• A class action lawsuit brought on behalf of indirect purchasers of electrolytic and film capacitors (“Capacitors”) is currently pending. Capacitors are electronic components that store electric charges between one or more pairs of conductors separated by an insulator.

• Plaintiffs claim that Defendants and co-conspirators engaged in an unlawful conspiracy to fix, raise, maintain, or stabilize the prices of Capacitors. Plaintiffs further claim that indirect purchasers of Capacitors may recover for the effect that the conspiracy had on the prices of these electronic components. Plaintiffs allege that, as a result of the unlawful price fixing conspiracy involving Capacitors, they and other indirect purchasers paid more for Capacitors than they would have paid absent the conspiracy. Defendants deny Plaintiffs’ claims.

• Settlements totaling approximately $300,000 have now been reached with Defendants Shinyei Technology Co., Ltd. and Shinyei Capacitor Co., Ltd. (“Shinyei”) as well as Taitsu Corporation (collectively, “Settling Defendants”).

• Only certain Defendants have agreed to settle the lawsuit. In addition to the Settling Defendants listed above, ELNA Co., Ltd. and ELNA America, Inc. (“ELNA”); Matsuo Electric Co., Ltd. (“Matsuo”); Nichicon Corporation and Nichicon (America) Corporation (“Nichicon”); Panasonic Corporation, Panasonic Corporation of North America, SANYO Electric Co., Ltd., and SANYO Electronic Device (U.S.A.) Corporation (“Panasonic”); NEC TOKIN Corp. and NEC TOKIN America, Inc. (“NEC TOKIN”); Okaya Electric Industries Co., Ltd. (“OEI”); Nitsuko Electronics Corporation (“Nitsuko”); Hitachi Chemical Co., Ltd., Hitachi AIC Inc., and Hitachi Chemical Co. America, Ltd. (“Hitachi”); Soshin Electric Co., Ltd. and Soshin Electronics of America, Inc. (“Soshin”); Rubycon Corp. and Rubycon America, Inc. (“Rubycon”); Holy Stone Enterprise Co., Ltd., Holy Stone Holdings Co., Ltd., Holy Stone Polytech Co., Ltd., and Milestone Global Technology, Inc. (“Holystone”); and Nippon Chemi-Con Corp. and United Chemi-Con, Inc. (“NCC/UCC”) have previously agreed to settlements.

• The Non-Settling Defendant companies include: Nissei Electric Co., Ltd. and Toshin Kogyo Co., Ltd. (collectively, “Non-Settling Defendants”).

• The Settlement Classes for the Shinyei and Taitsu Settlement Agreements include the following:

• The Court in charge of this case still has to decide on final approval of the Settlements. Payments will be made only (1) if the Court approves the Settlements and after any appeals are resolved, and (2) after the Court approves a Distribution Plan to distribute the Settlement Funds minus expenses and any Court-approved attorneys’ fees (“Net Settlement Funds”) to Class Members. The proposed Distribution Plan for these Settlements is to make a pro rata distribution to each Class Member that purchased capacitors in a state that permits indirect purchaser antitrust claims based upon the number of approved purchases per Class Member of Capacitors of film or electrolytic Capacitors during the Settlement class period. The indirect purchaser states for purposes of the Shinyei and Taitsu Settlements are California, Florida, Michigan, Minnesota, Nebraska, and New York.