HomeMy WebLinkAboutItem S3 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, September 9, 2025 11:50 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Powell-Barbara
Subject: ADD-ON Item S3 09/10/2025 BOCC Meeting
Attachments: AIS 4545 S3 WITH BACKUP.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval of settlement agreement in the matter of the New National Opioids Settlement:Purdue, Reference No. CL-
1747970, and authorization for the County Attorney or his designee to sign all necessary documents."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S3.
Sincerely,
)V,rystaC crovuez
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street,Suite 2-20S
Key West, FL 33040
Office:30S-292-4441
Cell:30S-8SO-8694
Courier Stop#1
Notary Public
www.ri"ioriroeco�,,iirity.-fu..gov
gorriez..kry:st,, 1.@ri"ioriroeco�,,iirity..-fl..gov
,.airity..fl.gov
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
S3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
September 10, 2025
Agenda Item Number: S3
2023-4545
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Anjelica Harden-Ivanoski
N/A
AGENDA ITEM WORDING: Approval of settlement agreement in the matter of the New National
Opioids Settlement: Purdue, Reference No. CL-1747970, and authorization for the County Attorney or
his designee to sign all necessary documents.
ITEM BACKGROUND:
This item seeks approval of the Thirteenth Amended Joint Chapter 11 Plan of Reorganization of the
Purdue Pharma L.P. and its Affiliated Debtors for Class 4 Non-Federal Domestic Governmental
Claims. The court requires the Individual Ballot be submitted prior to 09/30/2025.
PREVIOUS RELEVANT BOCC ACTION:
09/10/2025: BOCC approved plan for FY 2026
09/11/2024: BOCC approved plan for FY 2025
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to execute Settlement Agreement.
DOCUMENTATION:
Purdue Opioid Settle ent.pdf
national_opioid_settlement_notice_settlement_overview.pdf
Form of Individual Ballot.pdf
1
FINANCIAL IMPACT:
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Docusign Envelope ID:2136ED19B-7Al2-45A1-86A7-04D51AA871E0
New National Opioids Settlement: Purdue
Opioids Implementation Administrator
MONROE COUNTY, FL
Reference Number: CL-1747970
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
Deadline: September 30, 2025
A new proposed national opioids settlement has been reached with Purdue (and
certain of its affiliates) and the Sackler family. This Participation Package is a follow-
up communication to the Notice of New National Opioids Settlement recently received
electronically by your subdivision.
The proposed settlement is being implemented in connection with Purdue's
bankruptcy proceedings, and consists of, among other things, a settlement of
Purdue's claims against the Sacklers and certain other parties (referred to as the
""Purdue Estate Settlement"), and settlements of direct claims against the Sacklers
held by States, local governments and other creditors (collectively, the""Purdue Direct
Settlement", and together with the Estate Settlement, the"'Purdue Settlement"). The
Purdue Direct Settlement for States and local governments is documented in the
Governmental Entity and Shareholder Direct Settlement Agreement.
You are receiving this Participation Package because all eligible States and territories,
including the State of Florida, are participating in the Purdue Direct Settlement.
This electronic envelope contains:
• The Participation Form for the Purdue Direct Settlement, including a release of
any claims
The Participation Form must be executed, without alteration, and submitted
on or before September 30, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Purdue Direct Settlement.
Based upon subdivision participation forms received on or before September 30,
2025, the subdivision participation rate will be used to determine whether
participation is sufficient for the Purdue Settlement to move forward and whether a
state earns its maximum potential payment under the Purdue Direct Settlement. If
the Purdue Settlement moves forward and goes effective, your release will become
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Docusign Envelope ID:2B6ED19B-7Al2-45A1-86A7-04D51AA871E0
effective. If the Purdue Settlement does not move forward, that release will not
become effective.
Any subdivision that does not participate in the Purdue Direct Settlement cannot
directly share in the Purdue Direct Settlement funds, even if other subdivisions in the
state are participating and sharing in those Purdue Direct Settlement funds. Any
subdivision that does not participate may also reduce the amount of money for
programs to remediate the opioid crisis in its state. Please note, a subdivision will not
necessarily directly receive Purdue Settlement funds by participating; decisions on
how Purdue Settlement funds will be allocated within a state are subject to intrastate
agreements or state statutes.
You are encouraged to discuss the terms and benefits of the Purdue Settlement with
your counsel, your Attorney General's Office, and other contacts within your state.
Many states are implementing and allocating funds for the Purdue Settlement the
same as they did for the prior opioids settlements but states may choose to treat the
Purdue Settlement differently.
Information and documents regarding the Purdue Settlement, including a complete
copy of the Governmental Entity and Shareholder Direct Settlement Agreement, and
how it is being implemented in your state and how funds will be allocated within your
state can be found on the national settlement website at
htt s: inatlioinallo liolidsettlleirneint.coirn uir°due sadders settllements . This website
.................
will be supplemented as additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Form and any
supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Participation Form
electronically through DocuSign will return the signed form to the
Implementation Administrator and associate your form with your subdivision's
records. Electronic signature is the most efficient method for returning the
Participation Form, allowing for more timely participation and the potential to
meet higher settlement payment thresholds, and is therefore strongly
encouraged.
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to complete
all fields. As with electronic signature, returning a manually signed
Participation Form via DocuSign will associate your signed forms with your
subdivision's records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return an executed Participation Form using DocuSign, the signed Participation
Form may be returned via electronic mail to qp.ic?..'„ds.. .a..Ir;,;,ii ;..lilt . ..�,..c.)..11) a 11°° I12 ar;J ,, ;g-llm1.
4
Docusign Envelope ID:2136ED1913-7Al2-45A1-86A7-04D51AA871E0
Please include the name, state, and reference ID of your subdivision in the
body of the email and use the subject line Settlement Participation Form -
[Subdivision Name, Subdivision State] - [Reference ID].
Detailed instructions on how to sign and return the Participation Form, including
changing the authorized signer, can be found at
h.:It s„ inatlioinallo liolidsettlleirneint.coirn uir°due sadders settlements . You may also
contactc..)..112.1.c..�:�.. .1 , ,ir:::�':':.9..:w.11..11 . :�i„ ii .ii°:'.:..Il ,i1:J .;.(.:; ii ..
YOU MUST PARTICIPATE IN THE PURDUE DIRECT SETTLEMENT BY
RETURNING YOUR PARTICIPATION FORM IN ORDER TO RECEIVE THE
BENEFITS OF THE PURDUE SETTLEMENT.
Please note that this is NOT a solicitation or a request for subdivisions to
submit votes on the Purdue bankruptcy plan. This settlement package only
pertains to a decision to participate in the Purdue Direct Settlement. If you
receive a package to vote on the plan you should follow the applicable
instructions for voting. PLEASE NOTE THAT VOTING ON THE PLAN IS
SEPARATE FROM PARTICIPATION IN THE PURDUE DIRECT SETTLEMENT.
The sign-on period for subdivisions ends on September 30, 2025.
If you have any questions about executing the Participation Form, please contact
your counsel, the Implementation Administrator at
.II ..ii.. ja.':'. .11 . .it:::;:a; :il..11 .::........................f .paL,f.Ib .iC:ai. .;,_�:;.oim�,.
Thank you,
Implementation Administrator for the Purdue Direct Settlement
The Implementation Administrator is retained to provide the settlement notice
required by the Purdue Direct Settlement to manage the collection of the participation
forms for it.
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Docusign Envelope ID:2136ED19B-7Al2-45A1-86A7-04D51AA871E0
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: MONROE COUNTY State: FL
Authorized Signatory:
Address 1:
Address 2:
City, State,Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the "Agreement")', and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1. The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
Released Claims pending in In re National Prescription Opiate Litigation,MDL No. 2804,
the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in the form found at https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement
solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as and to the extent provided in, and for resolving disputes to the extent provided in, the
'Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or,if not defined in the Agreement,the Master Settlement Agreement.
0K-1 %P3
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Docusign Envelope ID:2136ED19B-7Al2-45A1-86A7-04D51AA871E0
Agreement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity,as a Participating Subdivision,hereby becomes a Releasor for all
purposes in the Agreement, including without limitation all provisions of Article 10
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action,including,without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii)the Estates, (iii)the Chapter 11 Cases, or(iv) Covered Conduct and(B)as to
which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is
otherwise a legally relevant factor (each such release, as it pertains to the Shareholder
Released Parties, the "Shareholder Released Claims", and as it pertains to the Released
Parties other than the Shareholder Released Parties, the "Released Claims"). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors(whether or not such party has brought such action or proceeding)in
any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i)the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file,or claim,or to cause,assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term "Shareholder Released
�i
K-2 0 .
7
Docusign Envelope ID:2B6ED19B-7Al2-45A1-86A7-04D51AA871E0
Claims" and "Released Claims") are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be a
complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity's power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
§ 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that,if known by him or her,would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release that may exist as of such date but which Releasors do not know or
suspect to exist,whether through ignorance,oversight,error,negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities'
decision to participate in the Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of, or bar against,liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A)release any Excluded Claims or(B)be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
�i
K-3
o �
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Docusign Envelope ID:2136ED19B-7Al2-45A1-86A7-04D51AA871E0
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
0 ap
K-4
9
National Opioid Settlement: Purdue Pharma L.P.
Rubris Reference Number: CL-1747970
T1111iu1' A/0,0,170- 0_"f 1A11/7"I 111141^u 111110, IIII1,0 0 4i,1'170,1A/ ,1[10 01/'/'"I AIET1
PURDUE PHARMA L.P. & SACKLER FAMILY SETTLEMENT OVERVIEW
A proposed nationwide settlement agreement has been reached with Purdue (and certain of its
affiliates) and the Sackler family concerning alleged misconduct related to opioids.
The proposed settlement is being implemented in connection with Purdue's bankruptcy proceedings,
and consists of, among other things, a settlement of Purdue's claims against the Sacklers and certain
other parties (referred to as the "Estate Settlement"), and a settlement of direct claims against the
Sacklers held by States, local governments and other creditors (the "Direct Settlement", and together
with the Estate Settlement, the "Settlement"). The Settlement contemplates that the Sacklers will be
paying an aggregate of $6.5 billion in 16 payments over 15 years, including $1.5 billion on the
settlement's Effective Date (expected to be in 2026), though some amounts are subject to discounted
prepayments. These amounts are in addition to amounts available from the Purdue estate including
amounts available on the Effective Date(expected to be around$900 million)and amounts that may be
paid in the future.
The Settlement also contains injunctive relief governing opioid dispensing practices and requires the
successor-in-interest of Purdue Pharma L.P. to implement safeguards to prevent diversion of
prescription opioids, and also restrict certain Sacklers from directly or indirectly engaging in the
manufacturing or sale of opioids, as detailed in the Settlement.
The proposed settlement has two key participation steps now that all eligible states and territories
elected to participate in the Direct Settlement.
First, eligible subdivisions within each participating state decide whether to participate in the Direct
Settlement. The Direct Settlement is documented in the Governmental Entity and Shareholder Direct
Settlement Agreement, which is commonly referred to as the "GESA". The more subdivisions that
participate, the more funds flow to that state and its subdivisions. Any subdivision that does not
participate cannot directly share in any of the Direct Settlement funds, even if the subdivision's state is
settling and other participating subdivisions are sharing in settlement funds.
YOU MUST PARTICIPATE IN THE DIRECT SETTLEMENT BY RETURNING YOUR
PARTICIPATION FORM IN ORDER TO RECEIVE THE BENEFITS OF THE
SETTLEMENT.
Second, concurrently with the solicitation of eligible subdivisions to participate in the Direct
Settlement, votes will be solicited for approval of Purdue Pharma L.P.'s bankruptcy plan, which plan
will provide distributions in respect of the Estate Settlement. NOT ALL SUBDIVISIONS ELIGIBLE
TO PARTICIPATE IN THE SETTLEMENT WILL RECEIVE PACKAGES TO VOTE ON THE
PLAN.
Please note that this is NOT a solicitation or a request for subdivisions to submit votes on the
Purdue bankruptcy plan.This settlement package only pertains to a decision to participate in the
Direct Settlement with the Sacklers.
10
If you receive a package to vote on the plan you should follow the applicable instructions for voting.
PLEASE NOTE THAT VOTING ON THE PLAN IS SEPARATE FROM PARTICIPATION IN THE
DIRECT SETTLEMENT. IT IS NOT NECESSARY TO VOTE ON THE PLAN IN ORDER TO
RECEIVE THE BENEFITS OF THE SETTLEMENT.
WHO IS RUBRIS INC.AND WHAT IS THE IMPLEMENTATION
ADMINISTRATOR?
The Direct Settlement provides that an Implementation Administrator will provide notice and manage
the collection of participation forms. Rubris Inc. is the Implementation Administrator for the Direct
Settlement and was also retained for the prior national opioid settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in the Settlement, and therefore your subdivision may participate in
the Direct Settlement. This notice is also being sent directly to counsel for such subdivisions if the
Implementation Administrator has their information.
If you are represented by an attorney with respect to opioid claims,please contact them. Subdivisions
can participate in the Settlement whether or not they filed a lawsuit or are represented.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement, including each settlement agreement, may be found at:
hLVs://nationalopioidsettlement.com/purdue-sacklers-settlements/. This website will be updated to
include information about how the Settlement is being implemented in most states and how funds will
be allocated within your state.
You are encouraged to review the terms of the settlement agreements and discuss the terms and benefits
with your counsel,your Attorney General's Office, and other contacts within your state.
Your subdivision will need to decide whether to participate in the proposed Settlement, and
subdivisions are encouraged to work through this process before the September 30,2025 deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENT?
The Settlement requires that you take affirmative steps to "opt in"to the Settlement.
In the next few weeks, you will receive documentation and instructions from the Implementation
Administrator. In order to participate in the settlement, a subdivision must sign and return the required
documentation.
Please add the following email addresses to your"safe"list so emails do not go to spam/junk folders:
dse_na3@adocusign.net and opioidsparticipation@arubris.com. Please monitor your email for the
Participation Form and instructions.
All required documentation must be signed and returned on or before September 30,2025.
- 2 -
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Exhibit 2B
Form of Individual Ballot
Class 4 - Non-Federal Domestic Governmental Claims
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Pg 60 of 690
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re: ) Chapter 11
PURDUE PHARMA L.P.,et al.,' ) Case No. 19-23649 (SHL)
Debtors. ) (Jointly Administered)
BALLOT FOR VOTING TO ACCEPT OR REJECT
THE THIRTEENTH AMENDED JOINT CHAPTER 11 PLAN OF REORGANIZATION
OF PURDUE PHARMA L.P. AND ITS AFFILIATED DEBTORS
CLASS 4: NON-FEDERAL DOMESTIC GOVERNMENTAL CLAIMS
Please read and follow the enclosed instructions carefully before completing the ballot. This
ballot is being sent to you to solicit your vote on the Debtors' Plan of Reorganization.
THIS BALLOT MUST BE COMPLETED, EXECUTED AND RETURNED SO AS TO BE
ACTUALLY RECEIVED BY KROLL RESTRUCTURING ADMINISTRATION LLC
("KROLL" OR THE "SOLICITATION AGENT") BY 4:00 P.M. (PREVAILING
EASTERN TIME) ON [SEPTEMBER 30, 2025] (THE "VOTING DEADLINE").
The Solicitation Agent, on behalf of Purdue Pharma L.P. ("Purdue Pharma"), its general
partner Purdue Pharma Inc., and Purdue Pharma's wholly owned direct and indirect subsidiaries,
as debtors and debtors in possession (collectively, the "Debtors"), is soliciting votes to accept or
reject the Thirteenth Amended Joint Chapter 11 Plan of Reorganization of Purdue Pharma L.P.
and Its Affiliated Debtors, dated March 19, 2025 [D.I. 7306] (together with all schedules and
exhibits thereto,and as may be modified, amended or supplemented from time to time,the"Plan"2)
from the Holders of certain Impaired Claims against the Debtors.
You are receiving this ballot (the `Ballot") because our records indicate that you have
asserted a Claim against the Debtors as of [May 12, 2025] (the "Voting Record Date"). Your
' The Debtors in these cases, along with the last four digits of each Debtor's registration number in the applicable
jurisdiction, are as follows: Purdue Pharma L.P. (7484), Purdue Pharma Inc. (7486), Purdue Transdermal
Technologies L.P.(1868),Purdue Pharma Manufacturing L.P.(3821),Purdue Pharmaceuticals L.P. (0034),Imbrium
Therapeutics L.P.(8810),Adlon Therapeutics L.P.(6745),Greenfield BioVentures L.P.(6150),Seven Seas Hill Corp.
(4591), Ophir Green Corp. (4594), Purdue Pharma of Puerto Rico (3925), Purdue Products L.P. (4140), Purdue
Pharmaceutical Products L.P. (3902),Purdue Neuroscience Company (4712),Nayatt Cove Lifescience Inc. (7805),
Button Land L.P. (7502),Rhodes Associates L.P. (N/A),Paul Land Inc. (7425),Quidnick Land L.P. (7584),Rhodes
Pharmaceuticals L.P.(6166),Rhodes Technologies(7143),UDF LP(0495),SVC Pharma LP(5717)and SVC Pharma
Inc.(4014). The Debtors'corporate headquarters is located at One Stamford Forum,201 Tresser Boulevard,Stamford,
CT 06901.
2 Capitalized terms used but not defined herein have the meanings ascribed to such terms in the Plan or the Disclosure
Statement& Solicitation Procedures Order(as defined herein),as applicable.
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Claim is classified under the Plan in Class 4 (Non-Federal Domestic Governmental Claims).
Except as otherwise set forth in the Bar Date Order, all timely filed Claims have been deemed filed
against the Debtors, and, therefore, you are being solicited to vote to accept or reject the Plan as
provided in Item 2 below on account of your Class 4 Claim.
The rights of Holders of Claims in Class 4 are described in the Disclosure Statement for
the Plan,filed on March 19, 2025 [D.I. 7307] (together with all schedules and exhibits thereto, and
as may be modified, amended or supplemented from time to time, the"Disclosure Statement")and
the Bankruptcy Court's order approving the Disclosure Statement and related solicitation
procedures [D.I. [•]] (the "Disclosure Statement & Solicitation Procedures Order"). The
Solicitation Package you are receiving with this Ballot provides instructions detailing how to
access electronic versions, request hard copies or request flash-drive format versions of each of
the Disclosure Statement & Solicitation Procedures Order as entered by the Bankruptcy Court
(without any exhibits), the Disclosure Statement as approved by the Court(with the Plan annexed
thereto) and a letter from the Official Committee of Unsecured Creditors (such letter, the
"Creditors' Committee Letter"). If you would like to obtain additional solicitation materials, free
of charge, you may contact the Solicitation Agent by (i) visiting the Debtors' case website at
https:Hrestructuring.ra.kroll.com/purduepharma; (ii)writing Purdue Pharma Ballot Processing, c/o
Kroll Restructuring Administration LLC, 850 3rd Avenue, Suite 412, Brooklyn, NY 11232;
(iii) emailing purduepharmainfo@ra.kroll.com (with "Purdue Pharma Solicitation Inquiry" in the
subject line) or(iv) calling the Solicitation Agent at(844)217-0912 (U.S./Canada,toll-free) or+1
(347) 859-8093 (if calling from outside the U.S. or Canada). You may also access these materials
for a fee via PACER at https://www.nysb.uscourts.gov/.
Pursuant to the Disclosure Statement & Solicitation Procedures Order, the Bankruptcy
Court has approved the Disclosure Statement as containing adequate information under
section 1125 of the Bankruptcy Code. Bankruptcy Court approval of the Disclosure Statement
does not indicate approval of the Plan by the Bankruptcy Court. This Ballot may not be used for
any purpose other than to vote to accept or reject the Plan. If you believe that you have received
this Ballot in error, please contact the Solicitation Agent at the address or telephone numbers set
forth above.
For your vote to be counted, this Ballot must be properly completed, signed and
returned to the Solicitation Agent so that it is actually received by the Solicitation Agent no
later than 4:00 p.m. (prevailing Eastern Time) on [September 301, 2025.
If a controversy arises regarding whether any Claim is properly classified under the Plan,
the Bankruptcy Court shall, upon proper motion and notice, determine such controversy at the
Confirmation Hearing. If the Bankruptcy Court finds that the classification of any Claim is
improper, then such Claim shall be reclassified and the Ballot previously cast by the Holder of
such Claim shall be counted in, and the Claim shall receive the treatment prescribed in, the Class
in which the Bankruptcy Court determines such Claim should have been classified, without the
necessity of resoliciting any votes on the Plan. Notwithstanding the fact that your Claim would
otherwise satisfy the definition of another type of Claim, or your receipt of a ballot or notice,which
identifies your Claim as belonging to a specific Class for voting and distribution purposes, any
Claim that satisfies the definition of Co-Defendant Claims under Sections 1.1 and 4.17 of the Plan
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shall be a Co-Defendant Claim and any Claim that satisfies the definition of an Other Subordinated
Claim under Sections 1.1 and 4.18 of the Plan shall be an Other Subordinated Claim.
If you have any questions on how to properly complete this Ballot,please contact the Solicitation
Agent at(844) 217-0912 (U.S./Canada, toll-free) or+1 (347) 859-8093 (international) or by
email at purduepharmainfo@ra.kroll.com (with"Purdue Pharma Solicitation Inquiry" in the
subject line). You may also contact the Creditors' Committee with any questions at
PurdueCreditorInfo@AkinGump.com. THE SOLICITATION AGENT AND THE
CREDITORS' COMMITTEE ARE NOT AUTHORIZED TO,AND WILL NOT,
PROVIDE YOU WITH LEGAL ADVICE.
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IMPORTANT NOTICE REGARDING CERTAIN RELEASES(INCLUDING THIRD-PARTY
RELEASES), EXCULPATION, INJUNCTION AND CHANNELING INJUNCTION
PROVISIONS IN THE PLAN:
Sections 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12 and 10.13 of the Plan contain release, shareholder
release, exculpation,injunction, channeling injunction,MDT Insurer injunction, Settling MDT Insurer
injunction and shareholder channeling injunction provisions. Thus, you are advised to review and
consider the Plan, the Disclosure Statement and the Creditors' Committee Letter carefully. Below is
a summary of the release provisions. For the avoidance of doubt, to the extent any provision of this
notice conflicts with the terms of the Plan, the terms of the Plan will control. Capitalized terms used
below have the meanings ascribed to such terms in the Plan.
Pursuant to the Plan, certain Releasing Parties are releasing (1)the Released Parties and (ii)the
Shareholder Released Parties from certain Claims and Causes of Action.
The Releasing Parties include, collectively, (1)the Supporting Claimants, solely in their respective
capacities as such, (ii)the Opt-In Settling Creditors, (iii) the Settling Co-Defendants, (iv)with respect
to each of the Persons in the foregoing clauses(1)through(iii),each of their Related Parties and(v) each
of the Debtors' Related Parties, in each case, other than any Shareholder Released Party.
The Released Parties include, collectively, (1)the Debtors, (ii) each of the Debtors' Related Parties,
solely in their respective capacities as such, and(iii) solely for purposes of the releases by the Debtors
in Section 10.6(a) of the Plan, (A)the Supporting Claimants, the Creditors' Committee and the
Creditors' Committee's members and each of their respective professionals,in each case solely in their
respective capacities as such and(B)the Settling Co-Defendants and each of their Related Parties, in
each case solely in their respective capacities as such; provided, however, that, notwithstanding the
foregoing or anything herein to the contrary, no Excluded Party or Shareholder Released Party shall
be a Released Party in any capacity or respect. For purposes of this definition of"Released Parties,"
the phrase"solely in their respective capacities as such" means, with respect to a Person, solely to the
extent a claim against such Person (x) arises from such Person's conduct or actions taken in such
capacity, or from such Person's identified capacity in relation to another specified Released Party and
not, in either case, from such Person's conduct or actions independent of such capacity, and(y) to the
extent such Person's liability depends on or derives from the liability of such other Released Party,
such claim would be released if asserted against such other Released Party.
The Shareholder Released Parties include the beneficiaries of the separate shareholder release
provisions in the Plan. The Plan Supplement will include the Shareholder Settlement, which will
provide for, among other things,the settlement of claims against the Shareholder Released Parties.
Your participation in the Third-Party Releases will be governed by the terms of the
Governmental Entity Shareholder Direct Settlement.
You are advised to carefully review the Plan,the Disclosure Statement,the Plan Supplement and
the Governmental Remediation Trust Documents, which set forth the eligibility requirements
and process by which the Governmental Remediation Trust will make payments to Holders of
qualified Non-Federal Domestic Governmental Claims. For the avoidance of doubt,to the extent
any provision of this notice conflicts with the terms of the Plan,the terms of the Plan will control.
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INSTRUCTIONS FOR COMPLETING THIS BALLOT
This Ballot is provided to you to solicit your vote to accept or reject the Plan. The terms
of the Plan are described in the Disclosure Statement. PLEASE READ THE PLAN AND THE
DISCLOSURE STATEMENT CAREFULLY BEFORE COMPLETING THIS BALLOT.
The Plan will be accepted by Class 4 if the Plan is accepted by the Holders of at least two-
thirds (2/3) in amount and at least one-half(1/2) in number of the Claims in Class 4 that vote on
the Plan in such Class. In the event that Class 4 votes to reject the Plan,the Bankruptcy Court may
nevertheless confirm the Plan and, thereby, make the Plan binding on the Holders of Claims in
Class 4 if the Bankruptcy Court finds that the Plan does not unfairly discriminate against, and
accords fair and equitable treatment to, the Holders of Claims in Class 4 and otherwise satisfies
the requirements of section 1129(b) of the Bankruptcy Code. If the Plan is confirmed by the
Bankruptcy Court, all Holders of Claims against, and Interests in, the Debtors (including those
Holders who abstain from voting on or vote to reject the confirmed Plan, and those Holders who
are not entitled to vote on the confirmed Plan) will be bound by the confirmed Plan and the
transactions contemplated thereunder.
To have your vote counted, you must complete, sign and return this Ballot so that it
is actually received by the Solicitation Agent no later than the Voting Deadline of[September
30, 20251 at 4:00 p.m. (prevailing Eastern Time). Ballots must be delivered to the Solicitation
Agent at the appropriate address listed below:
If online by E-Ballot: If by standard or overnight mail: If by hand delivery:
Visit https://restructuring.ra.kroll.com Purdue Pharma Ballot Processing Purdue Pharma Ballot Processing
/purduepharma and click on the c/o Kroll Restructuring c/o Kroll Restructuring Administration
"Submit E-Ballot"link. Administration LLC LLC
850 3rd Avenue,Suite 412 850 3rd Avenue,Suite 412
Brooklyn,NY 11232 Brooklyn,NY 11232
For your E-B allot login credentials and If you plan to hand-deliver your Ballot
further details,please see page 8 to Kroll's office,please email
below. purduepharmaballots@ra.kroll.com
(with"Purdue Pharma Ballot
Delivery"in the subject line)at least
twenty-four(24)hours in advance of
your arrival at the Kroll address above
to arrange delivery.
Class 4 Ballots will not be accepted by telecopy, facsimile, email or other electronic
means of transmission (other than by E-Ballot).
You must properly complete the Ballot as follows:
a. Item 1 (Amount of Claim). Please note that each Claim in Class 4 has been
allowed in the amount of $1.00 for voting purposes only, and not for
distribution, allowance or any other purpose.
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b. Item 2 (Vote on the Plan). Cast one vote to accept or reject the Plan by checking
the appropriate box in Item 2 below.You must vote the entire amount of your Claim
either to accept(i.e., vote in favor of) or reject(i.e., vote against) the Plan and you
may not split your vote. Accordingly, any vote within a single Class that attempts
partially to accept and partially reject the Plan will not be counted.
C. If you hold Claims in a Class other than Class 4, you may receive more than one
Ballot or Solicitation Package, labeled for a different Class of Claims. Your vote
will be counted in determining acceptance or rejection of the Plan by a particular
Class of Claims only if you complete, sign and return the Ballot labeled for such
Class of Claims in accordance with the instructions on that Ballot.
d. If more than one timely, properly completed Ballot is received, unless the Holder
of the Class 4 Claim receives Bankruptcy Court approval otherwise, then the last
properly executed, timely received, valid Ballot will be deemed to reflect that
voter's intent and will supersede and revoke any prior Ballot.
e. If you fail to designate either an acceptance or rejection of the Plan or designate
both an acceptance and rejection of the Plan, the Solicitation Agent may, in its
discretion, either contact you to attempt to cure the defect or not count your vote as
either an acceptance or rejection of the Plan.
f. Item 3 (Acknowledgments and Certifications). Item 3 contains certain required
certifications, which you are making by signing and returning the Ballot. Please
ensure that you have read and understood the certifications prior to signing the
Ballot and the certifications are correct for your Ballot. Provide your name,mailing
address and any remaining information requested in Item 3 below.
g. If you are completing this Ballot on behalf of another claimant, indicate your
relationship with such claimant and the capacity in which you are signing on the
appropriate line in Item 3 in the Ballot below. By submitting the Ballot, you are
certifying that you have authority to so act and agree to provide documents
evidencing such authority upon request(e.g., a power of attorney or a certified copy
of board resolutions authorizing you to so act).
h. Sign and date the Ballot.
i. If additional space is required to respond to any item on the Ballot, please use
additional sheets of paper clearly marked to indicate the applicable item of the
Ballot to which you are responding. Do not include medical records with this
Ballot. Medical records cannot be returned by the Solicitation Agent.
j. Deliver the completed, executed Ballot so as to be actually received by the
Solicitation Agent by the Voting Deadline.
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PLEASE NOTE:
No Ballot shall constitute or be deemed a Proof of Claim or an assertion of a Claim. No
fees, commissions, or other remuneration will be payable for soliciting votes on the Plan.
NOTHING CONTAINED HEREIN OR IN THE SOLICITATION PACKAGES
SHALL RENDER YOU OR ANY OTHER PERSON THE AGENT OF THE DEBTORS OR
THE SOLICITATION AGENT, OR AUTHORIZE YOU OR ANY OTHER PERSON TO
USE ANY DOCUMENT OR MAKE ANY STATEMENTS ON BEHALF OF THE
DEBTORS OR THE SOLICITATION AGENT WITH RESPECT TO THE PLAN,
EXCEPT FOR THE STATEMENTS CONTAINED IN THE SOLICITATION
PACKAGES.
IF THE DEBTORS' PLAN OF REORGANIZATION IS CONFIRMED BY THE
BANKRUPTCY COURT, IT WILL BE BINDING ON YOU WHETHER OR NOT YOU
HAVE VOTED TO ACCEPT OR REJECT THE DEBTORS' PLAN OF
REORGANIZATION (EXCEPT AS OTHERWISE PROVIDED IN THE PLAN).
IF YOU(A)HAVE ANY QUESTIONS REGARDING THE BALLOT,(B)DID NOT
RECEIVE A RETURN ENVELOPE WITH YOUR BALLOT, OR (C) NEED
ADDITIONAL COPIES OF THE BALLOT OR OTHER ENCLOSED MATERIALS,
PLEASE CONTACT THE SOLICITATION AGENT AT 844-217-0912 (U.S./CANADA,
TOLL-FREE) OR +1 347-859-8093 (INTERNATIONAL), OR BY EMAILING
PURDUEPHARMAINFO@RA.KROLL.COM (WITH "PURDUE PHARMA
SOLICITATION INQUIRY"IN THE SUBJECT LINE). PLEASE DO NOT DIRECT ANY
INQUIRIES TO THE BANKRUPTCY COURT. YOU MAY ALSO CONTACT THE
CREDITORS' COMMITTEE WITH ANY QUESTIONS AT
PURDUECREDITORINFO@AKINGUMP.COM. THE SOLICITATION AGENT AND
THE CREDITORS' COMMITTEE ARE NOT AUTHORIZED TO, AND WILL NOT,
PROVIDE YOU WITH LEGAL ADVICE.
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SUBMITTING BY E-BALLOT
PLEASE COMPLETE THE FOLLOWING:
To submit your Ballot via the "E-Ballot" platform, please visit
https:Hrestructurin2.ra.kroll.com/purduepharma. Click on the "Submit E-Ballot" section
of the website and follow the instructions to submit your Ballot.
IMPORTANT NOTE: You will need the following information to retrieve and submit your
customized E-Ballot:
Unique E-Ballot ID#:
The Solicitation Agent's "E-Ballot" platform is the sole manner in which your Ballot will be
accepted via electronic or online transmission. Ballots submitted by telecopy, facsimile,
email or other electronic means of transmission will not be counted.
Each E-Ballot ID# is to be used solely for voting only those Claims described in Item 1 of
your E-Ballot. Please complete and submit an E-Ballot for each E-Ballot ID#you receive, as
applicable.
Holders who cast a Ballot using the Solicitation Agent's "E-Ballot" platform should NOT also
submit a paper Ballot.
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CLASS 4 BALLOT
PLEASE COMPLETE THE FOLLOWING:
Item 1. Amount of Class 4 Claims. Please note that each Claim in Class 4 has been allowed in
the amount of$1.00 for voting purposes only, and not for purposes of ultimate "Allowance" of a
Claim, distribution of value under the Plan or for any other purpose. For the avoidance of doubt,
the $1.00 amount at which a Claim has been allowed for voting purposes does not impact the
payment that a Holder of a Class 4 Claim may receive.
Claims Amount: $1.00
Item 2. Vote on the Plan. The undersigned Holder of Class 4 Claims hereby votes to (check only
one box):
❑ ACCEPT (I.E.,VOTE IN FAVOR OF) the Plan
❑ REJECT (I.E.,VOTE AGAINST)the Plan
Item 3. Acknowledgments and Certification. By signing this Ballot, the undersigned certifies
and/or acknowledges that:
(a) either the undersigned is: (i) the Holder of the Class 4 Claims being voted;
or (ii) an authorized signatory for a person or entity that is a Holder of the
Class 4 Claims being voted, and, in either case, has the full power and
authority to vote to accept or reject the Plan with respect to the Claims
identified in Item 1 above;
(b) the undersigned has been provided with a copy of the Disclosure Statement,
including the Plan and all other exhibits thereto, the Disclosure Statement
& Solicitation Procedures Order without exhibits and a Confirmation
Hearing Notice;
(c) the solicitation of votes is subject to all terms and conditions set forth in the
Plan, Disclosure Statement & Solicitation Procedures Order and the
procedures for the solicitation of votes to accept or reject the Plan contained
therein;
(d) the undersigned has cast the same vote with respect to all of its Class 4
Claims; and
(e) no other Ballots with respect to the amount of the Class 4 Claims identified
in Item 1 above have been cast or, if any other Ballots have been cast with
respect to such Claims, then any such earlier Ballots are hereby revoked.
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Name of Claimant:
Signature:
Name of Signatory
(if different than Claimant):
If authorized by Agent, Title of Agent:
Street Address:
Street Address:
(continued)
City, State, Zip Code:
Telephone Number:
Email Address:
Date Completed:
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