Information for Nominees/Brokers

Important Background:

The Court previously certified a class consisting of all persons and entities who, from May 21, 1999, to September 29, 2004, inclusive (the “Certified Class Period”), purchased or otherwise acquired Merck Common Stock or Merck Call options, and/or sold Merck Put Options (the “Certified Class”). In granting preliminary approval of the Settlement, the Court certified a new “Settlement Class,” which encompasses the Certified Class Period, but also covers a longer time period (i.e., the period from September 30, 2004 through and including October 29, 2004). The Settlement Class, subject to certain exceptions, includes:

All persons and entities who, from May 21, 1999 through October 29, 2004, inclusive (the “Settlement Class Period”), purchased or otherwise acquired Merck Common Stock or Merck Call options, or sold Merck Put Options.


PLEASE NOTE: In connection with the dissemination of the Notice of Pendency, Nominees/Brokers were asked to identify potential Certified Class Members. As the Settlement Class Period is longer than the Certified Class Period, you MUST NOW DETERMINE whether there are additional Settlement Class Members for which you have not yet provided names and addresses or to whom you did not send the Notice Packet.

  1. Nominees/Brokers That Previously Provided Names and Addresses of Beneficial Owners
    If, in connection with the mailing of the Notice of Pendency, you provided the Notice Administrator, Garden City Group LLC, with a list of names and addresses of persons and entities in the Certified Class, DO NOT re-submit those names and addresses. Copies of the Notice Packet will be forwarded to those Potential Settlement Class Members by Epiq, the Claims Administrator. If you have additional names and addresses for the earlier Certified Class Period that you did not previously provide, you must forward those names and addresses to Epiq. Additionally, as noted above, even if you previously provided names and addresses of potential Certified Class Members, you must now also determine if you purchased or acquired Merck Common Stock or Merck Call Options and/or sold Merck Put Options for beneficial owners during the period from September 30, 2004 through and including October 29, 2004, the period that was not included in the initial request and, if so, forward those names and addresses to Epiq.
  2. Nominees/Brokers That Previously Elected to Forward the Notice of Pendency
    If, in connection with the mailing of the Notice of Pendency, you requested that the notices be sent to you for forwarding by you to potential Certified Class Members INSTEAD OF providing the names and addresses to the Notice Administrator, Garden City Group LLC, you will be mailed the same number of Notice Packets as previously requested to forward to those potential Settlement Class Members. If you require a different number of copies than you requested in connection with the mailing of the Notice of Pendency, please send an email to info@MerckVioxxSecuritiesLitigation.com and let Epiq, the Claims Administrator, know how many Notice Packets you require. You must mail the Notice Packet to the beneficial owners within seven (7) days of your receipt of packets. Please note, in the Notice of Pendency you were advised that if you elected to forward the notice, you must retain your mailing records for use in connection with any further notices that may be provided in the Action. Additionally, as noted above, you must now also determine if you purchased or acquired Merck Common Stock or Merck Call Options and/or sold Merck Put Options for beneficial owners during the period from September 30, 2004 through and including October 29, 2004, the period that was not included in the initial request and, if so, email Epiq with the number of additional Notice Packets that you require for forwarding to these newly identified potential Settlement Class Members
  3. Nominees/Brokers That Neither Previously Submitted Names and Addresses nor Forwarded the Notice of Pendency
    If you NEITHER previously submitted names and addresses of Certified Class Members NOR requested notices to send to Certified Class Members, as outlined above, you MUST submit a request for Notice Packets or submit the names and addresses of potential Settlement Class Members to Epiq, the Claims Administrator, no later than seven (7) calendar days from receipt of the notice. If you request copies of the Notice Packet for forwarding by you, they must be mailed to the beneficial owners within seven (7) calendar days of your receipt of the packets from Epiq, the Claims Administrator.

INSTRUCTIONS FOR PROVIDING A LIST OF NAMES AND ADDRESSES

  1. Compile a list of names and addresses of beneficial owners not previously provided for whom you purchased or acquired Merck common stock or Merck call options, and/or sold Merck put options during the period between May 21, 1999 through and including October 29, 2004.
  2. Prepare the list in Microsoft Excel format. A preformatted spreadsheet can also be found here.
  3. Then you must do one of the following:

    1. Burn the Microsoft Excel file(s) to a CD or DVD and mail the CD or DVD to Epiq, the Claims Administrator, at:

      In re Merck & Co., Inc. Vioxx Securities Litigation
      c/o Epiq Systems
      P.O. Box 6659
      Portland, OR 97228-6659

    2. Email the spreadsheet to info@merckvioxxsecuritieslitigation.com; or
    3. Upload the spreadsheet here

INSTRUCTIONS IF YOU ARE MAILING TO BENEFICIAL OWNERS

Request the needed number of copies of the Notice Packet via email to info@MerckVioxxSecuritiesLitigation.com. You must mail the Notice Packets to the beneficial owners within seven (7) calendar days of your receipt of the Notice Packets.

If you have any questions, contact the Claims Administrator at info@MerckVioxxSecuritiesLitigation.com or by calling 866-752-0067.

INSTRUCTIONS FOR FILING ELECTRONIC CLAIMS

A nominee may also submit a Claim Form on behalf of multiple clients who are beneficial owners by following the instructions below.

Click here to download the Claim Form.

Click here to download a properly formatted spreadsheet for submitting your transactions.

You may upload your master Proof of Claim Form and completed spreadsheet online here.