Court File No.: CV-14-50851300-CP

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN

LBP HOLDINGS LTD.

Plaintiff

and

ALLIED NEVADA GOLD CORP., SCOTT A. CALDWELL, ROBERT M. BUCHAN, CORMARK SECURITIES INC., and DUNDEE SECURITIES LIMITED.

Defendants

Proceeding under the Class Proceedings Act, 1992

This claims administration website was updated on October 18, 2022

Allied Nevada Gold Corp. Canadian Securities Class Action Settlement

Secondary Public Offering (“SPO”) acquired through the Canadian Prospectus with a Settlement Date of May 17, 2013

On May 17, 2013, Allied Nevada Gold Corp. conducted a secondary public offering at a price of USD $10.75 (CAD $11.04) per share. The Canadian shareholder class action is on behalf of the 254 investors that purchased 7,271,373 shares in this secondary public offering.

PLEASE REFER TO THE REVISED SHORT FORM NOTICE POSTED UNDER “NOTICE” ON THIS WEBSITE

THE REVISED DEADLINE TO SUBMIT A CLAIM FORM IS 5:00 PM EST ON DECEMBER 15, 2022

THE ONLINE CLAIMS ADMINISTRATION PORTAL HAS BEEN REOPENED
FOR THE COMPLETION AND SUBMISSION OF NEW CLAIM FORMS.

Revised Notices are being provided to Class Members to clarify that this class action was funded by the Ontario Class Proceedings Fund (“CPF”) and matters related to levy payable to the Class Proceedings Fund in respect of the settlement. The CPF was established as a public interest fund established to assist class action plaintiffs with disbursements and provide them with adverse cost award protection. As part of the legislation that established the CPF, a 10% levy is payable on any monetary award or settlement is made in a CPF-funded class action.

The original notices of this settlement and supporting material on the settlement approval motion included references that all adverse cost risk was borne by Class Counsel. As this was a CPF-funded case, pursuant to section 59.4 of the Law Society Act, the adverse cost risk was in fact borne by the CPF by operation of the statute. In addition to the statutory adverse cost protection, the CPF provided certain approved disbursement funding, but it is noted that Morganti & Co. P.C. funded approximately 90% of disbursements.

The previously published Settlement Notices expressly stated that the gross amount of the Settlement would be reduced by:

• administration fees,
• Case disbursements, and
• Court approved legal fees.

Although the definition of "administration fees" included a 10% levy being paid to the CPF, we are circulating this revised notice to provide more explicit notice with respect to the settlement distribution. The Settlement Amount to be distributed will be reduced as follows.

• administration fees,
• Case disbursements,
• Court approved legal fees, and
• CPF Levy of 10% of the net amount remaining from the Settlement Amount after deducting Administration Expenses, Case Disbursements, Class Counsel Fees, and the Honorarium

Under the settlement, we anticipate that approximately five million, five hundred thousand (CAD $5.5M), excluding administration costs (which includes a 10% levy by the Ontario Class Proceedings Fund) and legal fees, will be paid out to investors that purchased Allied Nevada Gold Corp.’s shares on May 17, 2013. We are currently adjudicating your Claim Form and Supporting Documentation and will subsequently provide a Claim Determination Notice on your eligibility as an Authorized Claimant.

On May 17, 2013, Allied Nevada Gold Corp. conducted a secondary public offering at a price of USD $10.75 (CAD $11.04) per share. The Canadian shareholder class action is on behalf of the 254 investors that purchased 7,271,373 shares in this secondary public offering. The actual numbers are lower, as there are a substantial number of "excluded" investors because of their affiliation to the defendants.

Pursuant to the Plan of Allocation, the definition of “Class Member” is as follows:

‘Class Member’ means all persons, other than Excluded Persons, who acquired common shares of Hycroft pursuant to the SPO, during its distribution period ending May 17, 2013, and continued to hold those common shares until at least July 22, 2013.

To participate in this Settlement, an investor must have kept the shares until, at least, July 22, 2013, and the maximum recovery was measured to be CAD $0.54 per share. For shares held after August 7, 2013, the maximum recovery was measured to be CAD $2.54 per share.

The gross amount of the Settlement was CAD $5,500,000, measured as of March 15, 2021. The reasonableness of this Settlement amount is further discussed within the affidavit of Andrew Morganti, a lawyer with over 20 years of experience representing investors in class actions in Canada and the United States, that was provided to His Honourable Justice Edward Belobaba. Mr. Morganti's answers to the Court's questions to his affidavit are available online in PDF format on the website at https://www.canadianalliednevadasecuritiessettlement.ca/docs/Plts-Supplemental-Written-Submissions.pdf.

It is important that Class Members and Claimants check the website and/or log into the online claims administration portal at https://portal.canadianalliednevadasecuritiessettlement.ca on a regular basis for updates in regards to the claims administration and their individual Claim Form.

THE CLASS ACTION SETTLEMENT WAS APPROVED BY THE COURT ON JULY 30, 2021

On August 14, 2014, a proposed class action was commenced on behalf of investors who purchased shares pursuant to a secondary public offering in the Ontario Superior Court: LBP Holdings Ltd. v. Allied Nevada Gold Corp., Scott A. Caldwell, Robert M. Buchan, Cormark Securities Inc., and Dundee Securities Limited, brought in the Court under Court File No.  CV-14-50851300-CP (the " Action"). The Plaintiff in the Action alleges that the Defendant made misrepresentations related to a short-form prospectus dated May 9, 2013.

The substance of the litigation (i.e. that the Defendants made misrepresentations in a 2013 short-form prospectus (the “Prospectus”) released May 9, 2013 concerning a secondary public offering) has not been adjudicated by the Court. The Defendants deny the allegations.

This lawsuit alleges that the Prospectus contained misrepresentations about the Company’s business and operations at its Hycroft Mine. The lawsuit further alleges that when the Company issued statements correcting these misrepresentations on July 22, and August 6 and 7, 2013, the price of Hycroft’s stock declined to reflect the true state of events, thereby harming Class Members.

The Settlement Agreement may be viewed In the Documents section of this website.

Pursuant to paragraph 41 of the Plan of Allocation:

“Claimants must complete and submit Claim Forms electronically using the online claims portal on or before the Claims Bar Deadline.”

Pursuant to paragraph 10 (c) of the Plan of Allocation:

“if a Claimant fails to provide the Administrator the required calculations for their Maximum Entitlement (July Disclosure) or Maximum Entitlement (August Disclosure) and Supporting Documents in an organized manner and clear format to allow the Administrator to readily discern the amount of the Claim and the adjudication of the Claim Form, the Administrator may exercise the right to reject the Claim Form in its entirety;”

“Class Member” means all persons, other than Excluded Persons, who acquired common shares of Hycroft pursuant to the SPO, during its distribution period ending May 17, 2013, and continued to hold those common shares until at least July 22, 2013;

“Hycroft” means Hycroft Mining Corporation, formerly d/b/a Allied Nevada Gold Corp, Inc., and, as the context may require, includes its subsidiaries and affiliates;

“Qualified Shares” means Shares purchased or acquired pursuant to the SPO during its distribution period from May 9, 2013 ending May 17, 2013, and continued to be held until at least the close of trading on July 21, 2013;

“Qualified Shares (July Disclosure)” means Qualified Shares disposed of between the close of trading on July 21, 2013 and the close of trading on August 2, 2013;

“Qualified Shares (August Disclosure)” means Qualified Shares disposed of or held after the close of trading on August 2, 2013;

“Shares” means common shares of Hycroft that were disposed of pursuant to the SPO;

“SPO” means Hycroft’s secondary public offering by way of a final short-form prospectus dated May 9, 2013, in the form of a bought deal, available for distribution from May 9, 2013 to May 17, 2013;

“Supporting Documents” means true copies of (i) statements confirming the acquisition and/or subscription of Qualified Shares, and/or (ii) all trade confirmation slips in respect of the disposition or sale transactions, or monthly statements, for Qualified Shares (July Disclosure), and/or (iii) all trade confirmation slips in respect of the disposition or sale transactions, or monthly statements, for Qualified Shares (August Disclosure) up to and including August 8, 2013.