The information contained on this web page is only a summary of the information presented in more detail in the Long Form Notice. Because this web page is just a summary, you should review the Long Form Notice and Frequently Asked Questions for additional details.
Summary of the Action and Settlement
The Settlement seeks to partially resolve a lawsuit related to Atonomi LLC’s 2018 sale of ATMI tokens alleging that the sale failed to comply with the registration requirements of the Washington State Securities Act. The Settlement is with defendants LaunchCapital, LLC, Woody Benson, and David Fragale, who have agreed to collectively create a Settlement Fund of $6,037,500 that will pay Claims to investors after deduction of fees, costs, taxes, and other items as ordered by the Court. The lawsuit will continue against the remaining defendants except for M37 Ventures, Inc. The parties agree to the dismissal of the class claims, against M37 Ventures, inc. with prejudice, with each of the parties to bear their own attorneys' fees and litigation costs. A copy of the Stipulation of Class Action Settlement and Release is available HERE.
The Settlement Class consists of:
Individuals who either (i) purchased ATMI tokens via a Series 1 or Series 2 Simple Agreement for Future Tokens (SAFT) with Atonomi in 2018; or (ii) purchased ATMI tokens through a “public sale” by Atonomi on or about June 6, 2018.
Your legal rights will be affected whether you act or do not act. Read the Notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT |
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SUBMIT A CLAIM
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If you purchased ATMI directly from Atonomi in 2018, then you can submit a Proof of Claim by February 20, 2023.
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EXCLUDE YOURSELF FROM THE SETTLEMENT
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Get no part of the Settlement Fund, but retain your rights to sue. You must exclude yourself by February 20, 2023 following the instructions on page 7 of the Notice.
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OBJECT
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Write to the Court about why you do not like the Settlement by February 20, 2023, following the instructions on pages 7-8 of the Notice.
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GO TO A HEARING
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Ask to speak to the Court about the fairness of the Settlement. The Final Approval Hearing, to determine whether the Settlement should be approved, will take place on March 22, 2023, at 2:00 p.m.
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DO NOTHING
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Give up rights to sue, but get no part of the Settlement Fund. If you fail to submit a request for exclusion, you will be barred from suing the Settling Defendants about any aspect of the 2018 sale of ATMI tokens, and will be bound by the orders of the Court in the Action.
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How do I obtain more information?
Detailed information about the Action and the Settlement is contained in the Notice. Additional information can also be obtained by contacting the Settlement Administrator by calling toll-free 1-833-636-2117; or emailing info@AtonomiSecuritiesSettlement.com; or mailing a letter to:
Atonomi Securities Settlement
c/o JND Legal Administration
P.O. Box 91408
Seattle, WA 98111
Inquiries should NOT be directed to the Court or the Clerk of the Court.
© JND Legal Administration. All rights reserved.
