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Summary Notice of Pendency and Proposed Settlement of Derivative Actions

NextEra Energy

News provided by

NextEra Energy, Inc.

Oct 06, 2026, 16:15 ET

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JUNO BEACH, Fla., Oct. 6, 2026 /PRNewswire/ -- NextEra Energy, Inc. (NYSE: NEE) has released the following notice:

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

DONEL DAVIDSON and KEITH CHIN,
Derivatively on Behalf of NEXTERA
ENERGY, INC.,

Plaintiffs,

v.

ERIC E. SILAGY, JAMES L. ROBO,
SHERRY S. BARAT, JAMES L.
CAMAREN, KENNETH B. DUNN, KIRK S.
HACHIGIAN, NAREN K. GURSAHANEY,
AMY B. LANE, DARRYL L. WILSON,
DAVID L. PORGES, RUDY E. SCHUPP,
JOHN L. SKOLDS, and LYNN M. UTTER, 

Defendants,

-and-

NEXTERA ENERGY, INC., a Florida
corporation,

Nominal Defendant.

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     Case No. 50-2023-CA-012434-XXXX-MB

SUMMARY NOTICE OF PENDENCY 
AND PROPOSED SETTLEMENT OF DERIVATIVE ACTIONS

TO:    ALL RECORD HOLDERS AND BENEFICIAL OWNERS OF THE COMMON STOCK OF NEXTERA ENERGY, INC. ("NEE" OR THE "COMPANY") AS OF JUNE 11, 2026 (THE "RECORD DATE").

THIS NOTICE RELATES TO THE PENDENCY AND PROPOSED SETTLEMENT OF SHAREHOLDER DERIVATIVE LITIGATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. IF YOU ARE A NEE SHAREHOLDER, THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS.

THIS IS NOT A "CLASS ACTION." THUS, THERE IS NO COMMON FUND UPON WHICH YOU CAN MAKE A CLAIM FOR MONETARY PAYMENT. IF YOU DO NOT OBJECT TO THE TERMS OF THE PROPOSED SETTLEMENT OR THE AMOUNT OF ATTORNEYS' FEES AND EXPENSES DESCRIBED IN THIS NOTICE, YOU ARE NOT OBLIGATED TO TAKE ANY ACTION.

PLEASE TAKE NOTICE that the above-captioned shareholder derivative action, as well as several related Derivative Matters, are being settled on the terms set forth in a Stipulation and Agreement of Settlement (the "Stipulation" or "Settlement").1 

Under the terms of the Stipulation, as part of the proposed Settlement: (i) the Individual Defendants shall have their D&O insurance carriers pay the amount of $15.5 million to NEE; and (ii) NEE shall adopt, implement, or maintain the Governance Reforms set forth in Exhibit A to the Stipulation for a period of no less than four (4) years.

The Company acknowledges and agrees that Settling Shareholders' respective demands, litigation, and settlement efforts in the Derivative Matters are the cause of the Settlement, and that the Settlement is fair, reasonable, and in the best interests of the Company and its shareholders.

In light of the substantial benefits produced for NEE by the Settling Shareholders and Settling Shareholders' Counsel, NEE has agreed, subject to approval of the Court, Settling Shareholders' Counsel shall receive an all-in fee and expense award in the total amount of $5.75 million (the "Fee and Expense Amount"). Settling Shareholders may seek a service award not to exceed $5,000 for each such Settling Shareholder as part of the Fee and Expense Amount. If approved by the Court, each such service award shall be paid solely out of the Fee and Expense Amount. 

On December 14, 2026, at 3:00 p.m., a hearing (the "Settlement Hearing") will be held at the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, Judge Daniel T. K. Hurley Courthouse, 205 N. Dixie Hwy., West Palm Beach, Florida 33401, before the Honorable Carolyn Bell to determine whether the terms of the proposed Settlement, including the separately negotiated attorneys' fees and expenses for Settling Shareholders' Counsel and the service awards for Settling Shareholders, should be approved as fair, reasonable, and adequate. The Settlement Hearing will be in person only, and no remote appearances will be permitted.

Any Current NEE Shareholder that objects to the Settlement shall have a right to appear and to be heard at the Settlement Hearing, provided that he, she, or it was a shareholder of record or beneficial owner as of June 11, 2026. Any Current NEE Shareholder who satisfies this requirement may enter an appearance through counsel of such Current NEE Shareholder's own choosing and at such Current NEE Shareholder's own expense, or may appear on their own. However, no shareholder of NEE shall be heard at the Settlement Hearing unless, no later than November 30, 2026, such Current NEE Shareholder has filed with the Court and counsel for the parties, a written notice of objection containing the following information: (i) your name, legal address, and telephone number; (ii) the case name and number (Davidson, et al., v. Silagy, et al., Case No. 50-2023-CA-012434-XXXX-MB); (iii) proof of being a NEE shareholder as of the Record Date, June 11, 2026; (iv) the date(s) you acquired your NEE shares; (v) a statement of each objection being made; (vi) notice of whether you intend to appear at the Settlement Hearing. You are not required to appear; and (vii) copies of any papers you intend to submit, along with the names of any witness(es) you intend to call to testify at the Settlement Hearing and the subject(s) of their testimony.

If you wish to object to the proposed Settlement, you must file the written objection described above with the Court on or before November 30, 2026. All written objections and supporting papers must be filed with the Clerk of the Court, Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Judge Daniel T. K. Hurley Courthouse, 205 N. Dixie Hwy., West Palm Beach, Florida, 33401 and served upon each of the following Settling Parties' counsel:

Counsel for Plaintiffs in the Davidson Action:  
           

Stephen J. Oddo, Esq.

Robbins LLP

5060 Shoreham Place, Suite 300

San Diego, CA 92122

Counsel for Defendants:

Daniel J. Kramer

Audra J. Soloway

Joshua J. Hill

Paul, Weiss, Rifkind, Wharton & Garrison LLP

1285 Avenue of The Americas

New York, NY 10019

Matthew D. Stachel

Paul, Weiss, Rifkind, Wharton & Garrison LLP

1313 N. Market Street, Suite 806

Wilmington, DE 19801

Only shareholders who have filed and delivered valid and timely written notices of objection will be entitled to be heard at the Settlement Hearing unless the Court orders otherwise. Any NEE shareholder who does not make his, her, or its objection in the manner provided herein shall be deemed to have waived such objection and shall be forever foreclosed from making any objection to the fairness, reasonableness, or adequacy of the Settlement as incorporated in the Stipulation, and/or to the separately negotiated attorneys' fees and expenses to Settling Shareholders' Counsel, and/or to the service awards for the Settling Shareholders, unless otherwise ordered by the Court, but shall otherwise be bound by the Judgment to be entered and the releases to be given.

If you have any questions about matters in this Notice, you may contact counsel for plaintiffs in the Davidson Action: Robbins LLP, Stephen J. Oddo, telephone: (619) 525-3990.

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.

DATED: Oct. 6, 2026                                       

BY ORDER OF THE COURT


CIRCUIT COURT OF THE 15TH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH
COUNTY, FLORIDA

NextEra Energy, Inc.
NextEra Energy, Inc. (NYSE: NEE) is the largest electric power and energy infrastructure company in North America and is a leading provider of electricity to American homes and businesses. Headquartered in Juno Beach, Florida, NextEra Energy is a Fortune 200 company that owns Florida Power & Light Company, America's largest electric utility, which provides reliable electricity to approximately 12 million people across Florida. NextEra Energy also owns the largest energy infrastructure development company in the U.S., NextEra Energy Resources, LLC. NextEra Energy and its affiliated entities are meeting America's growing energy needs with a diverse mix of energy sources, including natural gas, nuclear, renewable energy and battery storage. For more information about NextEra Energy companies, visit these websites: www.NextEraEnergy.com, www.FPL.com, www.NextEraEnergyResources.com.

1 This notice should be read in conjunction with, and is qualified in its entirety by reference to, the text of the Stipulation, which has been filed with the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida. A link to the Stipulation may be found on the website at https://robbinsllp.com/category/settlements/. All capitalized terms herein have the same meanings as set forth in the Stipulation.

SOURCE NextEra Energy, Inc.

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