of the nature of and reasons for the objection; and
  4. whether the objector intends to appear at the hearing in person or by counsel, and, if by counsel, the name, address, telephone number, fax number and email address of counsel.

At the Approval Hearing, the Court will consider any objections to the proposed Settlement by the Class Members if the objections are submitted in writing, by prepaid mail, email or fax to:

Trilogy Class Action Services
Attention: Namaste Class Action
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
Email:
Toll Free: 1‑877‑400‑1211
Fax: 416-342-1761

OPTING-OUT:

The Opt-Out Form must be received on or before Friday, February 21, 2020 at 5:00pm E.S.T.

A PDF fillable Opt-Out Form is available by clicking here

The Opt-Out Form is also available at www.morgantico.com/namaste-technologies or by calling Morganti & Co., P.C. at 1‑647‑344‑1900 Ext: 9.

Class Members who wish to pursue their own action or who do not want to be bound by the outcome of this Action MUST OPT-OUT of the Action.

If you want to opt-out of the Action, you must send an OPT-OUT FORM stating that you elect to opt-out of the Class in the Namaste Class Action.

Any Class Member who wishes to opt-out of the Action shall deliver a completed Opt-Out Form by prepaid mail, email or fax to:

Trilogy Class Action Services
Attention: Namaste Class Action
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
Email:
Toll Free: 1‑877‑400‑1211
Fax: 416-342-1761

Each Class Member who does not opt-out of the Action will be bound by the terms of the Settlement, if approved by the Court, and will not be allowed to pursue an independent action.

If you wish to pursue other claims against the Defendants relating to the matters at issue in the Action, you should immediately seek independent legal advice. If you do not exclude yourself from participating in this Action, all of your claims relating to the subject matter of this litigation will be determined by the result obtained in the Action, whether by settlement or judgement.