F. MALLOY v. ANHEUSER-BUSCH COMPANIES, LLC, et al.
You may be entitled to receive benefits under this class action settlement.
Important Dates
TO: ALL HOLDERS OF CRAFT BREW ALLIANCE, INC. (“CBA” OR THE “COMPANY”) COMMON STOCK WHO WERE ENTITLED TO EXCHANGE CBA SHARES FOR $16.50 PER SHARE UPON THE CLOSING OF THE MERGER BETWEEN CBA AND ANHEUSER-BUSCH COMPANIES, LLC (“ANHEUSER-BUSCH” OR “A-B”) ON SEPTEMBER 30, 2020.
THE NOTICE WAS AUTHORIZED BY THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH (“THE COURT”). IT IS NOT A LAWYER SOLICITATION. PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY.
NOTICE OF PENDENCY OF CLASS ACTION:1 Please be advised that your rights will be affected by the above-captioned stockholder class action (the “Action”) pending in the Circuit Court of the State of Oregon for the County of Multnomah (the “Court”) if you held Craft Brew Alliance, Inc. common stock as of September 30, 2020, the date the Merger (defined in paragraph 4 of the Notice) closed.
NOTICE OF SETTLEMENT: Please also be advised that plaintiff Frederick Malloy (“Plaintiff”), on behalf of himself and the other members of the Court-certified stockholder settlement class (the “Class,” as defined in paragraph 38 of the Notice) and Defendants Anheuser-Busch Companies, LLC, David R. Lord, Timothy P. Boyle, Marc J. Cramer, Paul D. Davis, Matthew Gilbertson, Kevin R. Kelly, Nickolas A. Mills, Jacqueline S. Woodward, Andrew J. Thomas, J. Scott Mennen, and Christine N. Perich (together, the “Settling Parties”) have reached a proposed settlement of the Action for a total of $4,500,000 in cash (the “Settlement”). The proposed Settlement, if approved by the Court, will resolve all claims in the Action.
PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY. The Notice explains how members of the Class (as defined in paragraph 38 of the Notice) (“Class Members,” and each a “Class Member”) will be affected by the Settlement. The following table provides a summary of the rights you have as a potential Class Member and the relevant deadlines, which are described in more detail later in the Notice.
Your legal rights are affected whether you act or do not act. Read the notice carefully.
| Your Legal Rights and Options in This Lawsuit: | |
|---|---|
| RECEIVE A PAYMENT FROM THE SETTLEMENT. (CLASS MEMBERS DO NOT NEED TO SUBMIT A CLAIM FORM TO RECEIVE PAYMENT.) | If you are a member of the Class, you may be eligible to receive a pro rata distribution from the Settlement proceeds. Eligible Class Members do not need to submit a claim form to receive a distribution from the Settlement, if approved by the Court. If you are eligible for a distribution from the Settlement, it will be paid to you directly. See paragraphs 42-50 of the Notice for further discussion. |
| EXCLUDE YOURSELF BY MAILING AND EMAILING A WRITTEN REQUEST FOR EXCLUSION POSTMARKED NO LATER THAN DECEMBER 30, 2022. | You get no payment and will not be bound by the release. This is the only option for you to remove yourself from the Class and potentially pursue claims against Defendants and any Released Parties as defined in the Stipulation. |
| OBJECT TO THE SETTLEMENT BY FILING A WRITTEN OBJECTION WITH THE COURT BY DECEMBER 30, 2022, AND BY SERVING COPIES ON PLAINTIFF’S COUNSEL AND DEFENDANTS’ COUNSEL. | If you are a member of the Class and would like to object to the proposed Settlement, Plaintiff’s Counsel’s application for an award of attorneys’ fees and expenses, or Plaintiff’s application for an incentive award, you may write to the Court and explain the reasons for your objection. |
| FILE A NOTICE OF INTENTION TO APPEAR WITH THE COURT BY DECEMBER 30, 2022, SERVE COPIES BY MAIL AND EMAIL ON PLAINTIFF’S COUNSEL AND DEFENDANTS’ COUNSEL POSTMARKED NO LATER THAN DECEMBER 30, 2022, AND ATTEND A HEARING VIA VIDEO CONFERENCE ON JANUARY 20, 2023 AT 11:00 A.M. PT. | Filing a written objection and notice of intention to appear by December 30, 2022, and serving copies on Plaintiff’s Counsel and Defendants’ Counsel postmarked no later than December 30, 2022, allows you to speak in Court, at the discretion of the Court, about your objection. The January 20, 2023 hearing will be conducted by video conference (see paragraphs 64-65 of the Notice). If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection. |
The Notice is not an expression of any opinion by the Court as to the merits of the claims or defenses asserted in the Action.
If you are eligible to receive a payment from the Net Settlement Fund, you do not have to submit a claim form to receive your payment.
1 All capitalized terms not otherwise defined in the Notice shall have the meaning provided in the Stipulation of Settlement dated August 11, 2022 (the “Stipulation”). A copy of the Stipulation is available on the Important Documents page.