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IN RE MERIX CORPORATION
SECURITIES LITIGATION Lead Case No. CV 04-826-MO
(Consolidated Cases)
This Document Relates to:
ALL ACTIONS
• Your legal rights are affected whether you act or do not act. Please read this Notice carefully.
Statement of Recovery
Lead Plaintiff estimates that approximately 2,538,000 shares of Merix common stock were purchased and/or
acquired from an Underwriter Defendant directly pursuant to Merix’s January 29, 2004 Offering and potentially dam-
aged. Lead Plaintiff estimates that if valid claim forms for all damaged shares are submitted, the average payment
recovery per damaged share will be $0.99 per share of Merix common stock before deducting attorneys’ fees, costs,
and expenses, as approved by the Court. A Class Member’s actual recovery will depend on: (1) the number of claims
filed; (2) when Class Members purchased and/or acquired their Merix common stock; (3) whether Class Members sold
their shares of Merix common stock and, if so, when; (4) administrative costs, including the costs of notice, for the
Action; (5) the amount awarded by the Court for attorneys’ fees and expenses; and (6) the amount awarded by the
Court to Lead Plaintiff in connection with its representation of the Class. Distributions to Class Members will be made
based on the Plan of Allocation set forth in this Notice or other plan of allocation as may be ordered by the Court. See
Plan of Allocation set forth in Question 9 below.
The Circumstances of the Settlement
The principle reason for Lead Plaintiff’s consent to the Settlement is to provide an immediate benefit to the Class.
While Lead Counsel believes that Lead Plaintiff’s claims would survive a motion for summary judgment and ultimately
result in a verdict for the Class, it also recognizes that continued litigation and trial come with risks. The benefit of
the present Settlement must be compared to the risk that no recovery might be achieved after contested motions,
a contested trial and likely appeals, possibly years into the future. The claims advanced by the Class in this Action
involve numerous complex legal and factual issues, which would require voluminous discovery and extensive expert
discovery and testimony, adding considerably to the expenses and duration of the litigation. If the Action were to
proceed, Lead Plaintiff would have to overcome significant defenses. Among other things, the Parties disagree about
(i) whether Lead Plaintiff or the Class have suffered damages, (ii) whether the price of Merix common stock was arti-
ficially inflated by reasons of the alleged misrepresentations, omissions, or otherwise, and (iii) whether Lead Plaintiff
or the Class were harmed by the conduct alleged in the Second Consolidated and Amended Class Action Complaint for
Violations of the Federal Securities Laws. Even after an extensive investigation, questions remain regarding the extent
of Defendants’ liability and the extent to which a jury might find them liable, if at all. This Settlement therefore enables
the Class to recover without incurring any additional risk or costs. As a result, Lead Plaintiff believes this Settlement is
a fair, reasonable, and adequate recovery for the Class.
Defendants have denied and continue to deny that they have committed any act or omission giving rise to any
liability and/or violation of law. Nonetheless, Defendants are entering into this Settlement to eliminate the burden and
expense of further litigation and the risk of not prevailing at trial and, therefore, have determined that it is desirable
that the Action fully and finally be settled in the manner and upon the terms and conditions set forth in the Stipulation
and Agreement of Settlement dated August 24, 2010 (the “Stipulation”).
• These rights and options—and the deadlines to exercise them—are explained in this Notice. Please note
the date of the Settlement Fairness Hearing—currently scheduled for January 3, 2011—is subject to change
without further notice. If you plan to attend the hearing, you should check with Lead Counsel as set forth
above, or with the Court, to be sure that no change to the date and time of the hearing has been made.
• The Court in charge of this Action still has to decide whether to approve the Settlement. Payments will be
made to Class Members if the Court approves the Settlement and that approval is upheld after any appeals
are filed. Please be patient.
Basic Information
1. Why Did I Receive This Notice Package?
You or someone in your family may have purchased or otherwise acquired shares of Merix common stock from
an Underwriter Defendant directly pursuant to Merix’s January 29, 2004 Offering and held the stock through
May 13, 2004.
If this description applies to you or someone in your family, you have a right to know about a proposed settle-
ment of a class action lawsuit, and about all of your options, before the Court decides whether to approve the
IN RE MERIX CORPORATION
SECURITIES LITIGATION Lead Case No. CV 04-826-MO
(Consolidated Cases)
This Document Relates to:
ALL ACTIONS
he “Underwriter Defendants” are UBS Securities LLC, Thomas Weisel Partners LLC, Needham & Company, Inc., Wells Fargo
T
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Securities, LLC, Raymond James & Associates, Inc. and William Blair & Company, LLC.
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III. INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS
A. In the space provided below, supply all required details of your transaction(s) in Merix common stock. If you
need more space, attach separate sheets giving all of the required information in substantially the same form. Sign
and print or type your name on each additional sheet.
B. Please provide all of the requested information with respect to all of your purchases and acquisitions of Mer-
ix common stock from an Underwriter Defendant (i.e., UBS Securities LLC, Thomas Weisel Partners LLC, Needham
& Company, Inc., Wells Fargo Securities, LLC, Raymond James & Associates, Inc. and William Blair & Company, LLC)
directly pursuant to Merix’s January 29, 2004 offering, regardless of whether such transactions resulted in a profit or
a loss. Failure to report all such transactions may result in the rejection of your claim.
C. List each transaction separately and in chronological order by trade date, beginning with the earliest. You
must accurately provide the month, day, and year of each transaction you list.
D. Broker confirmations or other documentation of your transactions in Merix common stock should be attached
to your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of
your claim.
E. The requests are designed to provide the minimum amount of information necessary to process the most
simple claims. The Claims Administrator may request additional information as required to efficiently and reliably
calculate your losses. In some cases where the Claims Administrator cannot perform the calculation accurately or at a
reasonable cost to the Class with the information provided, the Claims Administrator may condition acceptance of the
claim upon the production of additional information and/or the hiring of an accounting expert at the claimant’s cost.
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UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
In re Merix Corporation Securities Litigation
Lead Case No. CV 04-826-MO
PROOF OF CLAIM AND RELEASE
Must be Postmarked No Later Than: February 12, 2011
Please Type or Print
Name:
122222222222222222222222222222222
122222222222222222222222222222222
Address:
122222222222222222222222222222222
122222222222222222222222222222222
City:
122222222222222 State: 12 Zip Code: 12222 – 1222
Foreign Foreign
Province:
12222222222222 Country: 122222222222222
Email:
122222222222222222222222222222222
123 123 –1223 123 123 –1223
Area Code Telephone No. (work) Area Code Telephone No. (home)
122222222222222222222222222222222
Check one:
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B. SALES: I made the following SALES of Merix common stock during the period January 29, 2004 through
November 15, 2004, inclusive. (Must be documented):
Trade Date(s) of Sale(s)
(List Chronologically) Number of Shares of Merix Sale Price Per Share of Total Proceeds (excluding
Month/Day/Year Common Stock Sold Merix Common Stock commissions, taxes and fees)
C. UNSOLD HOLDINGS: At the close of trading on November 15, 2004, I still owned __________ shares of Merix
common stock. (If none, write 0).
YOU MUST READ AND SIGN THE RELEASE ON PAGE 15 FAILURE TO SIGN THE RELEASE MAY RESULT IN A DELAY
IN PROCESSING OR THE REJECTION OF YOUR CLAIM.
If you require additional space, attach extra schedules in the same format as above. Copies of broker’s confirma-
tions or other documentation evidencing your transactions in Merix common stock should be attached.
PART III: SUBMISSION TO JURISDICTION OF COURT AND ACKNOWLEDGEMENTS
1. I (We) submit this Proof of Claim and Release under the terms of the Stipulation and Agreement of Settlement
described in the Notice. I (We) also submit to the jurisdiction of the United States District Court for the District of
Oregon with respect to my (our) claim as a Class Member and for purposes of enforcing the release set forth herein
and any Judgment which may be entered in the Action. I (We) further acknowledge that I (we) am (are) bound by and
subject to the terms of any Judgment that may be entered in the Action.
2. I (We) agree to furnish additional information to the Claims Administrator to support this claim if required to
do so.
PART IV: DEFINITIONS AND RELEASE
1. I (We) hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, dis-
charge and release all “Released Claims” against all “Released Parties,” including “Unknown Claims,” as defined below.
(a) “Released Claims” means any and all claims, debts, demands, rights or causes of action or liabilities
whatsoever, whether based on federal, state, common or foreign law or any other law, rule or regulation, whether
fixed or contingent, accrued or un-accrued, liquidated or un-liquidated, at law or in equity, matured or un-ma-
tured, whether class, and/or individual in nature, including both known claims and Unknown Claims (as defined
herein), (i) that have been asserted in this Action by Lead Plaintiff and/or the members of the Class or any of
them against any of the Released Parties, or (ii) that could have been, or could in the future be, asserted in any
forum by Lead Plaintiff and/or the members of the Class or any of them against any of the Released Parties which
arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations or
omissions involved, set forth, or referred to in the Second Amended Complaint and which relate to the purchase
or acquisition of the common stock of Merix Corporation from an Underwriter Defendant directly pursuant to
Merix’s January 29, 2004 offering.
(b) “Released Parties” means Defendants and the current and former officers, directors, partners, members,
parents, subsidiaries, controlling persons, affiliates, employees, agents, attorneys, auditors, underwriters, insur-
ers, representatives, heirs, predecessors, successors in interest and assigns of any Defendant.
(c) “Unknown Claims” means any and all Released Claims that Lead Plaintiff and/or Class Members do not
know or suspect to exist in his, her or its favor as of the Effective Date and any Settled Parties’ Claims that any
Released Party does not know or suspect to exist in his, her or its favor as of the Effective Date, which if known by
him, her or it might have affected his, her or its decision(s) with respect to the Settlement. With respect to any
and all Released Claims and Settled Parties’ Claims, the Parties stipulate and agree that upon the Effective Date,
Lead Plaintiff and Defendants shall expressly waive, and each Class Member and Released Party shall be deemed
to have waived, and by operation of the Judgment shall expressly have waived, any and all provisions, rights and
benefits conferred by any law of any state of the United States, or principle of common law or otherwise, which
is similar, comparable, or equivalent to California Civil Code § 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have
materially affected his or her settlement with the debtor.
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The Parties acknowledge, and Class Members and Released Parties by operation of law shall be deemed to have ac-
knowledged, that the inclusion of “Unknown Claims” in the definition of Released Claims and Settled Parties’ Claims
was separately bargained for and was a key element of the Settlement.
2. This release shall be of no force or effect unless and until the Court gives final approval to the Settlement and
the Effective Date occurs.
PART V: REPRESENTATIONS
1. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or
transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
2. I (We) hereby warrant and represent that I (we) have included information about all of my (our) purchases,
acquisitions and sales transactions in Merix common stock which occurred from January 29, 2004 through
November 15, 2004 inclusive, and the number of shares of Merix common stock held by me (us) at the close of trading
on November 15, 2004.
3. I (We) certify that I am (we are) not subject to backup withholding under the provisions of Section 3406(a) (1)
(c) of the Internal Revenue Code.
NOTE: If you have been notified by the Internal Revenue Service that you are subject to backup withholding,
please strike out the language that you are not subject to backup withholding in the certification above.
I (We) declare under penalty of perjury under the laws of the State of Oregon and the United States of America
that the foregoing information supplied by the undersigned is true and correct and that this Proof of Claim and
Release form was executed this day of in .
(month, year) (City, State, Country)
(Type or print your name here) (Type or print your name here)
(Capacity of persons signing, e.g., Beneficial Purchaser, (Capacity of persons signing, e.g., Beneficial Purchaser,
Executor or Administrator) Executor or Administrator)
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In re Merix Corporation Securities Litigation
c/o Strategic Claims Services First Class Mail
U.S. POSTAGE
Claims Administrator
PAID
P.O. Box 230 Permit No. 138
600 North Jackson Street, Suite 3 Philadelphia, Pa
Media, PA 19063
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