Claim Form must be postmarked, emailed, faxed or submitted electronically (on-line portal)
by 11:59 pm on March 19, 2019.

Claim Form (View | Download)

Claims Process

This website is directed to all persons and entities, other than Excluded Persons, excluding certain persons associated with the Defendants, who acquired securities of Concordia International Corp., known as Concordia Healthcare Corp. prior to June 27, 2016 (“Concordia”) that are or were listed for trading on the TSX or on alternative trading platforms in Canada , during the period from November 12, 2015 to and including August 11, 2016 (the “Class Period”), and held until August 12, 2016, LIFO will be used (“Qualified Shares”).

You may be eligible as a  Class Member if you purchased or acquired Concordia International Corp. (“Concordia”) shares (“Shares”) on the Toronto Stock Exchange or on an alternative trading system in Canada during the period from November 12, 2015 to and including August 11, 2016 (“Class Period”) and held until after August 12, 2016. For the purposes of determining whether or not Shares purchased or acquired during the Class Period were held until after August 12, 2016, LIFO will be used (“Qualified Shares”).

“LIFO” means the principle of last-in first-out, wherein securities are deemed to be sold in the opposite order that they were purchased (i.e. the last securities purchased are deemed to be the first sold).

Calculation of the Distribution and Maximum Entitlement

1. The date of sale or disposition shall be the trade date, as opposed to the settlement date, of the transaction. The Administrator will use this date in the calculation of an Authorized Claimant’s Distribution according to the formulae listed below.
2. No Distributions shall be available for any Qualified Shares disposed of prior to the corrective disclosure, that is, prior to the close of trading on August 11, 2016.
3. The Distribution for each Authorized Claimant will be calculated by the Administrator by dividing the Compensation Fund by the total number of Qualified Shares for all Authorized Claimants to arrive at a per Qualified Share distribution amount defined herein as the “Pro Rata Distribution”;
4. The Administrator will then multiply the Pro Rata Distribution by the number of Qualified Shares held by an Authorized Claimant to arrive at the Distribution to be paid to each Authorized Claimant;
5. In no event shall an Authorized Claimant receive a Distribution greater than his/her/its Maximum Entitlement;
6. The Maximum Entitlement shall be calculated as follows:
   1. For Qualified Shares disposed of on or before the 10th trading day after the public correction (August 25, 2016), the difference between the average price paid for those Qualified Shares (including any commissions paid in respect thereof) and the price received upon the disposition of those Qualified Shares (without deducting any commissions paid in respect of the disposition);
   2. For Qualified Shares not disposed of on or before the 10th trading day after the public correction (August 25, 2016), the lesser of:
      1. An amount equal to the difference between the average price paid for those Qualified Shares (including any commissions paid in respect thereof) and the price received upon the disposition of those Qualified Shares (without deducting any commissions paid in respect of the disposition); and
      2. An amount equal to the number of Qualified Shares disposed of by an Authorized Claimant, multiplied by the difference between the average price paid for those Qualified Shares (including any commissions paid in respect thereof determined on a per security basis) and the ten-day volume-weighted average trading price for those Qualified Shares following the public correction on August 12, 2016.

Deficiency

In order to remedy any deficiency in the completion of a Claim Form, the Administrator may require and request that additional information be submitted by a Class Member who submits a Claim Form. Such Class Members shall have until the later of thirty (30) days from the date of the request from the Administrator or the Claims Bar Deadline to rectify the deficiency. Any person who does not respond to such a request for information within the thirty (30) day period shall be forever barred from receiving any payments pursuant to the Settlement, subject to any order of the relevant court to the contrary as provided in section 18.4 of the Settlement Agreement, but will in all other respects be subject to, and bound by, the provisions of the Agreement and the releases contained herein.

The Procedure for Reference

If a Claimant disagrees with the Administrator’s decision relating to eligibility to share in the Distribution, the determination of the number of Qualified Shares, or the amount of his/her/its Maximum Entitlement, a Claimant may elect a Reference by the Referee by delivering a written election for review to the Administrator within fifteen (15) days of receipt of the Administrator’s decision.

The election for a Reference must set out the basis for the disagreement with the Administrator’s decision and attach all documents relevant to the review which have not previously been delivered to the Administrator. This election for a Reference must be accompanied by a certified cheque or money order, payable to the Administrator, in the amount of $150.

“Reference” means the procedure by which a Claimant who disagrees with the Administrator’s decision relating to eligibility for compensation, the determination of the number of Qualified Shares, or the amount of the Distribution, may appeal the Administrator’s decision and have it reviewed by the Referee;