U.S. Tahoe Securities Litigation

The Notice is given pursuant to an order issued by the United States District Court, District Of Nevada. The Notice serves to inform you of the proposed settlement of the class action lawsuit and the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement. The Notice is intended to inform you how this lawsuit and proposed Settlement may affect your rights and what steps you may take in relation to it.

In a class action, one or more plaintiffs, called lead plaintiffs or class representatives, sue on behalf of people who have similar claims. The individuals and entities on whose behalf the class representative is suing are known as class members. One court resolves the issues in the case for all class members, except for those who choose to exclude themselves from the class if exclusion is permitted by applicable rules of procedure.

This is a federal securities class action lawsuit.

Tahoe was a minerals mining company based in Reno, Nevada. U.S. Plaintiff alleges that after obtaining its exploitation license for the Escobal mine in Guatemala, Defendants made materially false and/or misleading statements, as alleged in the Consolidated Amended Class Action Complaint (“AC”).

On July 7, 2017, the initial federal complaint in the U.S. Action was filed. ECF No. 1. On July 13, 2018, the Court appointed Kevin Nguyen as Lead Plaintiff and Faruqi & Faruqi, LLP as Lead Counsel. ECF No. 54. On August 31, 2018, the U.S. Plaintiff filed the AC. ECF No. 59. On October 30, 2018, Defendants filed a motion to dismiss the AC in the U.S. Action. ECF No. 65. Following oral argument on Defendants’ motion to dismiss, on June 19, 2019, the Court denied Defendants’ motion to dismiss except for the claims against former Chief Financial Officer, Elizabeth McGregor. ECF Nos. 83, 84.

On August 2, 2019, Defendants filed a motion to certify the motion to dismiss order for interlocutory appeal in the U.S. Action and their Answer to the AC. ECF Nos. 88, 90, 91. On March 23, 2020, the Court denied Defendants’ motion for interlocutory appeal. ECF No. 114.

Between December 2019, and September 2020, Defendants produced more than 150,000 documents to U.S. Plaintiff. In April 2020, U.S. Plaintiff produced 894 documents. On July 1, 2021, U.S. Plaintiff filed a motion to certify a class. ECF No. 142. Between August 2021 and January 2022, U.S. Plaintiff sat for a deposition, took the deposition of Defendants’ class certification expert, the fact depositions of five former Tahoe employees, and three relevant third parties, and served document production subpoenas on various third parties that resulted in the production of an additional 90,000 documents.

On February 8, 2022, the Court held a hearing on the U.S. Plaintiff’s class certification motion, during which time the Court scheduled an evidentiary hearing on the issue of class certification for April 27-28, 2022. ECF Nos. 165, 173.

On January 29, 2022, U.S. Lead Plaintiff, Kevin Nguyen, passed away. See ECF No. 175. Therefore, on April 1, 2022, his wife and the sole executor of his estate, Tiffany Huynh, moved to be substituted for Mr. Nguyen as Lead Plaintiff. Id. On September 14, 2022, the Court granted Ms. Huynh’s motion and appointed her as the U.S. Lead Plaintiff. ECF No. 193.

On October 5, 2022, U.S. Plaintiff filed seven motions for letters rogatory to compel the depositions of relevant witnesses in Peru and Guatemala. ECF Nos. 195 to 215. The Court granted the motions on October 31, 2022, and U.S. Plaintiff began the process of serving the letters rogatory on the foreign witnesses. ECF Nos. 222 to 228. In December 2022, U.S. Plaintiff took the depositions of the four individual defendants named in the U.S. Action.

There is a separate lawsuit against many of the same defendants that was filed in Canada that settled at the same time as the U.S. Action. That lawsuit is described as Dyck v. Tahoe Resources, Inc. et al., Ontario Superior Court of Justice Court, File No. CV-18-00606411-00CP. That lawsuit is referred to in the Notice as the “Canadian Action.” If you purchased or otherwise acquired Tahoe’s common stock on any Canadian exchange (including, without limitation, the Toronto Stock Exchange) or any Canadian alternative trading system, or on any exchange or trading platform outside Canada and the United States under the ticker symbol THO between May 24, 2017, and July 5, 2017, then you may be entitled to a payment from the Canadian Action. In that event, you should visit www.TahoeCanadianSettlement.ca, for information regarding that separate settlement proceeding.

The Class is defined as:

all Persons who purchased or otherwise acquired Tahoe’s common stock in the United States or on the NYSE at artificially inflated prices between April 3, 2013, and August 24, 2017, inclusive, and who suffered damages thereby.

There are some individuals and entities that are excluded from the Class by definition. Excluded from the Class are: Tahoe Resources, Inc., its officers and directors, employees, affiliates, legal representatives, heirs, predecessors, successors, and assigns, and any entity in which Tahoe Resources, Inc. has a controlling interest or of which Tahoe Resources, Inc. is a parent or subsidiary.

Also excluded from the U.S. Settlement Class will be any Person who or which timely and validly seeks exclusion from the U.S. Settlement Class

The Court has appointed the law firm of Faruqi & Faruqi, LLP as U.S. Plaintiff’s Counsel and Muckleroy Lunt, LLC as Liaison Counsel (collectively, “U.S. Plaintiff’s Counsel”) to represent U.S. Plaintiff and all other U.S. Settlement Class Members in the U.S. Action.

You will not be separately charged for the fees or expenses of U.S. Plaintiff’s Counsel appointed by the U.S. Court. The Court will determine the amount of U.S. Plaintiff’s Counsel’s fees and expenses, which will be paid from the U.S. Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

On the NYSE, the ticker symbol for Tahoe’s common stock is TAHO. If your ticker symbol is THO, please visit www.TahoeCanadianSettlement.ca, for more information.

An individual claim submitted by an individual or entity on their own behalf, or on behalf of others such as estates, executors, administrators, guardians, and trustees, should provide the following information.

Any documentation provided must include the claimant's name, account number and address.

Appropriate documentation to support your claim includes:

• Trade Confirmation - Trade confirmation slips showing the trade date, quantity, price per security and net amount of the transaction are acceptable forms of documentation to support your purchases and/or sales.
• Official monthly, quarterly or other periodic broker statements - Monthly, quarterly or other periodic statements provided by your broker listing your transactions are sufficient to prove purchase and sale transactions so long as the necessary information for that transaction is included, such as the trade date, quantity and price paid or received for each security, and the total amount paid or received for each transaction. These statements may also be used to support the quantity of securities held after the class period has ended, if such section is provided in the document. On your claim form, these will be listed as Beginning Holdings and Ending Holdings.
• Official authorized broker generated statements.

Please Note: The Claims Administrator, Class Counsel or the Court reserve the right to request additional information or documentation.

Spreadsheets, charts, tax forms, handwritten information, and other documents prepared by the claimant are not considered adequate supporting documentation.

In the event that an individual claimant is deceased, the executor or representative of the estate may submit a Claim Form on their behalf and must also:

1. Duly complete and sign the Claim Form and must provide their name in Section II of the Claim Form;
2. Submit a copy of the death certificate; and
3. Submit a copy of the will, which indicates who the executor or representative of the estate is.

Other authorized representatives of an individual claimant, including guardians, conservators, and trustees must also:

1. Duly complete and sign the Claim Form and must provide their name in Section II of the Claim Form;
2. Submit valid proof of authority to file and sign claims on behalf of the claimant, stating the authorized representative’s titles or capacities. The telephone number of the beneficial owner may be used in verifying the claim.

Important: If such documents are not in your possession, please obtain copies or equivalent contemporaneous documents from your broker. Failure to supply this documentation could delay verification of your claim and could result in rejection of your claim.

Do not send original documents. Please keep a copy of all documents that you send to the Claims Administrator.

If you are a U.S. Settlement Class Member, you can object to the Settlement or any of its terms, the proposed U.S. Plan of Allocation, and/or the U.S. Fee and Expense Application, and give reasons why you think the Court should not approve it. If the Court denies approval of the Settlement, no payments will be made to U.S. Settlement Class Members, the U.S. parties will return to the position they were in before the Settlement was agreed to, and the U.S. Action will continue.

To object, you must send a signed letter stating that you object to the proposed Settlement, the proposed U.S. Plan of Allocation, and/or the U.S. Fee and Expense Application in “In re Tahoe Resources, Inc. Securities Litigation, No. 2:17-cv-01868-RFB-NJK (D. Nev.).” Your objection must state why you are objecting and must also: (i) include your name, address, telephone number, and signature; (ii) contain a statement of the objection and the specific reasons for it, including any legal and evidentiary support (including witnesses) you wish to bring to the Court’s attention; and (iii) documentation identifying the number of Tahoe common stock you purchased or acquired between April 3, 2013, and August 24, 2017, and documentation identifying the number of Tahoe shares you sold between August 25, 2017, and November 22, 2017, inclusive. Unless otherwise ordered by the Court, any U.S. Settlement Class Member who does not object in the manner described in this U.S. Notice will be deemed to have waived any objection and will be forever foreclosed from making any objection to the proposed Settlement, U.S. Plan of Allocation, and/or U.S. Plaintiff’s Counsel’s Fee and Expense Application. Your objection must be filed with the Court at the address below, either by mail or in person, and be mailed or delivered to each of the following counsel so that it is received, not simply postmarked, no later than January 18, 2024:

To exclude yourself from the U.S. Settlement Class, you must send a signed letter stating that you request to be “excluded from the U.S. Settlement Class and do not wish to participate in the settlement in In re Tahoe Resources, Inc. Securities Litigation, No. 2:17-cv-01868-RFB-NJK (D. Nev.).” You cannot exclude yourself by telephone. To be valid, your letter must state: (A) your name, address, telephone number, and signature; (B) the date, number, and dollar amount of all purchases or acquisitions of Tahoe common stock in the United States or on the NYSE between April 3, 2013, and August 24, 2017, inclusive; and (C) the date, number, and dollar amount of all sales of Tahoe common stock between August 25, 2017, and November 22, 2017, inclusive. The submission must also be accompanied by verification from your broker (such as copies of trade confirmations, account statements, or transaction histories), OR a verified, sworn, or attested-to chart including the dates, prices, and quantities at which you purchased and sold Tahoe common stock during the Class Period, OR other documentation of your transactions in Tahoe common stock.

Your submission must be received, not simply postmarked, no later than January 18, 2024. You may email your exclusion request to info@USTahoeSettlement.com, or you may mail it to:

Tahoe Resources United States Securities Litigation
Epiq Systems, Inc.
P.O. Box 5866
Portland, OR 97228-5866

A request for exclusion shall not be valid and effective unless it provides all the information called for in this paragraph and is received within the time stated above, or is otherwise accepted by the Court.

If you ask to be excluded, you will not get any payment from the Settlement, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit, and you may be able to sue (or continue to sue) Defendants and the other Released Defendant Parties in the future.