Settlement proposed in non-StarLink corn farmer class action litigations

Chicago, Illinois
February 14, 2003

The following statement is being issued by Cohen, Milstein, Hausfeld & Toll, P.L.L.C.; Milberg Weiss Bershad Hynes & Lerach LLP; Seeger Weiss LLP; and Wolf Haldenstein Adler Freeman & Herz LLP regarding a proposed class action settlement In Re StarLink Corn Products Liability Litigation:

SUMMARY SETTLEMENT NOTICE IN RE STARLINK CORN PRODUCTS LIABILITY LITIGATION
This Document Relates To: ALL NON-STARLINK FARMER ACTIONS

MDL Docket No. 1403
Judge James B. Moran

IF YOU GREW OR HARVESTED NON-STARLINK CORN DURING ANY YEAR SINCE 1998, YOU SHOULD READ THIS NOTICE CAREFULLY.

YOU MAY BE ENTITLED TO A RECOVERY FROM THE PROPOSED SETTLEMENT OF THE ABOVE LISTED LAWSUIT AND YOUR RIGHTS MAY BE AFFECTED.

This notice is only a summary of the Settlement.

Call 1 (888) 833-4317, visit http://www.non-starlinkfarmerssettlement.com or write to the Claims Administrator to learn more about this Settlement.

A settlement has been proposed in class action lawsuits brought on behalf of all persons and entities who operated farms in the United States from which corn grown for grain was harvested since 1998 (the "Settlement Class"). The suit seeks compensation for alleged losses to United States corn farmers who did not grow corn from StarLink(TM) seed. If you fit within the definition of the Settlement Class, you have various rights including, but not limited, to: (1) remaining in the Settlement Class and potentially receiving a recovery from the Settlement; or (2) requesting exclusion from the Settlement Class and pursuing individually whatever claims you believe you have.

The United States District Court for the Northern District of Illinois (located in Chicago) authorized this notice. The Court will hold a hearing on April 7, 2003, to decide whether the proposed Settlement should be approved and implemented.

Who Is Included?

This Settlement covers farmers and other persons (individuals, partnerships, and corporations) with a financial interest in non-StarLink corn harvested between 1998 and the present. You may be covered by the Settlement if one of the following describes you:

(1) you operated a farm from which non-StarLink corn was harvested in 1998, 1999, 2000, 2001 or 2002, whether or not your crops or corn stores suffered actual Cry9C contamination; or

(2) you operated a farm from which non-StarLink corn was harvested at any time since 1998 and suffered actual Cry9C contamination of your crops or corn stores.

The Settlement does not cover corn grown from StarLink(TM) corn seed under a license from an affiliate of StarLink Logistics, Inc., formerly known as Aventis CropScience USA Holding, Inc. ("SLLI"), and sold by Advanta USA, Inc., formerly known as Garst Seed Company ("Advanta"), or any other distributor of StarLink seed or corn seed containing Cry9C.

What Is StarLink?

StarLink was a type of genetically modified, bio-engineered corn developed by SLLI. StarLink was genetically altered to contain an insecticidal protein, known as Cry9C, that enables it to resist various corn pests. StarLink corn seed was sold in the United States between May 1998 and October 2000.

What Is The Lawsuit About?

The lawsuit alleged that SLLI and Advanta licensed, marketed or otherwise distributed StarLink corn seed in a manner that caused widespread contamination of U.S. corn supplies, diminishing the market value of corn. The lawsuit also alleged that SLLI and Advanta are responsible for StarLink contamination of the corn crops, fields, equipment and storage facilities of non-StarLink corn farmers.

SLLI and Advanta deny all allegations of wrongdoing and have asserted numerous defenses. The Court has not decided in favor of one side or the other. Instead, the parties agreed to a Settlement.

What Does The Settlement Provide?

The Settlement provides for payment of $110,000,000.00, plus accruing interest, which will be paid in cash, or through distribution of prepaid cards accepted anywhere Visa(TM) or MasterCard(TM) are accepted and redeemable for cash at their face amount at a financial institution subject to such institutions' normal charges for such transactions. If the Settlement is paid in prepaid cards, in addition to the prepaid cards being useable as, or redeemable for cash at their face value, a wide variety of goods and equipment generally used by the farming community will be made available at discounts off such products' regular retail, sale, and bulk purchase prices (the "Settlement Enhancement"). There is, however, no assurance at this time that the Settlement Enhancement will be accomplished. If the Settlement Enhancement is accomplished, a further publication notice over the Internet will be issued on or before March 12, 2003, and will be posted on the following websites:
http://www.non-starlinkfarmerssettlement.com; http://www.cmht.comhttp://www.milberg.com and http://www.whafh.com

Before any distributions, to members of the Settlement Class, the proceeds of the Settlement will be used to pay plaintiffs' attorneys' fees and costs, the special awards to the named-plaintiffs, and the costs associated with notice to the Settlement Class and administration of the Settlement. All of the foregoing fees and expenses must be approved by the Court. No Settlement Class member will be asked or required to pay any fees or costs directly or otherwise suffer a net out-of-pocket loss as a result of participating in the Settlement.

What Can You Get From The Settlement?

Two types of compensation are offered to Non-StarLink farmers who file timely and properly completed Proofs of Claims:

(1) Property Damage: Eligible property damage claimants will be paid for lost market value, transportation, and storage costs resulting from actual contamination of your crops, fields, equipment and property, less any compensation such eligible property damage claimant received to date from Aventis CropScience USA, LP or SLLI. Total claims under this category are capped at $10 million; if the total property damage claims exceed $10 million, each claimant's compensation will be reduced proportionately.

(2) Corn Loss: All eligible non-StarLink corn farmers (including all property damage claimants) will receive a proportionate share of the balance of the proceeds of the Settlement as compensation for alleged reduction in the general price of corn due to the presence of StarLink corn in the United States corn supply based on the numbers of acres of corn that each eligible non-StarLink farmer harvested during the year 2000 (or 10% of the average acres in the years 1998 through 2002, if the Corn Loss claimant did not harvest corn in the year 2000) divided by the total acreage covered by all Corn Loss claimants.

In exchange for these benefits, Settlement Class members will release all claims against SLLI and Advanta relating to StarLink.

How Do You Participate In The Settlement?

If you have NOT RECEIVED a Notice and Corn Loss Proof of Claim in the mail, IMMEDIATELY call the toll-free number, visit the website, or write to the Claims Administrator for a copy of the full Notice explaining all Settlement terms and the appropriate Proof of Claim form(s). Then, if you believe that you are a Settlement Class member, send in the appropriate Proof of Claim form(s), along with all documents specified in the accompanying instructions to the applicable Proof of Claim form(s), to claim your recovery. To obtain the necessary documentation, you should contact:

Non-StarLink Farmer Litigation
c/o The Garden City Group, Inc.
Claims Administrator
P.O. Box 9000 #6075
Merrick, NY 11566-9000
1 (888) 833-4317

http://www.non-starlinkfarmerssettlement.com

* Corn Loss Proof of Claim forms must be postmarked NO LATER THAN May 31, 2003.
* Property Damage Proof of Claim forms must be postmarked NO LATER THAN July 31, 2003.

There is no charge for filing Proof of Claim forms, but you must file in a timely manner Proof of Claim form(s) to receive benefits.

Your Other Options

If you are a Settlement Class member, you will be legally bound by this Settlement, whether or not you file a Proof of Claim form, unless you request exclusion from the Settlement Class. If you do not exclude yourself, you will not be able to sue SLLI or Advanta over StarLink. If you do not want to be legally bound by the Settlement, you must exclude yourself NO LATER THAN March 21, 2003. If you exclude yourself from the Settlement, you WILL NOT receive any recovery from the Settlement. If you
stay in the Settlement Class, you have the right to object to the terms of the Settlement, the Plan of Allocation of the proceeds of the Settlement, plaintiffs' attorneys' request for attorneys' fees and/or expenses and/or the request for Special Awards for certain named-plaintiffs. You also have the right, if you remain in the Settlement Class, to appear personally and/or by counsel of your own choosing, but only at your own cost and expense. If you wish to exercise any of these rights, you must file the appropriate documentation NO LATER THAN March 21, 2003. The website and full Notice explain how to exclude yourself, submit objections or personally appear.

The Court will hold a hearing in this case, called In re StarLink Corn Products Liability Litigation, MDL No. 1403, on April 7, 2003, at 10:00 a.m. (CST), in Courtroom 1843, at the United States Courthouse, United States District Court for the Northern District of Illinois, Everett McKinley Dirksen Federal Building, 219 South Dearborn Street, Chicago, IL 60604, to consider whether to approve the Settlement, the Plan of Allocation, the plaintiffs' attorneys' request for fees and expenses, and the plaintiffs' request for Special Awards. The date, time and location of this hearing may change; you may check the date, time and location at http://www.non-starlinkfarmerssettlement.comhttp://www.cmht.com; http://www.milberg.com or http://www.whafh.com. You may ask to appear at the hearing, but you do not have to appear personally to file your objections.

PLEASE DO NOT CONTACT THE JUDGE OR THE CLERK OF THE COURT FOR INFORMATION.

SOURCE Cohen, Milstein, Hausfeld & Toll, P.L.L.C.; Milberg Weiss Bershad Hynes & Lerach LLP; Seeger Weiss LLP; and Wolf Haldenstein Adler Freeman & Herz LLP

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