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      Summary Notice to Stockholders of Big Rock Partners Acquisition Corp. as of June 8, 2021

      Levi & Korsinsky, LLP

      News provided by

      Levi & Korsinsky, LLP

      Aug 11, 2026, 17:21 ET

      Share this article

      Share this article


      NEW YORK, Aug. 11, 2026 /PRNewswire/ -- Levi & Korsinsky, LLP hereby issues the following Summary Notice pursuant to an order of the Court of Chancery of the State of Delaware issued on July 22, 2026:

      IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

      JACOB FULCHER, on behalf of himself and all similarly situated stockholders,

      Plaintiff,

      v.

      RICHARD ACKERMAN, RICHARD BIRDOFF,
      MICHAEL FONG, STUART KOENIG, STEVEN LEVINE,
      DAVID NUSSBAUM, ALBERT G. REX, TROY T.
      TAYLOR, BRAC LENDING GROUP LLC,
      EARLYBIRDCAPITAL, INC., BIG ROCK PARTNERS
      SPONSOR, LLC, JONATHAN JAVITT, and
      ALESSANDRA DAIGNEAULT,

      Defendants.

      )

      )

      )

      )

      )

      )

      C.A. No. 2024-0345-PAF

      SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF STOCKHOLDER CLASS ACTION, SETTLEMENT HEARING, 
      AND RIGHT TO APPEAR

      TO: All record and beneficial holders of Big Rock Partners Acquisition Corporation ("BRPA" or the "Company") Common Stock as of the June 8, 2021 Redemption Date who were entitled to, but did not, redeem such shares, together with their heirs, assigns, transferees and successors-in-interest who obtained shares by operation of law, but excluding Excluded Persons (as defined in the Stipulation and the Notice) (the "Class").1

      PLEASE READ THIS 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 (i) plaintiff Jacob Fulcher ("Plaintiff "), individually and on behalf of the Class; (ii) defendants Richard Ackerman, Richard Birdoff, Michael Fong, Stuart Koenig, Albert G. Rex, Troy T. Taylor, and Big Rock Partners Sponsor, LLC (the "Big Rock Defendants"); (iii) defendant Alessandra Daigneault; and (iv) former defendants Steven Levine, David Nussbaum, BRAC Lending Group LLC, and EarlyBirdCapital, Inc. (the "EBC Defendants," and together with the Big Rock Defendants and Daigneault, the "Settling Defendants," and together with Plaintiff, the "Settling Parties") have reached a proposed settlement of the Action for $2,675,000 in cash consideration as set forth in the Stipulation (the "Settlement"). A copy of the Stipulation of Settlement is available at www.BRPAStockholderSettlement.com. The Settlement, if approved by the Court, will resolve all claims in the Action against the Settling Defendants. The claims against Defendant Jonathan Javitt will be dismissed without prejudice.

      A hearing (the "Settlement Hearing") will be held on October 5, 2026 at 3:15 p.m., before The Honorable Paul A. Fioravanti, Jr., Vice Chancellor, either in person at the Court of Chancery of the State of Delaware, Leonard L. Williams Justice Center, 500 North King Street, Wilmington, Delaware, 19801, or remotely by telephone or video conference (in the discretion of the Court), to, among other things: (i) determine whether to finally certify the Class for settlement purposes only, pursuant to Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2); (ii) determine whether Plaintiff and Plaintiff 's Counsel have adequately represented the Class, and whether Plaintiff should be finally appointed as Class representatives for the Class and Plaintiff 's Counsel should be finally appointed as Class counsel for the Class; (iii) determine whether the proposed Settlement should be approved as fair, reasonable, and adequate to the Class and in the best interests of the Class; (iv) determine whether the Action should be dismissed with prejudice and the Releases provided under the Stipulation should be granted; (v) determine whether the Order and Final Judgment approving the Settlement should be entered; (vi) determine whether the proposed Plan of Allocation of the Net Settlement Fund is fair and reasonable, and should therefore be approved; (vii) determine whether and in what amount any Fee and Expense Award should be paid to Plaintiff 's Counsel out of the Settlement Fund; (viii) determine whether and in what amount any service award should be paid to Plaintiff (up to a requested amount of $2,500) to Plaintiff, to be paid exclusively out of the Fee and Expense Award; (ix) hear and rule on any objections to the Settlement, the proposed Plan of Allocation, and/or Plaintiff 's Counsel's application for a Fee and Expense Award; and (x) consider any other matters that may properly be brought before the Court in connection with the Settlement. 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.BRPAStockholderSettlement.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 Notice by downloading it from the Settlement website, www.BRPAStockholderSettlement.com, or by contacting the Settlement Administrator at BRPA Stockholder Settlement, c/o Epiq Systems, Inc., PO Box 3710, Portland, OR 97208-3170.

      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 Eligible Class Members in accordance with the terms of the proposed Plan of Allocation stated in the Notice or such other plan of allocation as is approved by the Court.

      To receive a share of the Net Settlement Fund, you must complete and submit a Claim Form by no later than November 5, 2026. The Claim Form is Exhibit B-1 to the Stipulation and may be viewed and downloaded at www.BRPAStockholderSettlement.com. If you do not complete and submit a timely Claim Form, you will not receive any portion of the Net Settlement Fund but may still be bound by its outcome.

      Any objections to the Settlement, the proposed Plan of Allocation, or Plaintiff 's Counsel's application for the Fee and Expense Award must be filed with the Register in Chancery in the Court of Chancery of the State of Delaware and delivered to Plaintiff 's Counsel and Defendants' Counsel such that they are received no later than September 21, 2026, in accordance with the instructions set forth in the Notice.

      Please do not contact the Court or the Office of the Register in Chancery regarding this Summary Notice. All questions about this Summary Notice, the Settlement, or your eligibility to participate in the Settlement should be directed to the Settlement Administrator or Plaintiff's Counsel.

      Requests for the Amended Notice should be made to the Settlement Administrator:

      BRPA Stockholder Settlement
      c/o Epiq Systems, Inc.
      P.O. Box 3710
      Portland, OR 97208-3170
      Toll Free: 1-877-357-7760

      Inquiries, other than requests for the Amended Notice, should be made to Plaintiffs's Counsel:

      LEVI & KORSINSKY, LLP
      Donald J. Enright
      1101 Vermont Ave., NW, Suite 800
      Washington, DC 20005
      [email protected]

      BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE Dated: July 22, 2026

      1 Any capitalized terms used in this Summary Notice that are not otherwise defined in this Summary Notice shall have the meanings given to them in the Amended Stipulation and Agreement of Settlement, Compromise, and Release, dated June 5, 2026 (the "Stipulation" or "Settlement"). Copies of the Stipulation and the full Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear (the "Notice") are available at the Settlement website: www.BRPAStockholderSettlement.com.

      SOURCE Levi & Korsinsky, LLP

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