EXHIBIT D 

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EXHIBIT D 

 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

In re Peregrine Financial Group 

Customer Litigation 

Civil Action No. 12-cv-5546 

Judge Sara L. Ellis 

Magistrate Judge Daniel G. Martin 

PLAN OF ALLOCATION 

1. Capitalized terms not otherwise defined herein shall have the same meaning 

attributed to such terms in the Settlement Agreement. 

2. Upon the Effective Date, the Net Settlement Fund shall be distributed to 

Settlement Class Members in accordance with this Plan of Allocation. 

3. Settlement Class Members who hold an Allowed Claim in the Bankruptcy Case 

are not required or permitted to file a claim in connection with the Settlement, and will 

automatically participate in the Settlement through the Bankruptcy Case, subject to Paragraph 9 

hereof. 

4. Settlement Class Members who do not hold an Allowed Claim in the Bankruptcy 

Case are required to file a claim to participate in the Settlement. A Settlement Class Member 

who files such a claim is referred to as a “New Claimant.” 

5. Each Settlement Class Member who is a New Claimant shall receive a share of 

the Net Settlement Fund that is determined by multiplying the amount of such New Claimant’s 

timely claim as approved in the Customer Class Action by a payment ratio computed as: the Net 

Settlement Fund divided by $215,000,000.00. In order to reduce administrative costs, no 

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disbursement will be made to a New Claimant if the New Claimant’s share of the Settlement 

Fund as computed in this paragraph will be less than $10.00. 

6. The aggregate amount to be disbursed to New Claimants shall under no 

circumstances exceed 50% of the Net Settlement Fund. If the total disbursable amount to New 

Claimants would exceed 50% of the Net Settlement Fund, then the payments to New Claimants 

shall be reduced proportionately. 

7. After the determination of the aggregate amount to be disbursed to the New 

Claimants, the balance of the Net Settlement Fund shall be transferred to the Trustee for 

distribution to Settlement Class Members who hold Allowed Claims in the Bankruptcy Case. 

8. All disbursements to Settlement Class Members who hold Allowed Claims in the 

Bankruptcy Case shall be made by the Trustee. All disbursements to New Claimants shall be 

made by Co-Lead Counsel or such other person as the Parties may designate, in writing. 

9. Notwithstanding the foregoing, however, no member of the Settlement Class who 

delivers a valid and timely request for exclusion from the Settlement Class shall receive any 

portion of the Net Settlement Fund. 

10. This Plan of Allocation is severable from the remainder of the Agreement. 

Approval of the Plan of Allocation by the District Court is not an integral part of, or a condition 

for, the effectuation of any other portion of the Agreement. Similarly, any modification of this 

Plan of Allocation will not affect the any other provision of the Agreement. 

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