All persons (including legal entities) who during the Relevant Period (1 January 2001 to 30 June 2011) executed eligible interest rate derivative transactions in the European Union and who are: investment firms, credit institutions, insurance companies, UCITS and their management companies, pension funds and their management companies, and other financial institutions that are authorized or regulated under European Union legislation or the national law of a European Union member state, and/or performed investment activities in the pursuit of a profession or business for its own account and who have, directly or indirectly in the Relevant Period:
Traded in derivative or non-derivative financial instruments based on, derived from or otherwise related to the 'London Interbank Offered Rate' ('LIBOR') for Japanese Yen ('JPY LIBOR'), US Dollar ('USD LIBOR'), British Pounds (Sterling) ('GBP LIBOR'), Swiss Franc ('CHF LIBOR') and/or 'Tokyo Interbank Offered Rate' ('TIBOR') and/or related to the Euro Interbank Offered Rate ('EURIBOR'), Singapore Interbank Offered Rate (‘SIBOR’), Singapore Swap Offer Rate (‘SOR’), Bank Bill Swap (‘BBSW’) and/or Hong Kong Interbank Offered Rate (‘HIBOR’);
Paid interest on a loan, which interest was based on/derived from JPY LIBOR, USD LIBOR, GBP LIBOR, TIBOR, CHF LIBOR, EURIBOR, SIBOR, SOR, BBSW, and/or HIBOR; or
Conducted one or more other transactions than aforementioned in which a compensation was paid which was based on, derived from or otherwise related to JPY LIBOR, USD LIBOR, GBP LIBOR, TIBOR, CHF LIBOR EURIBOR, SIBOR, SOR, BBSW, and/or HIBOR
TO SUPPORT THE ACTION
To support the action in the Netherlands, EIS and the Foundation will first determine a participant's eligibility. EIS will request all transaction data from 1 January 2001 through 30 June 2011 for the eligible interest rate derivative instruments referenced in the “Eligible Claimants” section above. The Foundation and EIS will maintain this transaction data in confidence. The Foundation and EIS will not take any action on behalf of any individual participant, in litigation or otherwise, unless expressly provided for in a subsequent agreement signed by the Participant, the Foundation and EIS. Once eligibility has been determined, a participant will execute a Participation Agreement (PA). The PA contains a confidentiality clause so that the content and the counter-parties to the PAs will not be disclosed in the proceedings and/or to third parties. As an annex to the PA there is an optional Support Letter to be signed by parties supporting the litigation. For detailed information on joining this litigation effort in the Netherlands, EIS will provide all necessary documentation and facilitate any conversations with potential participants and members of the legal team in the Netherlands.