This official website is maintained by the Settlement Administrator under the supervision of Lead Counsel in the action captioned Newbold v. McCaw, et al. , No. 2022-0439-LWW (the “Action”), which is pending in the Court of Chancery of the State of Delaware (the “Court”).
The information contained on this web page is only a summary of information presented in more detail in the Notice of Pendency and
Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear (the “Notice”), which you can access by clicking
here. Since this website is just a summary, you should review the
Notice for additional details.
The parties to the Action have reached a proposed settlement of the Action for $16,500,000 in cash (the “Settlement”). The proposed Settlement, if approved by the Court, will resolve all claims in the Action.
If you are a member of the Settlement Class, you are subject to the Settlement. The Settlement Class preliminarily certified by the Court solely for purposes of the Settlement consists of:
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, Class Members do not have the right to exclude themselves from the Settlement Class.
Payments to Eligible Class Members will be made only if the Court approves the Settlement and a Plan of Allocation, and only after any appeals are resolved. Please be patient, as this process will take some time to complete.
The parties to the Action have reached a proposed settlement of the Action for $16,500,000 in cash (the “Settlement”). The proposed Settlement, if approved by the Court, will resolve all claims in the Action.
If you are a member of the Settlement Class, you are subject to the Settlement. The Settlement Class preliminarily certified by the Court solely for purposes of the Settlement consists of:
All holders of Holicity Inc. (“Holicity”) Class A common stock (excluding, for the avoidance of doubt, shares of Holicity Class B common stock that converted
into Holicity Class A common stock solely in connection with the Merger), whether beneficial or of record, together with the heirs, successors in interest,
transferees, and assignees of all such foregoing holders, as of the effective time of the acquisition of legacy Astra Space, Inc. (“Legacy Astra”) by Holicity
on June 30, 2021 (the “Effective Time”), but excluding (i) Defendants Craig McCaw, Cathleen A. Massey, Wayne Perry, R. Gerard Salemme, Dennis Weibling, and
Randy Russell (collectively, the “Individual Defendants”); Pendrell Corporation (“Pendrell”); and X-icity Holdings Corporation f/k/a Pendrell Holicity Holdings
Corporation (“X icity,” and together with the Individual Defendants and Pendrell, “Defendants”); (ii) any person who was an officer or director of Holicity,
Astra Space, Inc., Legacy Astra, Pendrell, or X-icity as of the Effective Time; (iii) the immediate family members of any of the foregoing; (iv) any trusts,
estates, entities, or accounts that held Holicity Class A common stock for the benefit of any of the foregoing; and (v) the legal representatives, heirs,
successors-in-interest, successors, transferees, and assigns of the foregoing.
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, Class Members do not have the right to exclude themselves from the Settlement Class.
Payments to Eligible Class Members will be made only if the Court approves the Settlement and a Plan of Allocation, and only after any appeals are resolved. Please be patient, as this process will take some time to complete.
| CLASS MEMBERS’ LEGAL RIGHTS IN THE SETTLEMENT: | |
|---|---|
| RECEIVE A PAYMENT FROM THE SETTLEMENT. CLASS MEMBERS DO NOT NEED TO SUBMIT A CLAIM FORM. | If you are a member of the Settlement Class, you may be eligible to receive a pro rata distribution from the Settlement proceeds. Eligible Class Members do not need to submit a claim form in order to receive a distribution from the Settlement, if approved by the Court. If you are eligible for a distribution from the Settlement, it will be paid to you directly. See paragraphs 27-36 of the Notice for further discussion. |
| OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN JULY 15, 2024. | If you are a member of the Settlement Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, or Plaintiff’s Counsel’s application for an award of attorneys’ fees and expenses, including Plaintiff’s application for an incentive award, you may write to the Court and explain the reasons for your objection. |
| ATTEND A HEARING ON JULY 30, 2024, AT 1:30 PM., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN JULY 15, 2024. | Filing a written objection and notice of intention to appear that is received by July 15, 2024, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the July 30, 2024 hearing may be conducted by telephone or videoconference (see paragraphs 44-45 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. |
Please read the Notice
carefully. If you have questions, you may call the Holicity Stockholders Litigation Help Line at
(877) 411-4620 or email info@HolicityStockholdersLitigation