Questions and Answers
CNL Hotels & Resorts Class Action Lawsuit

How do I find my Claim ID number?

You can locate your ID Number on the right side of the Investment Data Form as shown in the example below. You must use your ID Number in order to submit form via email.

How do I request more information?

If you want a copy of the Stipulation of Settlement, Plaintiffs’ submissions in support of the Settlement, Plan of Allocation, or Plaintiffs’ Counsel’s Fee and Expense Application, or if you have any questions about the Settlement, Plan of Allocation, or Plaintiffs’ Counsel’s Fee and Expense Application, you may:

  • Download the documents from this site.
  • Write to one of Co-Lead Counsel at one of these addresses:
Nicholas E. Chimicles, Esq.
CHIMICLES & TIKELLIS LLP
361 West Lancaster Avenue
Haverford, PA 19041

Phone: (610) 642-8500
Email: CNLHotelsSettlement@Chimicles.com
Website: www.chimicles.com
Lawrence A. Sucharow, Esq.
LABATON SUCHAROW & RUDOFF LLP
100 Park Avenue
New York, NY 10017

Phone: (212) 907-0700
Website: www.labaton.com
Lawrence P. Kolker, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016

Phone: (212) 545-4600
Website: www.whafh.com
  • Write to: In re CNL Hotels & Resorts, Inc. Securities Litigation c/o Complete Claim Solutions, Inc. P.O. Box 24706 West Palm Beach, Florida 33416
  • Send an e-mail to CNLHotelsSettlement@Chimicles.com
  • Call (877) 318-6652, toll-free.

PLEASE DO NOT CALL THE COURT OR CLERK OF COURT.

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Are My Shares Eligible To Participate In Any Distribution?

**Review the Plan of Allocation for Complete Information**

Note: The purchase, sale or redemption date is the date reflected on CHR’s books as the admission date or termination date, which may or may not be the same date you executed your purchase, sale or redemption documents.

  1. CHR shares purchased before August 16, 2001 or after August 16, 2004 are not part of the Purchaser Class and are not eligible to participate in any distribution. Contractual assignments for purchases after August 16, 2004 will not be accepted.
  2. Only CHR shares purchased between August 16, 2001 and August 16, 2004, the Purchaser Class Period, are part of the Purchaser Class and are eligible to participate in a distribution, but as to these shares:
    1. If you made a Transfer by Operation of Law of your CHR shares before August 16, 2004, your transferee (not you) will be entitled to receive the distribution with respect to the shares transferred;
    2. If you redeemed the CHR shares through CHR’s Redemption Plan before August 16, 2004, you will not receive any distribution with respect to the shares redeemed.

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If My Shares Are Eligible Purchaser Class Shares, What Must I Do To Participate In Any Distribution?

A) If you purchased your CHR shares from CHR during the Purchaser Class Period1 and:

You... Then...
1. Held those same shares on August 16, 2004… All such shares are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.
2. Sold all of those shares in a Third Party Transaction before August 16, 2004… You may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation. Fill out and return a Proof of Claim.
3. Sold some of those shares in a Third Party Transaction before August 16, 2004, and held the balance of the shares on that date…

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares sold may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation. Fill out and return a Proof of Claim.
4. Redeemed (i.e. sold back to CHR) all of my shares before August 16, 2004…

Shares redeemed prior to August 16, 2004 are not eligible. You will receive no distribution for the shares redeemed.

5. Redeemed some of my shares before August 16, 2004, and held the balance of the shares on that date…

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares redeemed prior to August 16, 2004 are not eligible. You will receive no distribution for the shares redeemed.
6. Made a Transfer by Operation of Law of all of my shares before August 16, 2004…

Shares transferred prior to August 16, 2004 are not eligible. You will receive no distribution for the shares transferred.

7. Made a Transfer by Operation of Law of some of those shares before August 16, 2004, and held the balance on that date…

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares transferred prior to August 16, 2004 are not eligible. You will receive no distribution for the shares transferred.
8. After August 16, 2004, sold to a third party, redeemed or made a Transfer by Operation of Law of my shares… This does not affect your eligibility with respect to these shares. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make changes and return.

1 Such purchases would either be a Subscription Purchase or a Reinvestment Plan Purchase. If you made a Reinvestment Plan Purchase, then the admission date for that purchase is the last day of each calendar quarter. If your original Subscription Purchase was made before August 16, 2001, only Reinvestment Plan Purchases between August 16, 2001 and August 16, 2004 are included in the Purchaser Class.

B) If you received shares during the Class Period via a Transfer by Operation of Law, then:
You must complete the Proof of Claim. Your shares may be eligible for an allocation provided the shares transferred to you were acquired by the transferor during the Purchaser Class Period.

C) If you purchased CHR shares in a Third Party Transaction during the Class Period, then:
You must complete the Proof of Claim. Your shares may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation.

 

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Can I remove myself from the Action and exclude myself from the Class?

If you are a member of the Proxy Class, which is certified as a Rule 23(b)(2) class, you do NOT have the right to exclude yourself from or opt-out of the Proxy Class.

If you are a member of the Purchaser Class, you have the right to exclude yourself or opt-out of the Purchaser Class. If you do not want a payment from this Settlement, but you do want to keep the right to sue or continue to sue any of the Settling Defendants or to assert any Settled Claims against any of the Released Persons on your own, then you must take steps to get out of the Purchaser Class. Each member of the Purchaser Class shall be bound by all determinations and judgments in this Action, whether favorable or unfavorable, unless he files a written request for exclusion from the Purchaser Class (“Opt-Outs”). This is called excluding yourself or “opting-out” of the Purchaser Class. Defendants may withdraw from and terminate the Settlement if more then a certain amount of Opt-Outs are made.

If you are a member of the Purchaser Class and wish to be excluded from the Purchaser Class and the Action, you must mail, by first-class mail, postmarked no later than July 12, 2006, a written request for exclusion from the Purchaser Class, (“Exclusion Request”) that includes the following information:

  1. a statement that you “request exclusion from the Purchaser Class in In re CNL Hotels & Resorts, Inc. Securities Litigation, Case No. 6:04 cv 1231 Orl-31KRS”;
  2. your signature and those of any joint purchasers;
  3. the date(s), price(s), and number(s) of shares of all your purchases and sales of CHR common stock made between August 16, 2001 and August 16, 2004, inclusive; and
  4. the name, address and telephone number of the person seeking exclusion from the Purchaser Class.

If your Exclusion Request does not include that information, you will not be excluded and you will be deemed to continue to be a member of the Purchaser Class.

Your Exclusion Request must be postmarked no later than July 12, 2006 and mailed to:

In re CNL Hotels & Resorts, Inc. Securities Litigation
c/o
Complete Claim Solutions, Inc., Claims Administrator
EXCLUSIONS
P.O. Box 24706
West Palm Beach, FL 33416
(877) 318-6652

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My share Positions on the Investment Data Form are different from the shares I actually purchased, why?

All share positions indicated on the Investment Data Forms are post-split positions from the 8-2-2004 reverse stock split. You do not need to correct this information on the Investment Data Form.

(For example if your actual purchase was 968 shares before 8-2-2004 then after the 8-2-2004 reverse stock split you would have 484 shares. The 484 shares in this example would appear on the Investment Data Form.)

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How Do I Know If My Shares Are Eligible To Participate In Any Distribution?

**Review the Plan of Allocation for Complete Information**

In the Notice you may have received are two forms: (1) an Investment Data Form (“IDF”) and (2) a Proof of Claim (“POC”). The IDF may contain a summary of your investment information depending on the way you acquired or disposed of your CHR stock. You must review the IDF carefully. If the IDF is correct, do nothing. If the IDF is incorrect, you must submit corrections and any supporting documentation requested to be postmarked no later than November 3, 2006. The Proof of Claim must be submitted by certain Purchaser Class Members (see chart below), in order to be eligible to share in the Net Settlement Consideration. You must complete the Proof of Claim and submit it, including supporting documentation, to be postmarked no later than November 3, 2006.

Eligible transactions in CHR stock may have occurred as follows:

  • Subscription Purchase: Acquired shares of CHR stock from CHR directly and that purchase is confirmed by the records of CHR as having an admission date between August 16, 2001 and August 16, 2004 (“Purchaser Class Period”).
  • Reinvestment Plan Purchase: Acquired shares of CHR stock from CHR through CHR’s Reinvestment Plan and such shares were allocated to the purchaser’s account in the Purchaser Class Period.
  • Third Party Transaction: Shares of CHR stock purchased from a person other than CHR and that transaction is confirmed by the records of CHR as having an admission date in the Purchaser Class Period. Shares of CHR stock sold during the Purchaser Class Period only if the records of CHR confirm that such shares were also acquired during the Purchaser Class Period.
  • Transfer by Operation of Law: Acquired shares of CHR stock through a transfer of the shares for zero consideration (for example, a gift, bequest, marriage, divorce, and a change in account title such as an individual account changed to a retirement account) and such transfer occurred in the Purchaser Class Period. The shares transferred must have been acquired by the transferor during the Purchaser Class Period.

The Claims Administrator will determine, in accordance with the Plan of Allocation, which shares are eligible to receive a portion of the Net Settlement Consideration (“Eligible Purchaser Class Shares”).

For purposes of administering the Plan of Allocation, the Eligible Purchaser Class Shares will be divided into two groups: (a) eligible shares acquired as a Subscription Purchase or a Reinvestment Plan Purchase that continued to be held as of August 16, 2004, the Direct Purchase and Hold Group (“DPH Group”); and (b) eligible shares that were: (i) acquired by a Subscription Purchase or Reinvestment Plan Purchase, but were not held by the original purchaser as of August 16, 2004; (ii) acquired through a Transfer by Operation of Law; or (iii) purchased or sold in a Third Party Transaction, the Transaction Group. Claims Administration costs will be allocated to each group. A separate Net Settlement Consideration amount will be calculated for each group and distributed based upon the number of Eligible Purchaser Class Shares in each group.

Are My Shares Eligible To Participate In Any Distribution?

Note:The purchase, sale or redemption date is the date reflected on CHR’s books as the admission date or termination date, which may or may not be the same date you executed your purchase, sale or redemption documents.

  1. CHR shares purchased before August 16, 2001 or after August 16, 2004 are not part of the Purchaser Class and are not eligible to participate in any distribution. Contractual assignments for purchases after August 16, 2004 will not be accepted.
  2. Only CHR shares purchased between August 16, 2001 and August 16, 2004, the Purchaser Class Period, are part of the Purchaser Class and are eligible to participate in a distribution, but as to these shares:
    1. If you made a Transfer by Operation of Law of your CHR shares before August 16, 2004, your transferee (not you) will be entitled to receive the distribution with respect to the shares transferred;
    2. If you redeemed the CHR shares through CHR’s Redemption Plan before August 16, 2004, you will not receive any distribution with respect to the shares redeemed.

If My Shares Are Eligible Purchaser Class Shares, What Must I Do To Participate In Any Distribution?

A) If you purchased your CHR shares from CHR during the Purchaser Class Period1 and:

 

 

 

Then :

1.

Held those same shares on August 16, 2004…

 

All such shares are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

2.

Sold all of those shares in a Third Party Transaction before August 16, 2004…

 

You may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation. Fill out and return a Proof of Claim.

3.

Sold some of those shares in a Third Party Transaction before August 16, 2004, and held the balance of the shares on that date…

 

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares sold may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation. Fill out and return a Proof of Claim.

4.

Redeemed (i.e. sold back to CHR) all of my shares before August 16, 2004…

 

Shares redeemed prior to August 16, 2004 are not eligible. You will receive no distribution for the shares redeemed.

5.

Redeemed some of my shares before August 16, 2004, and held the balance of the shares on that date…

 

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares redeemed prior to August 16, 2004 are not eligible. You will receive no distribution for the shares redeemed.

6.

Made a Transfer by Operation of Law of all of my shares before August 16, 2004…

 

Shares transferred prior to August 16, 2004 are not eligible. You will receive no distribution for the shares transferred.

 

7.

Made a Transfer by Operation of Law of some of those shares before August 16, 2004, and held the balance on that date…

 

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares transferred prior to August 16, 2004 are not eligible. You will receive no distribution for the shares transferred.

8.

After August 16, 2004, sold to a third party, redeemed or made a Transfer by Operation of Law of my shares…

 

This does not affect your eligibility with respect to these shares. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make changes and return.

B) If I received shares during the Class Period via a Transfer by Operation of Law, then:
You must complete the Proof of Claim. Your shares may be eligible for an allocation provided the shares transferred to you were acquired by the transferor during the Purchaser Class Period.

C) If I purchased CHR shares in a Third Party Transaction during the Class Period, then:
You must complete the Proof of Claim. Your shares may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation.

1 Such purchases would either be a Subscription Purchase or a Reinvestment Plan Purchase. If you made a Reinvestment Plan Purchase, then the admission date for that purchase is the last day of each calendar quarter. If your original Subscription Purchase was made before August 16, 2001, only Reinvestment Plan Purchases between August 16, 2001 and August 16, 2004 are included in the Purchaser Class.

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Can I Object to the Settlement?

  • See paragraph No. 36 of the Class Notice, on pages 12-13 of the Class Notice, for complete information and instructions.
  • Objections must be made in writing and served by mail or in person on al persons and the Court listed in Paragraph No. 36 of the Class Notice, on page 12-13 of the Class Notice.
  • Objections must be filed and served no later than July 12, 2006.
  • Objections will NOT be accepted by email or by phone.

At the Final Settlement Hearing, the Court will determine whether to finally approve the Settlement and dismiss with prejudice the Action and the claims of the Class. The Court will also determine whether the Plan of Allocation for the distribution of the Net Settlement Fund is fair, reasonable, adequate and is in the best interests of the Purchaser Class. The Court may also consider Plaintiffs’ Counsel’s application for an award of attorneys’ fees and reimbursement of expenses. The Final Settlement Hearing may be adjourned from time to time by the Court without further written notice to the Class.

As a member of the Purchaser Class or Proxy Class, you can formally object to the Settlement, some part of it, the Plan of Allocation, or Plaintiffs’ Counsel’s request for attorneys’ fees and reimbursement of expenses.

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How do I notify the Court that I object to the Settlement, the Request for Attorneys’ Fees and Expenses, and/or the Plan of Allocation?

If you are a Proxy Class Member or a Purchaser Class Member (and have not sought to exclude yourself) and you wish to object to any part of the Settlement, the Request for Attorneys’ Fees and Expenses and/or the Plan of Allocation, you can object. If you decide to object to the Settlement, the Request for Attorneys’ Fees and Expenses and/or the Plan of Allocation, you can present the reasons why you believe the Court should not approve any of them. But in order for your objection to be considered, you must comply with the following procedures.

To object, you must, on or before July 12, 2006 file with the Clerk of the Court a Notice of Intention to Appear, a statement or letter saying what you are objecting to and the reasons for your objection, and any supporting documentation. Be sure to include:

  • the case name and number: “In re CNL Hotels & Resorts, Inc. Securities Litigation, Case No. 6:04‑cv‑1231‑Orl-31KRS (M.D. Fla.)”;
  • your name, address, telephone number, and signature;
  • information concerning your purchase(s), sale(s) and transactions in CHR stock from August 16, 2001 through August 16, 2004, inclusive (to evidence proof of membership in the Class);
  • the reason(s) you object to the Settlement, the Request for Attorneys’ Fees and Expenses and/or the Plan of Allocation; and
  • all legal support you wish to bring to the Court’s attention or evidence you have to support your objection.

You must also , on or before July 12, 2006 serve, either in person or by mail, copies of such notice, statement, and documentation, together with copies of any other papers or briefs you filed with the Court, upon the Court and counsel for the Parties as follows:

To the Court:

Honorable Gregory A. Presnell
United States District Court, Middle District of Florida
George C. Young U.S. Courthouse and Federal Bldg.
80 N. Hughey Avenue , Courtroom No. 3
Orlando , FL 32801

 

To Lead Litigation Counsel:

To Defendants’ Counsel:

Nicholas E. Chimicles, Esq.
CHIMICLES & TIKELLIS LLP
One Haverford Centre
361 West Lancaster Avenue
Haverford , PA 19041

Phone: (610) 642-8500
www.chimicles.com

Kenneth A. Lapatine, Esq.
GREENBERG TRAURIG, LLP
The MetLife Building
200 Park Avenue
New York , NY 10166

Phone: (212) 801-9200
www.gtlaw.com

Scott B. Schreiber, Esq.
ARNOLD & PORTER, LLP
555 Twelfth Street, NW
Washington , DC 20004

Phone: (202) 942-5000
www.aporter.com

 

Waiver of Objections. Any person who fails to comply with the requirements for objecting to the Settlement shall be deemed to have waived all such objections and shall be foreclosed from raising any objection to the proposed Settlement. Any Class Member may attend the Final Settlement Hearing, but only those Class Members who comply with the provisions hereof will be permitted to raise any objections to the proposed Settlement.

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Summary of Plan of Allocation of the Net Settlement Fund to the Purchaser Class

The $35,000,000 Purchaser Class Cash Settlement Fund and the interest earned thereon is the Cash Settlement Fund. The Cash Settlement Fund less the fees and expenses awarded by the Court with respect to the prosecution and settlement of the Purchaser claims (see Paragraph No. 35, above) and less all costs of claims administration, taxes, and other approved expenses (the “Net Settlement Consideration”) shall be distributed to members of the Purchaser Class in accordance with the Plan of Allocation.

The summary below is intended to provide a general overview of the terms of the Plan of Allocation. The summary is not intended to replace the Plan of Allocation. All shareholders and Purchaser Class Members are encouraged to read the Plan of Allocation in its entirety. To obtain a copy of the Plan of Allocation in its entirety, you may download a copy from the website or contact Co-Lead Counsel or the Claims Administrator see contact section on this site.

Attached to this Notice are two forms: (1) an Investment Data Form (“IDF”) and (2) a Proof of Claim (“POC”). The IDF may contain a summary of your investment information depending on the way you acquired or disposed of your CHR stock. You must review the IDF carefully. If the IDF is correct, do nothing. If the IDF is incorrect, you must submit corrections and any supporting documentation requested to be postmarked no later than November 3, 2006. The Proof of Claim must be submitted by certain Purchaser Class Members (see chart below), in order to be eligible to share in the Net Settlement Consideration. You must complete the Proof of Claim and submit it, including supporting documentation, to be postmarked no later than November 3, 2006.

Eligible transactions in CHR stock may have occurred as follows:

  • Subscription Purchase: Acquired shares of CHR stock from CHR directly and that purchase is confirmed by the records of CHR as having an admission date between August 16, 2001 and August 16, 2004 (“Purchaser Class Period”).
  • Reinvestment Plan Purchase: Acquired shares of CHR stock from CHR through CHR’s Reinvestment Plan and such shares were allocated to the purchaser’s account in the Purchaser Class Period.
  • Third Party Transaction: Shares of CHR stock purchased from a person other than CHR and that transaction is confirmed by the records of CHR as having an admission date in the Purchaser Class Period. Shares of CHR stock sold during the Purchaser Class Period only if the records of CHR confirm that such shares were also acquired during the Purchaser Class Period.
  • Transfer by Operation of Law: Acquired shares of CHR stock through a transfer of the shares for zero consideration (for example, a gift, bequest, marriage, divorce, and a change in account title such as an individual account changed to a retirement account) and such transfer occurred in the Purchaser Class Period. The shares transferred must have been acquired by the transferor during the Purchaser Class Period.

The Claims Administrator will determine, in accordance with the Plan of Allocation, which shares are eligible to receive a portion of the Net Settlement Consideration (“Eligible Purchaser Class Shares”).

For purposes of administering the Plan of Allocation, the Eligible Purchaser Class Shares will be divided into two groups: (a) eligible shares acquired as a Subscription Purchase or a Reinvestment Plan Purchase that continued to be held as of August 16, 2004, the Direct Purchase and Hold Group (“DPH Group”); and (b) eligible shares that were: (i) acquired by a Subscription Purchase or Reinvestment Plan Purchase, but were not held by the original purchaser as of August 16, 2004; (ii) acquired through a Transfer by Operation of Law; or (iii) purchased or sold in a Third Party Transaction, the Transaction Group. Claims Administration costs will be allocated to each group. A separate Net Settlement Consideration amount will be calculated for each group and distributed based upon the number of Eligible Purchaser Class Shares in each group.

Are My Shares Eligible To Participate In Any Distribution?

Note:The purchase, sale or redemption date is the date reflected on CHR’s books as the admission date or termination date, which may or may not be the same date you executed your purchase, sale or redemption documents.

CHR shares purchased before August 16, 2001 or after August 16, 2004 are not part of the Purchaser Class and are not eligible to participate in any distribution. Contractual assignments for purchases after August 16, 2004 will not be accepted.

2. Only CHR shares purchased between August 16, 2001 and August 16, 2004, the Purchaser Class Period, are part of the Purchaser Class and are eligible to participate in a distribution, but as to these shares:

  • If you made a Transfer by Operation of Law of your CHR shares before August 16, 2004, your transferee (not you) will be entitled to receive the distribution with respect to the shares transferred;
  • If you redeemed the CHR shares through CHR’s Redemption Plan before August 16, 2004, you will not receive any distribution with respect to the shares redeemed.

If My Shares Are Eligible Purchaser Class Shares, What Must I Do To Participate In Any Distribution?

A) If you purchased your CHR shares from CHR during the Purchaser Class Period1 and:

 

 

 

Then...

1.

Held those same shares on August 16, 2004…

 

All such shares are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

2.

Sold all of those shares in a Third Party Transaction before August 16, 2004…

 

You may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation. Fill out and return a Proof of Claim.

3.

Sold some of those shares in a Third Party Transaction before August 16, 2004, and held the balance of the shares on that date…

 

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares sold may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation. Fill out and return a Proof of Claim.

4.

Redeemed (i.e. sold back to CHR) all of my shares before August 16, 2004…

 

Shares redeemed prior to August 16, 2004 are not eligible. You will receive no distribution for the shares redeemed.

 

5.

Redeemed some of my shares before August 16, 2004, and held the balance of the shares on that date…

 

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares redeemed prior to August 16, 2004 are not eligible. You will receive no distribution for the shares redeemed.

6.

Made a Transfer by Operation of Law of all of my shares before August 16, 2004…

 

Shares transferred prior to August 16, 2004 are not eligible. You will receive no distribution for the shares transferred.

 

7.

Made a Transfer by Operation of Law of some of those shares before August 16, 2004, and held the balance on that date…

 

Shares held are eligible. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make corrections and return.

Shares transferred prior to August 16, 2004 are not eligible. You will receive no distribution for the shares transferred.

8.

After August 16, 2004, sold to a third party, redeemed or made a Transfer by Operation of Law of my shares…

 

This does not affect your eligibility with respect to these shares. Check the Investment Data Form for accuracy. If correct, do nothing. If incorrect, make changes and return.

B) If I received shares during the Class Period via a Transfer by Operation of Law, then:
You must complete the Proof of Claim
. Your shares may be eligible for an allocation provided the shares transferred to you were acquired by the transferor during the Purchaser Class Period.

C) If I purchased CHR shares in a Third Party Transaction during the Class Period, then:
You must complete the Proof of Claim
. Your shares may be eligible for a partial allocation and are subject to a Weighting Formula which is set forth in the Plan of Allocation.

1 Such purchases would either be a Subscription Purchase or a Reinvestment Plan Purchase. If you made a Reinvestment Plan Purchase, then the admission date for that purchase is the last day of each calendar quarter. If your original Subscription Purchase was made before August 16, 2001, only Reinvestment Plan Purchases between August 16, 2001 and August 16, 2004 are included in the Purchaser Class.

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My share Positions on the IDF are different, why?

All share positions indicated on the Investment Data Forms are post-split positions from the 8-2-2004 reverse stock split. You do not need to correct this information on the Investment Data Form.

(For example if your actual purchase was 968 shares before 8-2-2004 then after the 8-2-2004 reverse stock split you would have 484 shares. The 484 shares in this example would appear on the Investment Data Form.)

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All share positions on the Inventment Data Form are post-split positions from the 8-2-2004 reverse stock split.

All share positions indicated on the Investment Data Forms are post-split positions from the 8-2-2004 reverse stock split. You do not need to correct this information on the Investment Data Form.

(For example if your actual purchase was 968 shares before 8-2-2004 then after the 8-2-2004 reverse stock split you would have 484 shares. The 484 shares in this example would appear on the Investment Data Form.)

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