Settlement Hearing; and (Iii) Motion for Attorneys’ Fees and Expenses

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

CONDITIONALLY CERTIFIED CLASS OF CIVIL ACTION CERTAIN FORMER SUMMIT BANCORP NO. 2:08-cv-04947-GEB-MCA SHAREHOLDERS, Plaintiffs, vs. CLASS ACTION FLEETBOSTON FINANCIAL CORPORATION, et al., Defendants.

NOTICE OF: (I) PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION; (II) SETTLEMENT HEARING; AND (III) MOTION FOR ATTORNEYS’ FEES AND EXPENSES

A Federal Court authorized this Notice. This is not a solicitation from a lawyer.

TO: ALL PERSONS AND ENTITIES THAT RECEIVED SHARES OF FLEETBOSTON FINANCIAL (“FBF”) COMMON STOCK IN EXCHANGE FOR SHARES OF SUMMIT BANCORP (“SUMMIT”) COMMON STOCK IN CONNECTION WITH THE MERGER BETWEEN THE COMPANIES PURSUANT TO THE REGISTRATION STATEMENT AND PROSPECTUS FILED ON OR ABOUT JANUARY 25, 2001, AND SOLD SUCH SHARES DURING THE PERIOD FROM DECEMBER 19, 2001 THROUGH NOVEMBER 6, 2003, INCLUSIVE, AND WERE DAMAGED THEREBY (THE “CLASS” AND “CLASS PERIOD”). THIS NOTICE EXPLAINS IMPORTANT RIGHTS YOU MAY HAVE, INCLUDING YOUR POSSIBLE RECEIPT OF CASH FROM THE SETTLEMENT. IF YOU ARE A MEMBER OF THE CLASS, AS DEFINED ABOVE, YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER OR NOT YOU ACT. PLEASE READ THIS NOTICE CAREFULLY !1 RECEIPT OF THIS NOTICE DOES NOT NECESSARILY MEAN THAT YOU ARE A CLASS MEMBER OR THAT YOU ARE ENTITLED TO RECEIVE PROCEEDS FROM THE SETTLEMENT. IF YOU WISH TO BE ELIGIBLE TO PARTICIPATE IN THE SETTLEMENT, YOU MUST SUBMIT THE ENCLOSED PROOF OF CLAIM POSTMARKED NO LATER THAN NOVEMBER 29, 2011. 1. Description of the Action and the Settling Parties : Plaintiffs consist of the Conditionally Certified Class of Certain Former Summit Bancorp Shareholders and Class Representatives Marjorie J. Maucher, Adam E. Loory, Frank W. Deardorf, Gerritt S. Swart, and Douglas G. Lamb. This Notice relates to a proposed Settlement of a class action lawsuit pending against FBF (now Bank of America) and individual defendants Terrence Murray, Charles K. Gifford, Robert J. Higgins, Henrique C. Meirelles, Eugene M. McQuade, Ernest L. Puschaver, William C. Mutterperl, Joel B. Alvord, William Barnet, III, Daniel P. Burnham, Jr., John T. Collins, William F. Connell, Gary L. Countryman, Alice F. Emerson, James F. Hardymon, Marian L. Heard, Robert M. Kavner, Thomas J. May, Donald F. McHenry, Michael B. Picotte, Thomas R. Piper, Thomas C.

1 Any capitalized terms used in this Notice that are not otherwise defined herein shall have the meanings ascribed to them in the Stipulation and Agreement of Settlement dated July 13, 2011 (the “Stipulation”) entered into by and among the settling parties. A copy of the Stipulation is available at www.berdonclaims.com . Quick, Francene S. Rodgers, Thomas M. Ryan, and Paul R. Tregurtha (collectively, the “Settling Defendants,” and together with Plaintiffs, the “Settling Parties”). The Action centered on Plaintiffs’ claim that FBF failed to maintain adequate loan loss reserves based on the state of the Argentine economy, and that as a result, FBF’s statements concerning its loan loss reserves in the registration statement and prospectus it filed on or about January 25, 2001 (“Registration Statement and Prospectus”) for shares it would be issuing in connection with FBF’s merger with Summit (the “FBF-Summit Merger”) were materially misleading in violation of federal securities laws. Plaintiffs’ claim was based on the allegations that Defendants understated the risks FBF faced with its operations in Argentina, which included the allegations that FBF misrepresented its loan loss reserves, that FBF overstated its expertise in Argentina, and that FBF failed to recognize the risk that Argentina would decouple its peso from the U.S. dollar and the substantively negative effect that this decoupling would have on Argentina’s economy and on FBF’s loan portfolios and loan loss reserves. Plaintiffs also made other claims, which were dismissed from the Action, including an allegation that FBF failed to disclose improper business practices (such as purportedly manipulating the market for initial public offerings) at its former subsidiary, Robertson Stephens, Inc. The proposed Settlement, if approved by the Court, will resolve all claims in the Action and provide relief to all Persons and entities who are eligible Class Members. 2 2. Statement of Class’s Recovery : Pursuant to the Settlement described herein, a settlement payment of $5,500,000 in cash (the “Settlement Amount”) has been deposited into an interest-bearing escrow account for the benefit of the Class. The Settlement Amount together with all interest earned thereon shall be the “Settlement Fund.” Plaintiffs’ damages expert estimates that approximately 14,658,400 shares of FBF common stock acquired by Class Members may have been affected by the alleged conduct at issue in the Action. If all Class Members elect to participate in the Settlement, it is estimated that the average per-share distribution from the Settlement Fund will be approximately $0.3752 per affected share of FBF common stock before the deduction of Court-awarded attorneys’ fees and expenses and the costs of notice and administration. Note that this is only an estimate of recovery. A Class Member’s actual recovery will be determined in accordance with the plan of allocation approved by the Court. The proposed Plan of Allocation is set forth on pages 9-11 below. 3. Statement of Potential Outcome of the Action : The Settling Parties disagree on both liability and damages and do not agree on the average amount of damages per share that would be recoverable if Plaintiffs prevailed on each claim alleged in the Action. The issues on which the Settling Parties disagree include: (a) whether the statements made in or facts allegedly omitted from the Registration Statement and Prospectus were false, material, or otherwise actionable under the federal securities laws; (b) the extent to which the various matters that Plaintiffs alleged were materially false or misleading influenced (if at all) the trading prices of FBF common shares at various times during the Class Period; (c) the extent to which the allegedly adverse material facts that Plaintiffs alleged were omitted or the material misrepresentations alleged influenced (if at all) the trading prices of FBF common stock at various times during the Class Period; (d) the extent to which external factors, such as general market conditions, influenced the trading prices of FBF common stock at various times during the Class Period; (e) the effect of various market forces influencing the trading prices of FBF common stock at various times during the Class Period; (f) the amount by which shares of FBF common stock were allegedly artificially inflated (if at all) during the Class Period; and (g) the appropriate economic model for determining the amount by which shares of FBF common stock were allegedly artificially inflated (if at all) during the Class Period. 4. Statement of Attorneys’ Fees and Expenses Sought : Class Counsel (as identified in ¶5 below) will apply to the Court for an award of attorneys’ fees in an amount not to exceed 25% of the Settlement Fund. Class Counsel also will apply for expenses incurred in connection with the prosecution and resolution of the Action in an amount not to exceed $900,000, which may include the reasonable costs and expenses of Plaintiffs directly related to their representation of the Class, plus interest on such expenses at the same rate

2 As set forth in ¶26 below, excluded from the Class are Defendants in the Action and certain Persons and entities related to the Defendants. Also excluded from the Class are those Persons and entities who timely request exclusion from the Class pursuant to this Notice.

2 as earned on the Settlement Amount. If the Court approves Class Counsel’s fee and expense application, the average cost per potentially affected share of FBF common stock will be approximately $0.155. 5. Identification of Attorneys’ Representatives : Plaintiffs and the Class are represented by the law firms of Robbins Geller Rudman & Dowd LLP, Stull, Stull & Brody, and Weiss & Lurie, who are the Court- appointed counsel for Plaintiffs and the Conditionally Certified Class (“Class Counsel”) and Kantrowitz, Goldhamer & Graifman, P.C. as Liason Counsel. Any questions regarding the Settlement should be directed to: Rick Nelson, c/o Shareholder Relations, Robbins Geller Rudman & Dowd LLP, 655 West Broadway, Suite 1900, San Diego, CA 92101, (800) 449-4900; [email protected] ; or Howard T. Longman, Stull, Stull & Brody, 6 East 45th Street, New York, NY 10017, (800) 337-4893; [email protected] ; or Richard A. Acocelli, Weiss & Lurie, 1500 Broadway, 16th Floor, New York, NY 10036; [email protected] . Please do not contact any representative of the Settling Defendants or the Court with questions about the Settlement. 6. Reasons for Settlement : Plaintiffs’ principal reason for the Settlement is the benefit to be provided to the Class now. This benefit must be compared to the significant risk that a smaller recovery or no recovery might be achieved after contested motions, a contested trial, and likely appeals, possibly years into the future. For the Settling Defendants, who deny all allegations of wrongdoing or liability whatsoever, the principal reason for the Settlement is to eliminate the expense, risks, and uncertain outcome of the litigation.

YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT REMAIN A MEMBER OF THE This is the only way to get a payment. If you wish to obtain a CLASS AND SUBMIT A PROOF payment as a Class Member, you will need to file a Proof of OF CLAIM POSTMARKED BY Claim (which is included with this Notice) postmarked no later NOVEMBER 29, 2011. than November 29, 2011. EXCLUDE YOURSELF FROM Get no payment. This is the only option that allows you the THE CLASS BY SUBMITTING possibility of being part of any other lawsuit against any A WRITTEN REQUEST FOR Defendant or other Defendant Released Parties concerning the EXCLUSION SO THAT IT IS claims that were, or could have been, asserted in this Action POSTMARKED NO LATER that will not be barred by the Settlement. THAN NOVEMBER 15, 2011. OBJECT TO THE SETTLEMENT Write to the Court and explain why you do not like the BY SUBMITTING WRITTEN Settlement, the proposed Plan of Allocation, or the request for OBJECTIONS SO THAT THEY an award of attorneys’ fees and expenses. You cannot object to ARE RECEIVED NO LATER the Settlement unless you are a Class Member and do not THAN NOVEMBER 15, 2011. exclude yourself. GO TO THE HEARING ON Ask to speak in Court about the fairness of the Settlement, the NOVEMBER 29, 2011, AT proposed Plan of Allocation, or the request for an award of 10:00 A.M., AND FILE A NOTICE attorneys’ fees and expenses. OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN NOVEMBER 15, 2011. DO NOTHING. Get no payment. Remain a Class Member. Give up your rights.

3 WHAT THIS NOTICE CONTAINS

Page Why Did I Get This Notice? ...... 5 What Is A Class Action? ...... 6 What Is This Case About? What Has Happened So Far? ...... 6 How Do I Know If I Am Affected By The Settlement? ...... 7 What Are Plaintiffs’ Reasons For The Settlement? ...... 7 What Might Happen If There Were No Settlement? ...... 8 How Much Will My Payment Be? ...... 8 The Proposed Plan Of Allocation ...... 9 What Rights Am I Giving Up By Agreeing To The Settlement? ...... 11 What Payment Are The Attorneys For The Class Seeking? How Will The Lawyers Be Paid? ...... 12 How Do I Participate In The Settlement? What Do I Need To Do? ...... 13 What If I Do Not Want To Be A Part Of The Settlement? How Do I Exclude Myself? ...... 13 When And Where Will The Court Decide Whether To Approve The Settlement? Do I Have To Come To The Hearing? May I Speak At The Hearing If I Don’t Like The Settlement? ...... 14 What Is The Difference Between Excluding Yourself From The Class And Objecting To The Settlement? ...... 15 What If I Exchanged Shares On Someone Else’s Behalf? ...... 15 Can I See The Court File? Who Should I Contact If I Have Questions? ...... 16 Proof Of Claim And Release ...... 17

4 WHY DID I GET THIS NOTICE?

7. This Notice and the Proof of Claim and Release are being sent to you pursuant to an Order of the United States District Court for the District of New Jersey (the “Court”) because you or someone in your family may have acquired FBF common stock in the FBF-Summit Merger and sold such stock during the Class Period. The Court has directed us to send you this Notice because, as a potential Class Member, you have a right to know about your options before the Court rules on the proposed Settlement of this case. Additionally, you have the right to understand how a class action lawsuit may generally affect your legal rights. If the Court approves the Settlement, a claims administrator (“Claims Administrator”) selected by Plaintiffs and approved by the Court will make payments to those Class Members who have submitted valid claim forms pursuant to the Settlement after any objections and appeals are resolved. 8. The Court in charge of this case is the United States District Court for the District of New Jersey, and the case is known as the Conditionally Certified Class of Certain Former Summit Bancorp Shareholders v. Fleet Boston Financial Corporation, et al., Civil Action No. 2:08-cv-04947-GEB-MCA. The Judge presiding over this case is the Honorable Garrett E. Brown, Jr., Chief Judge of the United States District Court for the District of New Jersey. The people who are suing are called plaintiffs, and those who are being sued are called defendants. In this case, the plaintiffs are referred to as “Plaintiffs,” on behalf of themselves and the Class, and the Settling Defendants are FBF and Terrence Murray, Charles K. Gifford, Robert J. Higgins, Henrique C. Meirelles, Eugene M. McQuade, Ernest L. Puschaver, William C. Mutterperl, Joel B. Alvord, William Barnet, III, Daniel P. Burnham, Jr., John T. Collins, William F. Connell, Gary L. Countryman, Alice F. Emerson, James F. Hardymon, Marian L. Heard, Robert M. Kavner, Thomas J. May, Donald F. McHenry, Michael B. Picotte, Thomas R. Piper, Thomas C. Quick, Francene S. Rodgers, Thomas M. Ryan, and Paul R. Tregurtha. 9. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to make a claim. The purpose of this Notice is to inform you of this case, that it is a class action, how you might be affected, and how to exclude yourself from the Settlement if you wish to do so. It also is being sent to inform you of the terms of the proposed Settlement, and of a hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the proposed Settlement, the fairness and reasonableness of the proposed Plan of Allocation, and the application by Class Counsel for an award of attorneys’ fees and expenses (the “Settlement Hearing”). 10. The Settlement Hearing will be held on November 29, 2011, at 10:00 a.m., before the Honorable Garrett E. Brown, Jr., Courtroom 4E, at the Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, New Jersey to determine, among other things: a. whether the proposed Settlement is fair, reasonable, and adequate and should be approved by the Court; b. whether the Action should be dismissed with prejudice as to the Settling Defendants and the Released Claims fully, finally and forever released, relinquished, and discharged as against the Settling Defendants and the other Released Parties; c. whether the proposed Plan of Allocation is fair and reasonable and should be approved by the Court; and d. whether Class Counsel’s request for an award of attorneys’ fees and expenses should be approved by the Court. 11. This Notice does not express any opinion by the Court concerning the merits of any claim in the Action, and the Court still has to decide whether to approve the Settlement. If the Court approves the Settlement, payments to Authorized Claimants will be made after any appeals are resolved, and after the completion of all claims processing. Please be patient.

5 WHAT IS A CLASS ACTION?

12. In a class action lawsuit, the court selects one or more people, known as class representatives, to sue on behalf of all people with similar claims, commonly known as the class or the class members. In this Action, the Court has preliminarily appointed Plaintiffs Marjorie J. Maucher, Adam E. Loory, Frank W. Deardorf, Gerritt S. Swart, and Douglas G. Lamb to serve as “Class Representatives”; and the Court has approved the law firms of Stull, Stull & Brody, Weiss & Lurie, and Robbins Geller Rudman & Dowd LLP to serve as Co- Lead Counsel for the Class in the Action. A class action is a type of lawsuit in which the claims of a number of individuals are resolved together, thus providing the class members with both consistency and efficiency. Once the Class is certified, the Court must resolve all issues on behalf of the Class Members, except for any Persons or entities who choose to exclude themselves from the Class. (For more information on excluding yourself from the Class, please read “What If I Do Not Want To Be A Part Of The Settlement? How Do I Exclude Myself?,” located on page 13 below.)

WHAT IS THIS CASE ABOUT? WHAT HAS HAPPENED SO FAR?

13. On September 19, 2002, Amsterdam, et al. v. FleetBoston Financial Corp., et al. , 02-cv-04561 (WGB), the predecessor to the current lawsuit, was filed as a putative securities class action alleging claims against Defendants under the Securities Act of 1933, in the United States District Court for the District of New Jersey. 14. On January 9, 2003, Judge William G. Bassler issued an order: (a) consolidating Amsterdam, et al. v. FleetBoston Financial Corp., et al. , with two similar actions that had been filed; (b) appointing the Estate of Harry Amsterdam (with Philip Amsterdam as representative of the Estate) and five other plaintiffs as lead plaintiffs; 3 and (c) appointing those lead plaintiffs’ choice of Cauley Geller Bowman & Coates, LLP, 4 Weiss & Yourman, 5 and Stull, Stull & Brody as co-lead counsel and Kantrowitz, Goldhammer & Graifman, PC as liaison counsel. 15. On April 22, 2003, Plaintiffs filed a consolidated amended complaint (the “Complaint”). The Complaint charged the Settling Defendants with violations of §§ 11, 12(a)(2) and 15 of the Securities Act of 1933 (the “Securities Act”). On June 30, 2003, the Settling Defendants filed a motion to dismiss the Complaint on numerous grounds. On April 23, 2004, Judge Bassler issued an order granting in part and denying in part Defendants’ motion to dismiss, sustaining certain of Plaintiffs’ Securities Act claims. 16. Plaintiffs’ Counsel conducted discovery and investigation during the ensuing prosecution of the Action. This discovery and investigation has included, among other things: inspection and analysis of more than 180,000 pages of internal documents produced by Defendants, and additional documents from third parties, including FBF’s auditor, and the taking of 19 depositions, both in the U.S. and in Argentina. 17. On December 2, 2005, while Plaintiffs’ class certification motion was pending before the Court, Defendants filed a motion for partial judgment on the pleadings, by which Defendants sought a ruling from the Court that limited Plaintiffs’ claims to those concerning FBF’s Argentine loan loss reserves. 18. On December 28, 2005, the Class was certified after multiple depositions of the executor of the Estate of Harry Amsterdam, who had initiated the Action. 19. On March 5, 2007, Judge Susan D. Wigenton issued an order denying Defendants’ motion for partial judgment on the pleadings. 20. After filing a motion to expand the definition of the class, Chief United States District Court Judge Garrett E. Brown, Jr., who is currently assigned to this case, issued a ruling on November 28, 2007 granting the motion to expand the class definition in part, while also clarifying which claims in the Complaint were operative.

3 All of whom have subsequently withdrawn. 4 Later succeeded by what is now Robbins Geller Rudman & Dowd LLP. 5 Currently Weiss & Lurie. 6 21. Subsequently, the executor of the Estate of Harry Amsterdam passed away on March 22, 2008, and a motion to substitute another representative for the Estate was made by Plaintiffs. On October 3, 2008, Chief Judge Brown issued an opinion denying the motion to substitute, and severed the Amsterdam action from the class action. In addition, by means of mailing a survey, the Court granted Class Counsel leave to seek potential class representatives and sufficient evidence that the proposed class had enough members to qualify as a class action under applicable law which the Court had required. 22. After this process, Plaintiffs moved to have Marjorie J. Maucher, Adam E. Loory, Frank W. Deardorf, Gerritt S. Swart, and Douglas G. Lamb, who had all responded to the survey, appointed as class representatives and for an order that Plaintiffs had established that the Class had sufficient members (at least 40) to be certified as a class action. In response to this motion, Defendants requested and received documents from the proposed class representatives and took oral testimony from each of them. 23. In December 2010, while the foregoing motion was pending before the Court, the Settling Parties engaged in settlement discussions. Following negotiations, the Settling Parties agreed that a mediation might help to resolve the Action. Retired Federal District Court Judge Nicholas H. Politan was retained by mutual consent of the Settling Parties, and the Settling Parties prepared submissions to Judge Politan describing the legal and evidentiary basis of their respective positions, including analysis of damages. A full-day mediation took place on March 3, 2011, and the Settling Parties reached an agreement-in-principle to resolve the Action on that day. 24. The Settling Parties engaged in further discussions and negotiations with respect to the final terms of the Settlement and executed the Stipulation on July 13, 2011. 25. On August 31, 2011, the Court preliminarily approved the Settlement, certified the Class for purposes of the Settlement, appointed Class Representatives, authorized this Notice to be sent to potential Class Members, and scheduled the Settlement Hearing to consider whether to grant final approval to the Settlement.

HOW DO I KNOW IF I AM AFFECTED BY THE SETTLEMENT?

26. On August 31, 2011, the Court preliminarily certified a Class for purposes of the Settlement. If you are a member of the Class, you are subject to the Settlement unless you timely request to be excluded. The Class consists of all persons or entities who: (a) exchanged shares of Summit common stock for shares of FBF common stock in connection with the FBF-Summit Merger pursuant to the Registration Statement and Prospectus filed by FBF on or about January 25, 2001; and (b) sold such shares of FBF common stock during the period, which (i) began when the investing public could have reasonably learned about the content of FBF’s disclosure that was made on or after December 19, 2001, and (ii) ended on November 6, 2003, the last day during which the FBF shares traded below the price paid on the open market on the date of the FBF-Summit Merger ( i.e. $41.00 per share); and (c) sustained damages as a result of such transactions. Excluded from the Class are Defendants; members of the Individual Defendants’ immediate families; directors, officers, subsidiaries, or affiliates of FBF; any entity in which any excluded Person has a controlling interest; and their legal representatives, heirs, successors and assigns. The Class also does not include those Persons and entities who timely request exclusion from the Class pursuant to this Notice ( see “What If I Do Not Want To Be A Part Of The Settlement? How Do I Exclude Myself?,” located on page 13 below).

WHAT ARE PLAINTIFFS’ REASONS FOR THE SETTLEMENT?

27. Plaintiffs believe that the claims asserted against the Settling Defendants have merit and that the evidence developed to date supports those claims. However, Plaintiffs recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the Action against the Settling Defendants through trial and through appeals. Plaintiffs also have taken into account the uncertain outcome and the risk of any litigation, especially in complex actions such as this Action, as well as the difficulties and delays inherent in

7 such litigation. Plaintiffs are also mindful of the inherent difficulties of proof under and possible defenses to the securities law violations asserted in the Action, given the underlying allegations in this Action concerning the setting of loan loss reserves for loans by FBF branches located in Argentina, which is largely based on “country factors” such as political and/or economic stability, or the lack thereof, in Argentina and the accounting rules related thereto. In addition, in this case, there would have been great difficulty in proving that the Class was meaningfully larger than the 157 Class Members who voluntarily submitted their trade information in response to the survey described above to the broader Class. For this reason and others, the amount of damages recoverable by the Class was and is challenged by the Settling Defendants. Recoverable damages in this case are limited to losses caused by conduct actionable under applicable law and, had the Action gone to trial, the Settling Defendants intended to assert that all of the losses of Class Members were caused by non-actionable market, industry, or general economic factors affecting the banking industry in general during this same time period, and the political and economic upheaval Argentina experienced in and after December 2001, which the Settling Defendants did not foresee in March 2001 when the FBF-Summit Merger took place. Defendants would also assert that, throughout the Class Period, the financial and business uncertainties and risks associated with FBF’s Argentine operations were fully and adequately disclosed. 28. In light of the amount of the Settlement, the immediacy of recovery to the Class, and the risk of no recovery, or a smaller recovery, if the litigation continued, Plaintiffs and Class Counsel believe that the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Class. The Settlement provides a substantial benefit now, namely $5,500,000 in cash (less the various deductions described in this Notice). 29. The Settling Defendants expressly have denied and continue to deny all charges of wrongdoing or liability against them arising out of any of the conduct, statements, acts, or omissions alleged, or that could have been alleged, in the Action, and continue to believe the claims asserted against them in the Complaint are without merit. Nonetheless, the Settling Defendants have concluded that further conduct of the Action would be protracted and expensive and that it is desirable that the Action be fully and finally settled in the manner and upon the terms and conditions set forth in the Stipulation. They also have taken into account the uncertainty and risks inherent in any litigation, especially in complex cases like this Action and have therefore determined that it is desirable and beneficial to them that the Action be settled in the manner and upon the terms and conditions set forth in the Stipulation.

WHAT MIGHT HAPPEN IF THERE WERE NO SETTLEMENT?

30. If there were no Settlement and Plaintiffs failed to establish any essential legal or factual element of their claims, neither Plaintiffs nor the Class would recover anything from the Settling Defendants. Also, if the Settling Defendants were successful in proving any of their defenses, the Class likely would recover substantially less than the amount provided in the Settlement, or nothing at all. Moreover, if there were no Settlement, it is highly uncertain whether Plaintiffs, even if they were successful after trial and subsequent appeals, could have obtained a judgment in an amount greater than the Settlement Amount.

HOW MUCH WILL MY PAYMENT BE?

31. After approval of the Settlement by the Court and upon satisfaction of the other conditions to the Settlement, the Net Settlement Fund ( i.e. , the Settlement Fund less: (a) any Taxes and Tax Expenses; (b) any costs and fees incurred in connection with the notice and administration of the Settlement, including any escrow costs and fees; and (c) any attorneys’ fees and expenses awarded by the Court) will be distributed to Class Members who submit timely and valid Proofs of Claim that are approved for payment by the Court (“Authorized Claimants”) in accordance with the Plan of Allocation approved by the Court. The Court has reserved jurisdiction to allow, disallow, or adjust on equitable grounds the claim of any Class Member. The Net Settlement Fund will not be distributed until the Court has approved a Plan of Allocation, and the time for

8 any petition for rehearing, appeal or review, whether by certiorari or otherwise, has expired. Approval of the Settlement is independent from approval of the Plan of Allocation. Any determination with respect to the Plan of Allocation will not affect the Settlement, if approved. 32. Defendants are not entitled to get back any portion of the Settlement Fund once the Court’s Order approving the Settlement becomes Final. No Settling Defendant, nor any other Released Party, shall have any liability, obligation, or responsibility whatsoever for the administration of the Settlement, the disbursement of the Net Settlement Fund, or the Plan of Allocation. 33. The amount of the cash payment that an Authorized Claimant will receive will depend on, among other things, the number of valid Proofs of Claim that Class Members submit and how many shares of FBF common stock they acquired in the FBF-Summit Merger and sold during the Class Period. 34. Only those Persons and entities who acquired FBF common shares in the FBF-Summit Merger and sold such shares during the Class Period will be eligible to share in the distribution of the Net Settlement Fund. Each Person or entity wishing to participate in the distribution must submit a valid Proof of Claim establishing membership in the Class and including all required documentation, as set forth in the Proof of Claim, postmarked no later than November 29, 2011 to the address set forth in the Proof of Claim that accompanies this Notice. Unless the Court otherwise orders, any Class Member who fails to submit a Proof of Claim postmarked no later than November 29, 2011 shall be forever barred from receiving payments pursuant to the Settlement set forth in the Stipulation but will in all other respects remain a Class Member and be subject to the provisions of the Stipulation, including the terms of any judgment entered and releases given. This means that each Class Member fully, finally, and forever releases, relinquishes, and discharges the Released Claims (as defined in ¶52 below) against the Released Parties (as defined in ¶53 below) and is permanently barred and enjoined from asserting, instituting, maintaining, prosecuting, or enforcing any and all Released Claims against the Released Parties regardless of whether or not such Class Member submits a Proof of Claim. 35. The proposed Plan of Allocation set forth herein is the plan that is being proposed by Plaintiffs to the Court for approval. The Court may approve this plan as proposed, or it may modify the Plan of Allocation without further notice to the Class. Any Orders regarding a modification of the Plan of Allocation will be posted on the Claims Administrator’s website, www.berdonclaims.com . 36. Payment pursuant to the Plan of Allocation approved by the Court and the Class Distribution Order shall be conclusive against all Authorized Claimants. No Person or entity shall have any claim against Plaintiffs, Class Counsel, the Claims Administrator, or any other agent designated by Class Counsel arising from distributions made substantially in accordance with the Stipulation, the Plan of Allocation, the Class Distribution Order, or any other order of the Court. Plaintiffs, the Settling Defendants, their respective counsel, Plaintiffs’ damages expert, and all other Released Parties shall have no liability whatsoever for the investment or distribution of the Settlement Fund, the Net Settlement Fund, the Plan of Allocation, or the determination, administration, calculation, or payment of any claim or nonperformance of the Claims Administrator, the payment or withholding of taxes owed by the Settlement Fund, or any losses incurred in connection therewith. 37. “Recognized Losses” will be calculated in accordance with the formula shown below in the proposed Plan of Allocation, or as otherwise ordered by the Court. It is unlikely that a Class Member will get a payment for all of his, her or its Recognized Loss.

THE PROPOSED PLAN OF ALLOCATION 38. The objective of the Plan of Allocation is to equitably distribute the settlement proceeds to those Class Members who suffered economic losses as a proximate result of the alleged wrongdoing. In developing the Plan of Allocation, Plaintiffs’ damages expert calculated the amount of estimated alleged artificial inflation in the per share closing prices of FBF common stock on the date of the FBF-Summit Merger as well as during the Class Period, which was proximately caused by the alleged wrongdoing. In calculating the estimated alleged artificial inflation, Plaintiffs’ damages expert considered price changes of FBF common stock in

9 reaction to certain public announcements regarding FBF, adjusting for price changes that were attributable to market or industry forces, and the allegations in the Complaint and the evidence developed in support thereof, as advised by Class Counsel. 39. The Plan of Allocation generally measures the amount of loss that a Class Member can claim for purposes of making pro rata allocations of the cash in the Net Settlement Fund to Authorized Claimants. The Plan of Allocation is not a formal damage analysis. 40. In order to have recoverable damages, disclosure of the alleged misrepresentations or omission contained in the Registration Statement and Prospectus issued in connection with the FBF-Summit Merger must be the cause of the decline in the price of the FBF common shares. Alleged corrective disclosures that removed the artificial inflation from the prices of FBF common stock occurred only on and after December 19, 2001. Accordingly, in order to be eligible to share in the proceeds from the Settlement, the FBF stock received pursuant to the FBF-Summit Merger on or about March 1, 2001 must have been sold during the period from December 19, 2001 through November 6, 2003, inclusive, at a price lower than $41.00. 41. The Recognized Loss shall be calculated as follows: For each share of FBF common stock received in exchange for shares of Summit common stock pursuant to the FBF-Summit Merger and: a. sold prior to December 19, 2001, the Recognized Loss is zero; b. sold during the period from December 19, 2001 through November 6, 2003, the Recognized Loss is $41.00, less the sales prices per share; and c. held at the close of trading on November 6, 2003, the Recognized Loss is zero.

ADDITIONAL PROVISIONS OF THE PLAN OF ALLOCATION 42. The date of sale is the “contract” or “trade” date, as distinguished from the “settlement date.” 43. Prices received should be exclusive of commissions, taxes, and fees. 44. All profits represented by negative losses, computed in the manner described above, will be subtracted from any losses in order to determine the net Recognized Loss and market loss for each Authorized Claimant. 45. The Net Settlement Fund will be allocated among all eligible Class Members. Each Authorized Claimant’s Recognized Loss shall be the total of his, her, or its Recognized Loss Amounts as calculated above. Each Authorized Claimant shall be allocated his, her, or its pro rata share of the Net Settlement Fund based on his, her, or its Recognized Loss as compared to the total Recognized Losses of all Authorized Claimants. Each Authorized Claimant shall be paid an amount determined by multiplying the amount in the Net Settlement Fund by a fraction, the numerator of which shall be his, her, or its Recognized Loss and the denominator of which shall be the total Recognized Losses of all Authorized Claimants. If the prorated payment from the Net Settlement Fund calculates to less than $10.00, it will not be included in the calculation and it will not be distributed. 46. The amount of an Authorized Claimant’s Recognized Loss as computed above is not intended to be an estimate of what a Class Member might have been able to recover at trial, and it is not an estimate of the amount that will be paid pursuant to this Settlement. Instead, this computation is only a method to weigh Class Members’ claims against one another. Each Authorized Claimant will receive a pro rata share of the Net Settlement Fund based on his, her, or its Recognized Loss subject to the $10.00 threshold for payments from the Net Settlement Fund set forth above. 47. To the extent a Claimant had a market gain from his, her, or its overall transactions in FBF common stock acquired in the FBF-Summit Merger, the Recognized Loss will be zero. Such Claimants will in any event be bound by the Settlement. To the extent that a Claimant suffered an overall market loss on his, her, or its

10 overall transactions in FBF shares acquired in the FBF-Summit Merger, but that market loss was less than the Recognized Loss calculated above, then the Claimant’s Recognized Loss shall be limited to the amount of the actual market loss. 48. As noted above, after approval of the Settlement and the satisfaction of other conditions to the Settlement, and after all claims have been processed by the Claims Administrator, the Net Settlement Fund will be distributed to Authorized Claimants. If any funds remain in the Net Settlement Fund because of uncashed distributions or for other reasons, then, after the Claims Administrator has made reasonable and diligent efforts to have Authorized Claimants cash or claim their initial distribution, any balance remaining in the Net Settlement Fund six (6) months after the initial distribution shall be redistributed to Authorized Claimants who cashed their initial distribution and who would receive at least $10.00 from such redistribution after payment from the Net Settlement Fund of any unpaid costs or fees incurred in administering the funds, including for such redistribution. Additional redistributions to Authorized Claimants who have cashed their prior distribution checks and who would receive at least $10.00 on such additional redistributions, subject to the conditions previously noted, may occur thereafter if Class Counsel, in consultation with the Claims Administrator, determines that additional redistribution, after the deduction of any additional fees and expenses that would be incurred with respect to such redistributions, is cost-effective. At such time as it is determined that the redistribution of funds remaining in the Net Settlement Fund is not cost-effective, the remaining balance of the Net Settlement Fund shall be contributed to a non-sectarian, not-for-profit 501(c)(3) organization recommended by Class Counsel and approved by the Court. 49. Each Claimant shall be deemed to have submitted to the jurisdiction of the United States District Court for the District of New Jersey with respect to his, her, or its Proof of Claim.

WHAT RIGHTS AM I GIVING UP BY AGREEING TO THE SETTLEMENT?

50. If you are a Class Member, unless you exclude yourself, you will remain a member of the Class, and that means that you cannot sue, continue to sue, or be a part of any another lawsuit against the Settling Defendants or the other released Persons about the claims that are being released in this Settlement. It also means that all of the Court’s orders will apply to you and legally bind you, including with respect to the Released Claims. 51. If the Settlement is approved, the Court will enter a judgment (the “Judgment”). The Judgment will dismiss with prejudice the Action and will provide that Plaintiffs and each of the other Class Members who have not timely opted out of the Class, on behalf of themselves and their predecessors, successors, agents, legal representatives, heirs, executors, administrators, and assigns, shall have fully, finally, and forever released, relinquished, and discharged all Released Claims (as defined in ¶52 below) against the Released Parties (as defined in ¶53 below) whether or not such Class Member executes and submits a Proof of Claim. The Judgment will also provide that each of the Settling Defendants shall have fully, finally, and forever released, relinquished, and discharged all Released Parties (as defined in ¶53 below) against Plaintiffs, each of the other Class Members and their respective attorneys. 52. “Released Claims” means any and all claims, demands, rights, liabilities and causes of action (including “Unknown Claims” as defined herein) of any nature whatsoever, asserted under federal, state, common, local or foreign law (including, without limitation, claims under the Securities Exchange Act of 1934 and the Securities Act of 1933, any analogous state securities act, and common law) that Plaintiffs and/or any Class Members (a) asserted in the Complaint, or (b) could have asserted in any forum, that 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 Complaint and that relate to the exchange of Summit shares for FBF common stock in connection with the FBF-Summit Merger, except for claims relating to enforcement of the Settlement.

11 53. “Released Parties means (a) with respect to Defendants: Defendants, their respective present and former parents, subsidiaries, divisions and affiliates, the present and former employees, officers and directors of each of them, the present and former attorneys, accountants, auditors, advisors, trustees, administrators, fiduciaries, consultants, representatives, insurers, and agents of each of them, and the predecessors, heirs, successors and assigns of each of them (together, “Defendant Releasees”), and any Person or entity, which is or was related to or affiliated with any Defendant Releasee, or in which any Defendant Releasee has or had a controlling interest and the present and former employees, officers and directors, attorneys, accountants, auditors, advisors, trustees, administrators, fiduciaries, consultants, representatives, insurers, and agents of each of them (all, with Defendant Releasees,“Defendant Released Parties”); and (b) with respect to Plaintiffs: Plaintiffs and all other Class Members, their respective present and former parents, subsidiaries, divisions, affiliates, transferees and assigns, the present and former legal representatives, employees, officers and directors of each of them, the present and former attorneys, accountants, auditors, advisors, trustees, administrators, executors, fiduciaries, consultants, representatives, insurers, and agents of each of them, and the predecessors, heirs, successors and assigns of each, and Plaintiffs’ Counsel (together, the “Plaintiff Releasees”), any Person or entity in which any Plaintiff Releasee has or had a controlling interest, or which is or was related to or affiliated with any Plaintiff Releasee, and any Person or entity making claims (now or in the future) through or on behalf of any Plaintiff Releasee. 54. “Unknown Claims” means any Released Claims that any Plaintiff or Class Member does not know of or suspect to exist in his, her or its favor at the time of the release of Defendant Released Parties, and any Released Claim that any Released Party does not know or suspect to exist in his, her or its favor at the time of the release of the Plaintiff Releasees which, if known by him, her or it might have affected his, her or its decisions with respect to the Settlement including, with respect to Plaintiffs, his, her or its decision not to object to this Settlement or not to exclude himself, herself or itself from the Class. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date, Plaintiffs shall expressly waive, and each of the Class Members shall be deemed to have and by operation of the Judgment shall have expressly waived, the provisions, rights and benefits of California Civil Code §1542 and any provisions, rights and benefits conferred by any law of any state or territory of the United States or principle of common law, 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. Plaintiffs and Class Members may hereafter discover facts in addition to or different from those that any of them now knows or believes to be true with respect to the subject matter of the Released Claims, but each Plaintiff shall expressly, and each Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have fully, finally and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, reckless, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts. Plaintiffs and Defendants acknowledge, and the Class Members shall be deemed to have acknowledged, and by operation of the Judgment shall have acknowledged, that the foregoing waiver was separately bargained for and a key element of the Settlement of which this release is a part.

WHAT PAYMENT ARE THE ATTORNEYS FOR THE CLASS SEEKING? HOW WILL THE LAWYERS BE PAID?

55. Class Counsel have not received any payment for their services in pursuing claims against the Defendants on behalf of the Class, nor have they been reimbursed for their litigation expenses. Before final approval of the Settlement, Class Counsel will apply to the Court for an award of attorneys’ fees in an amount

12 not to exceed 25% of the Settlement Fund. At the same time, Class Counsel also intend to apply for expenses incurred in connection with the prosecution and resolution of the Action in an amount not to exceed $900,000, which may include the reasonable costs and expenses of Class Representatives directly related to their representation of the Class, plus interest on such expenses at the same rate as earned on the Settlement Amount. 56. Any attorneys’ fees and expenses awarded by the Court to Plaintiffs’ Counsel shall be paid from the Settlement Fund. Class Members will not be charged directly for any fees or expenses awarded to Class Counsel.

HOW DO I PARTICIPATE IN THE SETTLEMENT? WHAT DO I NEED TO DO?

57. If you are a Class Member, as described above, you must submit a Proof of Claim and supporting documentation to establish your entitlement to share in the Settlement. A Proof of Claim is included with this Notice. You may download additional copies of the Proof of Claim from the website maintained by the Claims Administrator for the Settlement. The website is www.berdonclaims.com . You may also request a Proof of Claim by calling toll-free 800-766-3330. Those who exclude themselves from the Class, and those who do not submit timely and valid Proofs of Claim with adequate supporting documentation will not be entitled to share in the Settlement. Please retain all records of your ownership of, or transactions in, FBF common stock, as they may be needed to document your Claim. 58. As a Class Member, you are represented by Plaintiffs and Class Counsel, unless you enter an appearance through counsel of your own choice at your own expense. You are not required to retain your own counsel, but if you choose to do so, such counsel must file a notice of appearance on your behalf and must serve copies of his or her notice of appearance on the attorneys listed in ¶65 below. 59. If you do not wish to remain a Class Member, you may exclude yourself from the Class by following the instructions in the section entitled, “What If I Do Not Want To Be A Part Of The Settlement? How Do I Exclude Myself?,” located on page 13 below. 60. If you wish to object to the Settlement or any of its terms, the proposed Plan of Allocation, or Class Counsel’s application for an award of attorneys’ fees and expenses, and if you do not exclude yourself from the Class, you may present your objections by following the instructions in the section entitled, “When And Where Will The Court Decide Whether To Approve The Settlement? Do I Have To Come To The Hearing? May I Speak At The Hearing If I Don’t Like The Settlement?,” located on page 14 below.

WHAT IF I DO NOT WANT TO BE A PART OF THE SETTLEMENT? HOW DO I EXCLUDE MYSELF?

61. Each Class Member will be bound by all determinations and judgments in this lawsuit, including those concerning the Settlement, whether favorable or unfavorable, unless such Person or entity mails or otherwise delivers a written Request for Exclusion from the Class, addressed to:

Summit/FBF Securities Litigation – Exclusions c/o Berdon Claims Administration LLC P.O. Box 9014 Jericho, NY 11753-8914

The exclusion request must be postmarked no later than November 15, 2011 . You will not be able to exclude yourself from the Class after that date. Each Request for Exclusion must: (a) state the name, address, and telephone number of the Person or entity requesting exclusion; (b) state that such Person or entity requests exclusion from the Class in the action entitled, “Conditionally Certified Class of Former Summit Bancorp Shareholders v. FleetBoston Financial Corporation, et al.,” Civil Action No. 2:08-cv-04947-GEB-MCA; (c) be

13 signed personally by the Person or, in the case of an entity, by an officer, director, partner or individual holding a similar position of such entity, requesting exclusion; and (d) provide the number(s) of shares acquired in the FBF-Summit Merger and sales of FBF common stock during the Class Period, including numbers of shares sold, prices, and dates sold. Requests for Exclusion will not be valid unless they are postmarked as of the date stated above and contain all the information noted above, unless the Court otherwise determines. Please keep a copy of everything that you send to the Claims Administrator. 62. If you do not want to be part of the Class, you must follow these instructions for exclusion even if you have pending, or later file, another lawsuit, arbitration, or other proceeding relating to any Released Claims. If you have a pending lawsuit against any of the Released Parties, you should consult with your lawyer in that action immediately. 63. If a Person or entity requests to be excluded from the Class, that Person or entity will not receive any benefit provided for in the Stipulation and that Person or entity may not object to the Settlement, the Plan of Allocation, or the attorneys’ fee and expense application. If a Person or entity excludes himself, herself, or itself, settlement of the Action will not prevent he, she, or it from suing, continuing to sue, or being part of a different lawsuit asserting the claims being released in this Settlement against the Settling Defendants and the other Released Parties.

WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT? DO I HAVE TO COME TO THE HEARING? MAY I SPEAK AT THE HEARING IF I DON’T LIKE THE SETTLEMENT?

64. The Settlement Hearing will be held on November 29, 2011, at 10:00 a.m., before the Honorable Garrett E. Brown, Jr., Courtroom 4E, at the Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, New Jersey. 65. Any Class Member who does not request exclusion from the Class may object to the proposed Settlement, the Judgment to be entered approving the Settlement, the Plan of Allocation, and/or Class Counsel’s request for an award of attorneys’ fees and expenses. Objections must be in writing. You must file any written objection, together with copies of all other papers and briefs, with the Clerk’s Office at the United States District Court for the District of New Jersey at the address set forth below on or before November 15, 2011. You must also serve the papers on Class Counsel and Settling Defendants’ Counsel at the addresses set forth below so that the papers are received on or before November 15, 2011.

Clerk’s Office Class Counsel Settling Defendants’ Counsel Clerk of the Court Ellen Gusikoff Stewart Mitchell A. Lowenthal United States District Court Robbins Geller Rudman Jeffrey A. Rosenthal District of New Jersey & Dowd LLP Cleary Gottlieb Steen & Clarkson S. Fisher Bldg. & 655 W. Broadway, Suite 1900 Hamilton LLP U.S. Courthouse San Diego, CA 92101 One Liberty Plaza 402 East State St., Rm. 2020 New York, NY 10006 Trenton, NJ 08608 Howard T. Longman Stull, Stull & Brody 6 East 45th Street New York, NY 10017 and Richard A. Acocelli Weiss & Lurie 1500 Broadway, 16th Floor New York, NY 10036

14 66. Your written objection must: (a) state your name, address, and telephone number; (b) include a statement of the reason(s) for your objection; and (c) include proof of all of your purchases, acquisitions, and sales of FBF common stock during the Class Period and the price(s) paid and received. You may not object to the Settlement or any aspect of it if you excluded yourself from the Class. 67. You may file a written objection without having to appear at the Settlement Hearing. Unless the Court orders otherwise, you may not appear at the Settlement Hearing to present your objection, unless you first file and serve a written objection in accordance with the procedures described above. 68. If you wish to be heard orally at the Settlement Hearing in opposition to the approval of the Settlement, the Plan of Allocation, or Class Counsel’s request for an award of attorneys’ fees and expenses, and if you have filed and served a timely written objection as described above, you also must notify the above counsel on or before November 15, 2011 concerning your intention to appear. Persons who intend to object and desire to present evidence at the Settlement Hearing must include in their written objections the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Settlement Hearing. 69. You are not required to hire an attorney to represent you in making written objections or in appearing at the Settlement Hearing. If you decide to hire an attorney, it must be at your own expense, and he or she must file a notice of appearance with the Court and serve it on Class Counsel and Settling Defendants’ Counsel so that the notice is received on or before November 15, 2011. 70. You do not need to attend the Settlement Hearing, unless you wish to object in person to the proposed Settlement, the proposed Plan of Allocation, or the application for an award of attorneys’ fees and expenses. You can object to, or participate in, the Settlement without attending the Settlement Hearing. Class Members do not need to appear at the Settlement Hearing or take any other action to indicate their approval. 71. The Settlement Hearing may be adjourned by the Court without further written notice to the Class. If you intend to attend the Settlement Hearing, you should confirm the date and time with Class Counsel. 72. Unless the Court orders otherwise, any Class Member who does not object in the manner described above will be deemed to have waived any objection and shall be forever foreclosed from making any objection to the proposed Settlement, the proposed Plan of Allocation, or Class Counsel’s request for an award of attorneys’ fees and expenses.

WHAT IS THE DIFFERENCE BETWEEN EXCLUDING YOURSELF FROM THE CLASS AND OBJECTING TO THE SETTLEMENT?

73. Objecting is simply telling the Court that you do not like something about the Settlement, the Plan of Allocation, or the application for an award of attorneys’ fees and expenses. You can object only if you are a member of the Class. Excluding yourself from the Class is telling the Court that you do not want to be a part of the Settlement. If you exclude yourself from the Class you have no basis to object because the case no longer affects you.

WHAT IF I EXCHANGED SHARES ON SOMEONE ELSE’S BEHALF?

74. If you acquired FBF common stock pursuant to the FBF-Summit Merger during the Class Period for the beneficial interest of Persons other than yourself, then postmarked no later than 14 days after you receive this Notice and Proof of Claim and Release (“Notice”), you must either: (a) send a copy thereof to each beneficial owner of such shares, or (b) provide the names and addresses of such Persons to the Claims Administrator, who will send a copy of the Notice to the beneficial owners. Upon full compliance with these directions, such nominees may seek reimbursement of their reasonable expenses actually incurred, by

15 providing the Claims Administrator with proper documentation supporting the expenses for which reimbursement is sought. All communications with the Claims Administrator in connection with the above should be made to:

Summit/FBF Securities Litigation c/o Berdon Claims Administration LLC P.O. Box 9014 Jericho, NY 11753-8914 Toll-Free Phone: 800-766-3330 Fax: 516-931-0810 Website: www.berdonclaims.com

Copies of this Notice and Proof of Claim may also be downloaded from the Claims Administrator’s website.

CAN I SEE THE COURT FILE? WHO SHOULD I CONTACT IF I HAVE QUESTIONS?

75. This Notice contains only a summary of the terms of the proposed Settlement. More detailed information about the matters involved in the Action is available at www.berdonclaims.com , including, among other documents, copies of the Stipulation and the Proof of Claim. All inquiries concerning this Notice or the Proof of Claim should be directed to Class Counsel at the addresses set forth in ¶65 above or to the Claims Administrator as set forth above in ¶74.

DO NOT CALL THE COURT OR THE OFFICE OF THE CLERK OF COURT REGARDING THIS NOTICE.

Dated: September 20, 2011 By Order of the Clerk of Court