The Evergreen Ultra Short Opportunities Fund Securities Litigation was preliminarily approved by the United States District Court for the District of Massachusetts on July 24, 2012. A Court Hearing on the Fairness of the Settlement is currently scheduled for December 5, 2012.
The Amended Class Action Complaint alleges that Defendants issued materially false and misleading statements to the investing public between October 28, 2005 and June 18, 2008, inclusive, concerning the Fund's nature, risk profile, investment objectives and guidelines, and net asset value, thereby violating Sections 11, 12(a)(2), and 15 of the Securities Act of 1933, 15 U.S.C. Section 77k, 77l, and 770. The Class Representatives seek, for themselves and all similarly situated persons, compensatory damages, interest, costs, and attorneys' fees.
The sending of the Notice is not an expression by the Court of any opinion on the likelihood of recovery by the Class Representatives or on the merits of any defense asserted by the Defendants. The Notice is provided only so that you may decide what steps, if any, to take in relation to your continued participation in the Class.
Defendants have denied and continue to deny, that they have committed any violations of law or that they have any liability with respect to any claims asserted in the Amended Class Action Complaint, and deny any and all liability to the Class Representatives and to the Class.