The information contained on this web page is only a summary of information presented in more detail in the Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear (the “Notice”), which you can access by clicking here. Because this website is just a summary, you should review the Notice for additional details.
Notice of Pendency of Class Action: Please be advised that your rights will be affected by the above-captioned stockholder class action (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”) if you were a public stockholder of UpHealth, Inc. f/k/a GigCapital2, Inc. (“New UpHealth” or the “Company”) at any time during the period between the close of business on April 26, 2021 and June 9, 2021 (the “Class Period”).
Notice of Settlement: Please also be advised that: (i) Plaintiff Cody Laidlaw (“Plaintiff”), individually and on behalf of the Class; (ii) defendants Avi S. Katz, Raluca Dinu, Neil Miotto, John Mikulsky, and Gil Frostig (collectively, the “Individual Defendants”); and (iii) GigAcquisitions2, LLC (together with the Individual Defendants, the “Defendants”); and non-party UpHealth, Inc. (together with Plaintiff and Defendants, the “Parties,” and each a “Party”) have reached a proposed settlement for $7,250,000 in cash (the “Settlement Amount”) as set forth in the Stipulation (the “Settlement”). The Settlement, if approved, will resolve all claims in the Action.
If you are a member of the Class, you are subject to the Settlement. The Class certified by the Court consists of:
All record and beneficial holders of UpHealth, Inc. f/k/a GigCapital2, Inc. (“New UpHealth” or the “Company”) common stock who held such shares between the close of business on April 26, 2021 and June 9, 2021 (the “Class Period”), but excluding Redeeming Stockholders and the other Excluded Persons (as defined in the Stipulation and the Notice) (the “Class”).
PLEASE READ THE SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
If you have questions, you may call the GigAcquisitions2 Stockholder Litigation Help Line at 800-985-7155 or email info@uphealthstockholderlitigation.com.
| Description | Due Date | |
|---|---|---|
| Receive a payment from the settlement. Class Members DO NOT need to submit a claim form. |
If you are a member of the Class you may be eligible to receive a pro rata distribution from the Settlement proceeds. Eligible Class Members do not need to submit a claim form in order to receive a distribution from the Settlement, if approved by the Court. Your distribution from the Settlement will be paid to you directly. See Paragraphs 36-40 of the Notice for further discussion. |
|
| Object to the Settlement by submitting a written objection so that it is RECEIVED no later than September 24, 2024. |
If you are a member of the Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, or Class Counsel’s request for a Fee and Expense Award, you may write to the Court and explain the reasons for your objection. |
|
| Attend a hearing on October 08, 2024, at 01:30 P.M., and file a notice of intention to appear so that it is RECEIVED no later than September 24, 2024. |
Filing a written objection and notice of intention to appear that is received by September 24,2024, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the October 08, 2024 hearing may be conducted by telephone or videoconference (see paragraphs 44-46 of the Notice). If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection. |