TO: ALL PERSONS AND ENTITIES THAT PURCHASED AFFYMAX, INC., ("AFFYMAX") COMMON STOCK DURING THE PERIOD FROM AUGUST 8, 2012 THROUGH FEBRUARY 22, 2013, BOTH DATES INCLUSIVE (THE "CLASS PERIOD").
EXCLUDED FROM THE CLASS ARE DEFENDANTS, THE OFFICERS AND DIRECTORS OF AFFYMAX, AND THEIR FAMILIES AND AFFILIATES.
NEW YORK, Nov. 17, 2014 (GLOBE NEWSWIRE) -- YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Northern District of California, that a hearing will be held on December 10, 2014, at 2 p.m., before the Honorable William H. Orrick, United States District Judge, Courtroom 2, 17th Floor, at the courthouse for the United States District Court, Northern District of California, San Francisco Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102, for the purpose of determining, among other things, whether: (1) the proposed Settlement of the Class's claims against the Defendants for $6,500,000.00 should be approved as fair, reasonable and adequate; (2) the Plan of Allocation is fair, reasonable, and adequate and should be approved; (3) the application by Lead Counsel for an award of attorneys' fees and expenses should be approved; (4) the Lead Plaintiff's application for reimbursement of costs and expenses should be granted; and (5) the Action should be dismissed with prejudice against the Defendants as set forth in the Settlement Stipulation filed with the Court.
If you purchased or otherwise acquired Affymax common stock between August 8, 2012 and February 22, 2013, inclusive (the "Settlement Class Period"), both dates inclusive, your rights may be affected by this Action and the Settlement thereof. If you have not received the detailed Notice Of Proposed Settlement Of Class Action, Motion For Attorneys' Fees And Expenses, And Settlement Final Approval Hearing (the "Notice") and Proof of Claim and Release Form, you may obtain them free of charge by contacting the Claims Administrator, by mail at: Bartelt v. Affymax Energy Inc., PO Box 43270, Providence, RI 02940-3270; by telephone at 1-866-247-7259; or by visiting the website at: affymaxshareholdersettlement.com.
If you are a member of the Class and wish to share in the Settlement money, you must submit a Proof of Claim no later than December 27, 2014 establishing that you are entitled to recovery. As further described in the Notice, you will be bound by any judgment entered in the Action, regardless of whether you submit a Proof of Claim, unless you exclude yourself from the Class, in accordance with the procedures set forth in the Notice, by no later than November 26, 2014. Any objections to the Settlement, Plan of Allocation or attorney's fees and expenses must be filed with the Court, in accordance with the procedures set forth in the Notice, no later than November 26, 2014.
Inquiries, other than requests for the Notice, may be made to Lead Counsel for the Class: Leigh Handelman Smollar, Pomerantz LLP, 10 South La Salle Street, Ste. 3505, Chicago, IL 60603, Telephone: 312-377-1181
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE CLERK'S OFFICE, THE DEFENDANTS, OR DEFENDANTS' COUNSEL BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
The Pomerantz Firm, with offices in New York, Chicago, Florida, and San Diego, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 70 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com.