The information contained on this website is only a summary of the information presented in more detail in the Corrected Notice of Pendency of Class Action, Proposed Settlement of Class Action, Settlement Hearing, and Right to Appear (the “Notice”). If you were a public stockholder of Fusion Acquisition Corp. (“FAC” or the “Company”) Class A Common Stock who held such stock as of the Redemption Deadline on September 17, 2021 (the “Redemption Deadline”), and who elected not to redeem all or some of your stock, including your heirs, successors in-interest, transferees, and assigns, excluding any Excluded Persons (the “Class”).
Please be advised that that (i) Plaintiffs Kyle Martel and Joe Bryant (the “Plaintiffs”), individually and on behalf of the Class (defined in Paragraph 31 of the Notice); (ii) Defendants John James, Jeffrey Gary, Jim Ross, Kelly Driscoll, Ben Buettell, Fusion Sponsor LLC (the “FAC Defendants”), Diwakar Choubey (“Choubey”), and Broadhaven Capital Partners, LLC (“Broadhaven”) (collectively, the “Defendants,” and together with Plaintiffs, the “Parties,” and each a “Party”), have reached a proposed settlement for $12,750,000.00 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 preliminary certified by the Court solely for purposes of the Settlement consists of:
All record and beneficial holders of FAC Class A Common Stock, who held such stock as of the Redemption Deadline of September 17, 2021, and who elected not to redeem all or some of their stock, including their heirs, successors-in-interest, successors, transferees, and assigns, but excluding: (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 as of September 17, 2021, 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 Settlement Class is a non-“opt-out” class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2). Accordingly, Settlement Class Members do not have the right to exclude themselves from the Settlement Class.
Please Note: If you are eligible to receive a payment from the Net Settlement Fund, you must submit a claim form in order to receive your maximum potential recovery.
Please be patient. If the Settlement is approved by the Court, it will take some time to conduct the Settlement distribution.
PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY. The Notice explains how Class Members will be affected by the Settlement. The following table provides a brief summary of the rights you have as a Class Member and the relevant deadlines, which are described in more detail in the Notice.
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TO MAXIMIZE YOUR RECOVERY POTENTIAL FROM THE SETTLEMENT, CLASS MEMBERS MUST SUBMIT A PROOF OF CLAIM FORM BY NO LATER THAN SEPTEMBER 2, 2025. |
If you are a member of the Class (defined in Paragraph 31 of the Notice), you may be eligible to receive a distribution from the Settlement proceeds. Class Members must submit a Proof of Claim and Release in order to maximize their recovery potential from the Settlement, if approved by the Court. See Paragraphs 40-45 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 JULY 9, 2025. |
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 by the deadline for submitting such objection and explain the reasons for your objection. |
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ATTEND A HEARING ON JULY 24, 2025 AT 11:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN JULY 9, 2025. |
Filing a written objection and notice of intention to appear that is received by July 9, 2025, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the July 24, 2025 hearing may be conducted by telephone or videoconference (see Paragraphs 59-62 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. |