
NEW YORK, May 27, 2026 /PRNewswire/ -- The following statement is being issued by Levi & Korsinsky, LLP:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
TEUZA - A FAIRCHILD TECHNOLOGY PLAINTIFFS, VS. MARK LINDON, MICHAEL DREYER, DEFENDANTS. |
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C.A. NO. 2022-0130-BWD |
AMENDED SUMMARY NOTICE OF CLASS ACTION, PROPOSED SETTLEMENT, SETTLEMENT HEARING, AND RIGHT TO APPEAR
TO: ALL RECORD AND BENEFICIAL HOLDERS OF BIONESS, INC. COMMON STOCK AS OF MARCH 30, 2021, TOGETHER WITH THEIR HEIRS, ASSIGNS, TRANSFEREES, AND SUCCESSORS-IN-INTEREST
PLEASE READ THIS AMENDED SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Chancery of the State of Delaware (the "Court"), that the above-captioned stockholder class action (the "Action") is pending in the Court.
YOU ARE ALSO NOTIFIED that Plaintiffs Teuza – A Fairchild Technology Venture Ltd. ("Teuza"), Nachos, Inc. ("Nachos"), and Adnir Holdings Ltd. ("Adnir", and collectively, "Plaintiffs"), on behalf of themselves and the Class have reached a proposed settlement with Michael Dreyer, Anoosheh Bostani, Alfred E. Mann Trust, and Mann Group, LLC (the "Mann Defendants") and Mark Lindon (together with the Mann Defendants, the "Defendants") for $8,900,000 in cash (the "Settlement"). The terms of the Settlement are stated in the Stipulation and Agreement of Compromise, Settlement, and Release (the "Stipulation") on January 15, 2026, a copy of which is available at www.BionessStockholderSettlement.com. If approved by the Court the Settlement will resolve all claims in this Action.
A hearing (the "Settlement Hearing") will be held on August 4, 2026 at 1:30 p.m., before the Honorable Bonnie W. David at the Court of Chancery of the State of Delaware, Sussex County, 34 The Circle, Georgetown, Delaware 19947 (or at such a date and time as the Court may direct without further notice), to: (i) determine whether to finally certify the Class, for settlement purposes only, pursuant to Court of Chancery Rules 23(a), 23(b)(i), and 23(b)(ii), (ii) determine whether Plaintiffs and Plaintiffs' counsel have adequately represented the interests of the Class; (iii) determine whether the proposed Settlement, as set forth in the Stipulation, should be approved by the Court as fair, reasonable, adequate, and in the best interests of the Class; (iv) determine whether an order and judgment should be entered approving the Settlement and dismissing the Action with prejudice, releasing, barring, and enjoining prosecution of Plaintiffs' Released Plaintiffs' Claims, upon the terms and conditions set forth in the Stipulation; (v) hear and determine any objections to the Settlement; (vi) hear and determine whether the proposed Plan of Allocation is fair and reasonable and should be approved; (vii) hear and determine the Fee and Expense Application, including Plaintiffs' Counsel's request for attorneys' fees of no more than $2,225,000 and reimbursement of expenses not to exceed $500,000, to be paid out of the Settlement Fund, and requests for service awards for Plaintiffs in the amounts of $350,000 to Teuza, $100,000 to Nachos, and $10,000 to Adnir, to be paid out of any attorneys' fees awarded by the Court, and (viii) hear other such matters as the Court may deem necessary and appropriate. Any updates regarding the Settlement Hearing, including any changes to the date or time of the hearing or updates regarding in-person or remote appearances at the hearing, will be posted to the Settlement website www.BionessStockholderSettlement.com.
If you are a member of the Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Net Settlement Fund. You may obtain a copy of the full Amended Notice by contacting the Settlement Administrator at [email protected] or 1-877-269-4873. The full Amended Notice can also be downloaded from the Settlement website, www.BionessStockholderSettlement.com.
If the Settlement is approved by the Court and the Effective Date occurs, the Net Settlement Fund will be distributed on a pro rata basis to Class members in accordance with the proposed Plan of Allocation stated in the Amended Notice or such other plan of allocation as may be approved by the Court.
Any objections to the proposed Settlement, the proposed Plan of Allocation, Plaintiffs' Counsel's application for an award of attorneys' fees and expenses in connection with the Settlement (including service awards to Plaintiffs), or any other matters to be addressed at the Settlement Hearing must be filed with the Register in Chancery in the Court of Chancery of the State of Delaware and delivered to Plaintiffs' Counsel and Defendants' Counsel such that they are received no later than July 21, 2026, in accordance with the instructions set forth in the Amended Notice.
Please do not contact the Court or the Office of the Register in Chancery regarding this Amended Summary Notice. All questions about this Amended Summary Notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to the Settlement Administrator or Plaintiffs' Counsel.
Requests for the Amended Notice should be made to the Settlement Administrator:
Bioness Stockholder Settlement
c/o Epiq Systems, Inc.
P.O. Box 5450
Portland, OR 97228-5450
Toll Free: 1-877-269-4873
Inquiries, other than requests for the Amended Notice, should be made to Plaintiffs' Counsel:
LEVI & KORSINSKY, LLP
Donald J. Enright 1101 Vermont Ave.,
NW, Suite 800
Washington, DC 20005
(202) 524-4290
[email protected]
ASHBY & GEDDES, P.A.
Stephen E. Jenkins
500 Delaware Avenue, 8th Floor
P.O. Box 1150
Wilmington, Delaware 19899
(302) 654-1888
[email protected]
Attorneys for Plaintiffs
BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE
Dated: ______, 2026
SOURCE Levi & Korsinsky, LLP
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