November 28, 2023
LEGAL NOTICE
ATTENTION PURCHASERS OF BAYER AKTIENGESELLSCHAFT (“BAYER”) AMERICAN DEPOSITARY RECEIPTS BETWEEN MAY 23, 2016 AND JULY 6, 2020
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES THAT PURCHASED OR OTHERWISE ACQUIRED BAYER AMERICAN DEPOSITARY RECEIPTS FROM MAY 23, 2016 TO JULY 6, 2020, INCLUSIVE (THE “CLASS”).
YOU ARE HEREBY NOTIFIED THAT A CLASS HAS BEEN CERTIFIED IN PENDING LITIGATION THAT MAY AFFECT YOUR RIGHTS.
If you are a member of the Class described above, your rights may be affected by the lawsuit referred to as Sheet Metal Workers’ National Pension Fund, et al. v. Bayer Aktiengesellschaft, et al., No. 3:20-cv-04737-RS, which is now pending before the United States District Court for the Northern District of California (the “Court”), brought by Lead Plaintiffs Sheet Metal Workers’ National Pension Fund (“Sheet Metal Workers”) and International Brotherhood of Teamsters Local No. 710 Pension Fund (“Teamsters 710”), along with additional named plaintiff International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (collectively with Sheet Metal Workers and Teamsters 710, “Plaintiffs”), against Bayer Aktiengesellschaft and Individual Defendants Werner Baumann, Werner Wenning, Liam Condon, Johannes Dietsch, and Wolfgang Nickl (collectively, “Defendants”).
The Court determined that the Action may proceed as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. You may be a member of the Class. Excluded from the Class are Defendants, directors and officers of Bayer, and their families and affiliates. Additionally, any person or entity that timely and validly requests exclusion, as explained in this Notice, will be excluded from the Class.
This Notice is not an expression of any opinion by the Court with respect to the merits of the claims or the defenses asserted in the Action. At this time, there is no judgment, settlement, or monetary recovery. This Notice is merely to advise you of the pendency of this Action and of your rights therein.
If you have not yet received the “Notice of Pendency of Class Action” which describes the Class Action and your related rights in detail, you may obtain a copy by writing to:
Bayer ADR Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173084
Milwaukee, WI 53217
1 (800) 524-0614
You may also view the full “Notice of Pendency of Class Action” at www.BayerADRSecuritiesLitigation.com.
If you fall within the definition of the Class set forth above, you are a member of the Class. IF YOU WISH TO REMAIN A MEMBER OF THE CLASS, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME.
If you wish to be excluded from the Class, you must send a request for exclusion to Bayer ADR Securities Litigation, EXCLUSIONS, P.O. Box 173001, Milwaukee, WI 53217, postmarked no later than January 29, 2024. There are specific requirements for requesting exclusion that are set forth in the detailed Notice of Pendency of Class Action.
In addition, inquiries regarding this litigation may be addressed to:
LEAD COUNSEL: COHEN MILSTEIN SELLERS & TOLL PLLC
Carol V. Gilden
Cohen Milstein Sellers & Toll PLLC
190 South LaSalle Street, Suite 1705
Chicago, IL 60603
Telephone: (312) 629-3737
Fax: (312) 357-0369
Chris Lometti
Benjamin F. Jackson
Cohen Milstein Sellers & Toll PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
Fax: (212) 838-7745
PLEASE DO NOT CALL THE COURT, THE DISTRICT CLERK’S OFFICE, OR DEFENDANTS REGARDING THIS NOTICE.
Dated: November 28, 2023 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA