The information contained on this web page is only a summary of information presented in more detail in the Notice of: (I) Proposed Settlement and Plan of Allocation; (II) Settlement Hearing; and (III) Motion for an Award of Attorneys’ Fees and Expenses (the “Notice”), which you can access by clicking here. Because this website is just a summary, you should review the Notice and Settlement Agreement for additional details.
The purpose of this Notice is to inform you of the $11.5 million settlement (the “Settlement”) reached in the above-captioned class action lawsuit (the “Action”); your rights with respect to the Settlement; and the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement and the Plan of Allocation, as well as the application for fees and expenses by Plaintiff’s Counsel and Plaintiff, as set forth in the Stipulation and Agreement of Settlement, Compromise, and Release dated November 6, 2024 (the “Stipulation”) by and among plaintiff Paul Berger Revocable Trust (“Plaintiff”), on behalf of itself and the Class (as defined above); and defendants Falcon Equity Investors LLC, Eagle Falcon JV Co LLC, Alan G. Mnuchin, Jeff Sagansky, Edgar Bronfman, Jr., Karen Finerman, Michael Ronen, and Saif Rahman (collectively, “Defendants”), by their respective counsel. This Notice describes what steps you may take in relation to the Settlement and the Action.
All record and beneficial holders of FCAC Class A Common Stock, who held such stock immediately following the Redemption Deadline (June 25, 2021) and as of the Redemption Deadline, had the right to, but did not, exercise their right to redeem some or all shares of such stock, excluding the following (“Excluded Persons”): (a) Defendants; (b) members of the immediate family of any Individual Defendant; (c) any person who was a manager or managing member of any Entity Defendant during the Class Period, and any members of their immediate family; (d) any parent, subsidiary, or affiliate of an Entity Defendant; (e) any entity in which any Defendant or any other Excluded Person, or group of Excluded Persons, has, or had as of the Redemption Deadline, a controlling interest; and (f) the legal representatives, agents, affiliates, heirs, estates, successors, or assigns of any such Excluded. Persons.
PLEASE NOTE: The Class is a non-opt-out settlement class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2). Accordingly, Class Members do not have the right to exclude themselves from the Class.
Please read the Notice to fully understand your rights and options. Copies of the Notice and Claim Form can be found in the menu of this page.
Payments to eligible claimants will be made only if the Court approves the Settlement and a Plan of Allocation, only after any appeals are resolved, and after the completion of all claims processing. Please be patient, as this process will take some time to complete.
Please read the Notice carefully. If you have questions, you may call the Sharecare Stockholders Settlement Help Line at 877-869-0158 or email info@SharecareStockholderSettlement.com.
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RECEIVE A PAYMENT FROM THE SETTLEMENT. SUBMIT A CLAIM FORM POSTMARKED, OR ONLINE, NO LATER THAN MARCH 10, 2025 |
If you are a member of the Class (defined in Paragraph 20 of the Notice), you may be eligible to receive a pro rata distribution from the Settlement proceeds. Your distribution from the Settlement will be paid to you directly. See Paragraphs 31-35 of the Notice for further discussion. |
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OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN DECEMBER 27, 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. |
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ATTEND A HEARING ON JANUARY 21, 2025, AT 9:15 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN DECEMBER 27, 2024. |
Filing a written objection and notice of intention to appear that is received by December 27, 2024, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the January 21, 2025, hearing may be conducted by telephone or videoconference (see Paragraphs 39-46 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. |