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Frater v. Hemispherx Biopharma, Inc., et al
U.S. District Court, Eastern District of Pennsylvania
No. 2:12-CV-07152 WY

IF YOU ARE A MEMBER OF THE CLASS DESCRIBED HEREIN, YOU MAY BE ENTITLED TO RECEIVE A PAYMENT PURSUANT TO THE PROPOSED SETTLEMENT DESCRIBED BELOW. TO CLAIM YOUR SHARE OF THE SETTLEMENT FUND, YOU MUST SUBMIT A VALID PROOF OF CLAIM FORM POSTMARKED ON OR BEFORE AUGUST 21, 2015.

The proposed Settlement affects the rights of the members of the Class. The Class consists of: All persons or entities that purchased or otherwise acquired Hemispherx Biopharma, Inc. common stock during the period from March 14, 2012 through December 20, 2012, both dates inclusive. Excluded from the Class are Hemispherx, Individual Defendants, current and former officers and directors of Hemispherx, and their immediate families, any entity in which any of the foregoing have or had a controlling interest, and the legal representatives, heirs, successors, or assigns of any of them. Purchases of Hemispherx common stock traded on a foreign exchange under ticker symbol HXB are not covered by this Settlement.

The Notice has been sent to you pursuant to an Order of the United States District Court, Eastern District of Pennsylvania (the "Court") in the above-captioned action (the "Action"). One of the purposes of the Notice is to inform you of the proposed Settlement of the Action for $2.75 million. Plaintiffs estimate that 99.8 million shares of Hemispherx common stock were alleged affected by this Action during the period in which the Court sustained the allegations in the Complaint.

SPECIAL NOTICE TO BROKERS AND OTHER NOMINEES

Brokerage firms, banks, financial institutions and other nominees ("Nominees") who, during the Class Period, purchased or sold Hemispherx common stock, CUSIP #42366C1036 in the name of the Nominees on behalf of beneficial owners of such securities who may be members of the Class, are requested to provide the Claims Administrator with the name and last known address of each such person or entity for whom the Nominee executed such transactions, preferably in an MS Excel data table setting forth: (1) title/registration, (2) street address, (3) city/state/zip. The Claims Administrator will then cause the Notice and the Proof of Claim to be mailed promptly to said beneficial owners. Alternatively, Nominees may request additional copies of this Notice and the Proof of Claim from the Claims Administrator, in which case the Nominees are required to promptly mail the Notice and the Proof of Claim directly to the persons for whom the transactions were made and provide the Claims Administrator with written confirmation of having done so. For either alternative, contact the Claims Administrator by phone at 1-866-374-7219 or by email at Nominees@HemispherxSettlement.com.

After receipt of a timely request for reimbursement and supporting documentation, the Claims Administrator will reimburse the Nominee for all costs reasonably incurred in gathering and forwarding the names and addresses of beneficial owners to the Claims Administrator, or forwarding the Notice and the Proof of Claim to beneficial owners, as the case may be.

Hemispherx Securities Settlement
c/o KCC Class Action Services
P.O. Box 30172
College Station, TX 77842-3172