Foundry Resins Antitrust Litigation

In 2004, several class action lawsuits were fi led against the Defendants by direct purchasers of Foundry Resins. On October 26, 2004, those lawsuits were consolidated before the United States District for the Southern District of Ohio Eastern Division (the "Court"). Plaintiffs allege that the Defendants unlawfully conspired to fi x, raise, maintain or stabilize the prices of, and to allocate markets and customers for Foundry Resins sold in the United States during the Class Period, in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. Plaintiffs claim that, as a result of these alleged violations of the antitrust laws, they and other members of the Class paid more for Foundry Resins than they would have paid absent such conduct, and seek recovery of treble damages, together with reimbursement of costs and an award of attorneys' fees.

By Order dated May 2, 2007, as amended by Order dated October 9, 2007, the Court certifi ed the Class and appointed Plaintiffs and Class Counsel to represent the interests of the Class. On November 14, 2007, the District Court granted preliminary approval to the proposed settlement between the Class and the HAI Defendants. On December 13, 2007, the District Court granted preliminary approval to the proposed settlement between the Class and Defendant Ashland, and ordered that this Notice be provided to the Class members.

At this time neither Plaintiffs nor Defendants have proven their assertions. Defendants deny the allegations of the Complaint. The Court expresses no opinion as to whether the Plaintiffs' allegations are correct or whether Defendants have engaged in any wrongdoing. The purpose of this Notice is to inform you of the Class Certifi cation Order, the proposed settlement with the Defendants, and the options available to you.

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