Frequently Asked Questions

  1. Why did I get the Notice package?

    You or someone in your family may have purchased or otherwise acquired Nano-X securities during the period August 21, 2020, and November 17, 2021. The Court directed that the Notice be sent to potential Settlement Class Members because they have a right to know about a proposed Settlement of a class action litigation, and about all of their options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement and any appeals are resolved, a Claims Administrator appointed by the Court will make the payments that the Settlement allows. The Notice explains this Litigation, the Settlement, your legal rights, what benefits are available, who is eligible for them and how to get them. It is not an expression of any opinion by the Court with respect to the truth of the allegations of the Litigation or the merits of the claims or defenses asserted.

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  2. What is this lawsuit about?

    Nano-X is a development-stage company based in Israel which claimed to have designed a digital X-ray source for use in medical imaging systems. This proposed Settlement relates to two class action lawsuits, both based in the United States District Court for the Eastern District of New York Court, and both alleging that Nano-X and certain of its officers and directors violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by making untrue statements or omitting to state material facts required to be disclosed in their public statements. Specifically, Lead Plaintiffs in the White Action (defined below) allege that Defendants made false and misleading statements between August 21, 2020, and September 15, 2020, claiming that Nano-X would quickly obtain regulatory approval of its Nano-X arc imaging system, and projecting revenues purportedly coming from certain customer contracts, while failing to disclose that regulatory approval was unlikely to occur because its product was insufficiently developed, and the claimed customer contracts were not as represented. Lead Plaintiff in the In re Nano-X Action (defined below) alleges that Defendants made false and misleading statements between August 21, 2020, and November 17, 2021, claiming that its imaging system could be manufactured at far lower cost than current systems, and worked at least as well as existing technology; both. claims are alleged to be untrue when made.

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  3. Why is there a settlement?

    The Settlement was reached after a thorough investigation by Lead Counsel in both the White and In re Nano-X Actions and following full briefing of Defendants’ motion to dismiss in the In re Nano-X Action. The White Action was stayed pending the ruling on Defendants’ motion to dismiss in the In re Nano-X Action. In neither Action in the Litigation has the Court reached any decisions as to the merits of Lead Plaintiffs’ claims. Lead Plaintiffs believed they could have obtained a recovery if they survived Defendants’ motions to dismiss the case, future anticipated summary judgment motions, and would have won at trial; while the Defendants believe they would have prevailed on their motions to dismiss, or otherwise prevailed on their subsequent summary judgment motions; or that, if the Actions had been allowed to proceed to trial, Lead Plaintiffs would not have won anything at a trial and that Lead Plaintiffs and Class Members would thus have gotten no recovery at all. Instead, Plaintiff and Defendants have agreed to the Settlement, which was reached with the substantial assistance of a highly respected mediator of complex class actions. In reaching the Settlement, the Settling Parties have avoided the risks, costs and delays of further litigation, trial, and likely appeals.

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  4. How do I know if I am a Settlement Class Member?

    If you purchased or acquired Nano-X securities during the period August 21, 2020, through November 17, 2021, inclusive (the “Settlement Class Period”), you are a Settlement Class Member, except for certain exclusions listed in FAQ 7.

    PLEASE NOTE: Receipt of a Notice does not mean that you are a Settlement Class Member or that you will be entitled to receive a payment from the Settlement. If you are a Settlement Class Member and you wish to be eligible to participate in the distribution of proceeds from the Settlement, you are required to submit the Proof of Claim and Release that is being distributed with the Notice and the required supporting documentation, as set forth therein, postmarked (for U.S. Mail), received by the private carrier (for FedEx, UPS, etc.) or submitted online or via email no later than February 19, 2024.

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  5. What if I am still not sure if l am included?

    If you are still not sure whether you are included, you can ask for free help. You can contact the Claims Administrator toll-free at 888-977-4348, contact Lead Counsel, or you can fill out and return a Proof of Claim form found on this website to see if you qualify.

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  6. What does the Settlement provide?

    The Settlement, if approved, will result in the creation of a cash settlement fund of $8,000,000, plus all interest and accretions thereto (the “Settlement Fund”). The Settlement Fund, less (a) any Fee and Expense Award, including interest thereon; (b) any Lead Plaintiff Award for representing the interests of the Settlement Class; (c) Notice and Administration Expenses; (d) Settlement Fund Taxes and Tax Expenses; and (e) any other Court-approved deductions (the “Net Settlement Fund”), will be distributed to eligible Settlement Class Members pursuant to the Plan of Allocation that is described in FAQ 7.

    In return, the Parties have agreed to dismiss the Litigation with prejudice, and Lead Plaintiffs and all Settlement Class Members who do not exclude themselves from the Settlement Class agree to release, relinquish and discharge all Released Claims against the Defendants and their respective Related Parties (collectively, the “Released Defendant Parties”), whether or not these Class Members execute and deliver Proof of Claim and Release forms.

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  7. How much will my payment be?

    If you are entitled to a payment, your share of the Net Settlement Fund will depend on, among other things, the number of Authorized Claimants. The Claims Administrator shall allocate to each Authorized Claimant a pro rata share of the Net Settlement Fund based on his, her, or its Recognized Claim as compared to the total Recognized Claims of all Authorized Claimants. No distribution shall be made to Authorized Claimants who would otherwise receive a distribution of less than $10.00.

    Distributions will be made to Authorized Claimants after all claims have been processed and after the Court has finally approved the Settlement. If there is any balance remaining in the Net Settlement Fund six months after the date of the initial distribution of the Net Settlement Fund, Lead Counsel shall, if feasible, after payment of any outstanding Notice and Administration Expenses, reallocate such balance among Authorized Claimants who negotiated the checks sent in the initial distribution and who would receive a minimum of $10.00 as part of an additional distribution. These additional distributions shall be repeated every six months until the balance remaining in the Net Settlement Fund is reduced to a de minimis level such that, in the reasonable judgment of Lead Counsel, it no longer makes economic sense, considering costs of distribution, to attempt to make further distributions. Any balance that thereafter still remains in the Net Settlement Fund after such reallocation(s) and payments, which is not feasible or economical to reallocate, shall be donated to Investor Protection Trust, a nonprofit organization devoted to investor education, or another §501(c)(3), non-profit charitable organization designated by Lead Plaintiffs and approved by the Court.

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  8. How can I get a payment?

    In order to qualify for a payment, you must be an eligible Settlement Class Member and send in a valid and timely Proof of Claim and Release form. A Proof of Claim and Release form is enclosed with the Notice and may also be downloaded here. Read the instructions carefully, fill out the Proof of Claim and Release form; sign it; and mail or submit it online, along with the required supporting documents, so that it is postmarked (for U.S. Mail, if mailed) or received by the private carrier (for FedEx, UPS, etc.) or received by the Claims Administrator (if submitted online) no later than February 19, 2024. Any Settlement Class Member who fails to submit a Proof of Claim and Release form by such date shall be forever barred from receiving any distribution from the Net Settlement Fund (unless by order of the Court the deadline is extended or such Settlement Class Member’s Proof of Claim and Release form is accepted), but shall otherwise be bound by all of the terms of the Stipulation and the Judgment, including the releases therein, and will be permanently barred and enjoined from asserting any of the Released Claims against any of the Released Defendant Parties.

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  9. When would I get my payment?

    The Court will hold a Settlement Hearing on February 15, 2024, to decide whether to approve the Settlement. If the Settlement is approved, the Claims Administrator will complete the administration process and determine how much each Authorized Claimant is entitled to receive. Lead Counsel will then seek permission from the Court to distribute the Net Settlement Fund on a pro rata basis to Authorized Claimants. This is necessarily a long process. Please be patient. If your address changes, please contact the Claims Administrator.

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  10. What am I giving up to get a payment or to stay in the Class?

    If you are a Settlement Class Member and you do not exclude yourself from the Settlement, you will be bound by any orders issued by the Court. If the Settlement is approved by the Court, the Court will enter a Judgment. If the Judgment becomes Final pursuant to the terms of the Stipulation, all Settlement Class Members shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged any and all of the Released Defendant Parties from all Released Claims. The Judgment shall also provide for the full and final release of all Released Defendants’ Claims, as against the Released Plaintiff Parties.

    • “Released Claims” means all claims, demands, losses, rights, and causes of action of every nature and description, including both known claims and Unknown Claims (as defined below and in ¶1.53 of the Stipulation), whether arising under federal, state, common, or foreign law, by Released Plaintiff Parties, whether brought directly or indirectly against any of the Released Defendant Parties, that have been or could have been asserted in the Litigation or could in the future be asserted in any forum, whether foreign or domestic, and which arise out of or relate in any way, to: (a) any of the allegations, transactions, events, disclosures, statements, acts, or omissions that were asserted, involved, set forth, asserted, or referred to, or could have been asserted, by a Released Plaintiff Party in the Litigation; and (b) arise out of, are based upon, or relate in any way, directly or indirectly, to the purchase, acquisition, holding, sale, disposition, or ownership of Nano-X securities during the Settlement Class Period. “Released Claims” do not include claims to enforce the Settlement, or the claims of any Person that submits a Request for Exclusion that is accepted by the Court.
    • “Released Defendant Parties” means Defendants, Defendants’ Counsel, and their Related Parties.
    • “Released Defendants’ Claims” means any and all claims and causes of action of every nature and description whatsoever, including both known claims and Unknown Claims, against Released Plaintiff Parties that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against any Defendants in the Litigation, except for claims relating to the enforcement of the Settlement. “Released Defendants’ Claims” do not include (a) claims between or among Defendants or any combination of Defendants, including claims for indemnification; or (b) between Defendants and their insurers.
    • “Released Plaintiff Parties” means each and every Settlement Class Member, Lead Plaintiffs, Lead Counsel, Plaintiffs’ Counsel, and their Related Parties.
    • “Related Parties” when used in reference to a Person, means and includes (i) the Person; (ii) for natural persons, each of that Person’s immediate family members and any trust of which the Person is settler or which is for the benefit of any such Person and/or member of his family, and, for non-natural persons, each of their direct or indirect parents, subsidiaries or wholly-owned affiliates; and (iii), for any of the Persons listed in sub-parts (i) or (ii) of this definition, their respective present and former employees, members, partners, principals, officers, directors, controlling shareholders, agents, attorneys, underwriters, investment bankers, commercial bankers, insurers, reinsurers, predecessors, successors, estates, immediate family members, spouses, heirs, executors, trusts, trustees, administrators, agents, attorneys, legal or personal representatives, assigns, and assignees of each of them, and any controlling person thereof, in their capacities as such, and any entity in which such Person has a controlling interest.
    • “Unknown Claims” means (a) any and all Released Claims that any of the Released Plaintiff Parties do not know or suspect to exist in his, her, or its favor at the time of the release of the Released Defendant Parties, which, if known by him, her, or it, might have affected his, her, or its settlement with and release of the Released Defendant Parties, or might have affected his, her, or its decision(s) with respect to the Settlement, including, but not limited to, whether or not to object to the Settlement or seek exclusion from the Settlement Class; and (b) any and all Released Defendants’ Claims that any of the Released Defendant Parties do not know or suspect to exist in his, her, or its favor at the time of the release of the Released Plaintiff Parties that, if known by him, her, or it, might have affected his, her, or its settlement and release of the Released Plaintiff Parties. With respect to (a) any and all Released Claims against the Released Defendant Parties and (b) any and all Released Defendants’ Claims against the Released Plaintiff Parties, the Settling Parties stipulate and agree that, upon the Effective Date, the Settling Parties shall expressly waive, and each Released Plaintiff Party and Released Defendant Party shall be deemed to have, and by operation of the Judgment shall have expressly waived, the provisions, rights, and benefits of California Civil Code §1542, which provides:

    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

    The Settling Parties shall expressly waive, and each Releasing Plaintiff Party and Released Defendant Party shall be deemed to have, and by operation of the Judgment shall have, expressly waived any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code §1542. The Releasing Plaintiff Parties and Released Defendant Parties acknowledge, and shall be deemed by operation of law to have acknowledged, that they may hereafter discover facts, legal theories, or authorities in addition to or different from those which he, she, it, or their counsel now knows or believes to be true with respect to the subject matter of the Released Plaintiffs’ Claims or Released Defendants’ Claims, but (a) the Releasing Plaintiff Parties shall expressly fully, finally, and forever compromise, settle, and release, and, upon the Effective Date, and by operation of the Judgment, shall have compromised, settled, and released, fully, finally, and forever, any and all Released Plaintiffs’ Claims against the Released Defendant Parties, known or unknown, suspected or unsuspected, contingent or non-contingent, accrued or unaccrued, whether or not concealed or hidden, which now exist, or heretofore have existed, or may hereafter exist, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts, legal theories, or authorities, and (b) the Released Defendant Parties shall expressly fully, finally, and forever compromise, settle, and release, and, upon the Effective Date, and by operation of the Judgment, shall have compromised, settled, and released, fully, finally, and forever, any and all Released Defendants’ Claims against Lead Plaintiffs, the Settlement Class and Lead Plaintiffs’ Counsel, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts, legal theories, or authorities. The Settling Parties acknowledge, and the Releasing Plaintiff Parties and Released Defendant Parties shall be deemed by operation of the Judgment to have acknowledged, that the foregoing waiver was separately bargained for and is an essential element of the Settlement of which this release is a part.

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  11. How do I get out of the Settlement Class and the proposed Settlement?

    To exclude yourself from the Settlement Class, you must send a written or e-mail request saying that you want to be excluded from the Settlement Class in the following Litigation: Nano-X Securities Litigation, Case Nos. 20-cv-04355-WFK and 21-cv-05517-RPK (a “Request for Exclusion”). Your Request for Exclusion must legibly state your name, address, telephone number, and the date(s), price(s) and number(s) of shares of all your purchases, acquisitions and sales of Nano-X securities during the period August 21, 2020, through November 17, 2021, inclusive. Your Request for Exclusion must also include adequate documentation to evidence such transactions in Nano-X securities (such as account statements or trading records) and must be personally signed by the Settlement Class Member. Do not send originals of your documentation as they will not be returned. All Requests for Exclusion must be postmarked (for U.S. Mail) or received by the private carrier (for FedEx, UPS, etc.) no later than January 25, 2024, and sent to the Claims Administrator at:

    Nano-X Securities Litigation Settlement
    EXCLUSIONS
    c/o Epiq Systems, Inc.
    PO Box 6786
    Portland, OR 97228-6786
    or by email: info@NanoXSettlement.com.

    You cannot exclude yourself by telephone.

    If you make a proper Request for Exclusion, you will not receive a settlement payment, and you cannot object to the Settlement. If you make a proper Request for Exclusion, you will not be legally bound by the Settlement or Judgment or the releases therein, and you may be able to sue Nano-X and the other Released Defendant Parties about the Released Claims in the future.

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  12. If I do not exclude myself, can I sue the Defendants and the other Released Persons for the same conduct later?

    No. Unless you timely and validly exclude yourself from the Settlement Class, you give up any rights to sue Defendants and the other Released Defendant Parties, or to enforce any existing judgments against any of the Released Defendant Parties, for any and all Released Claims, outside this Litigation in the future. If you have a pending lawsuit against Defendants or the other Released Defendant Parties, speak to your lawyer in that case immediately to determine if you have to exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is January 25, 2024.

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  13. If I exclude myself, can I get money from the proposed Settlement?

    No. If you exclude yourself, do not send in a Proof of Claim and Release form to ask for any money. However, you may exercise any right you may have to sue, continue to sue, or be part of a different lawsuit against Defendants and the other Released Defendant Parties.

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  14. Do I have a lawyer in this case?

    The following attorneys are counsel for the Settlement Class (“Lead Counsel”):

    Lead Counsel
    Nicholas I. Porritt
    LEVI & KORSINSKY, LLP
    55 Broadway, Suite 427
    New York, NY 10006
    phoneIcon 1-212-363-7500
    Facsimile: 1-212-363-7171
    emailIcon nporritt@zlk.com
    Jeremy A. Lieberman
    POMERANTZ LLP
    600 Third Avenue
    New York, New York 10016
    phoneIcon 1-212-661-1100
    Facsimile: 1-917-463-1044
    emailIcon jalieberman@pomlaw.com

    You will not be separately charged for Lead Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  15. How will the lawyers be paid?

    Lead Counsel has litigated this matter since its inception on a fully contingent basis and advanced all expenses on behalf of the Settlement Class. Lead Counsel will file a motion for an award of attorneys’ fees and expenses that will be considered at the Settlement Hearing. Lead Counsel will apply for an attorneys’ fee award for Plaintiffs’ Counsel in the total amount of up to 33-1/3% or 1/3 of the Settlement Fund, plus payment of Plaintiffs’ Counsel’s expenses incurred in connection with the Litigation in an amount not to exceed $250,000. In addition, the three Lead Plaintiffs may seek a payment of up to $9,000 in the aggregate for their reasonable time, costs and expenses relating to the representation of the Settlement Class pursuant to 15 U.S.C. §78u-4(a)(4). Additionally, at the Settlement Hearing, Lead Plaintiffs will ask the Court to approve payment of the Claims Administrator’s expenses. Such sums, as may be approved by the Court, will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. The Fee and Expense Award requested will be the only payment to compensate Plaintiffs’ Counsel for their efforts in achieving the Settlement and for their risk in undertaking this representation on a wholly contingent basis. The Court will decide what constitutes a reasonable fee and expense award and may award less than the amount requested by Lead Counsel.

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  16. How do I tell the Court that I object to the proposed Settlement?

    If you are a Settlement Class Member (and you have not excluded yourself), you can object to the Settlement if you do not like any part of it, including the Plan of Allocation, the application by Lead Counsel for an award of fees and reimbursement of expenses, or the application for an award under 15 U.S.C. §78u-4(a)(4) to the Lead Plaintiffs. You can state the reasons why you think the Court should not approve it, and the Court will consider your views. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement payments will be sent out and the Litigation will continue.

    Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Settlement Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (NanoX Securities Litigation, Case Nos. 20-cv-04355-WFK and 21-cv-05517-RPK), (b) be submitted to the Court either by mailing them to the “Clerk of the Court,” or by filing them in person at the following address: United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201, and (c) be filed or postmarked (for U.S. Mail) or received by the private carrier (for FedEx, UPS, etc.) no later than January 25, 2024. Copies should also be provided by that date to counsel for the parties. Lead Counsel’s addresses are: Levi & Korsinsky, LLP, c/o Nicholas I. Porritt, Esq., 55 Broadway, 4th Fl., Suite 427, New York, NY 10006, nporritt@zlk.com, and Pomerantz LLP, c/o Jeremy A. Lieberman, Esq., 600 Third Avenue, New York, NY 10016, jalieberman@pomlaw.com; and Defendants’ Counsel’s addresses are: Skadden, Arps, Slate, Meagher & Flom LLP, c/o Susan L. Saltzstein, Esq., One Manhattan West, New York, NY 10001, McGuireWoods LLP, c/o Jeffrey J. Chapman, 1251 Avenue of the Americas, 20th Floor, New York, NY 10020, and Barnea Jaffa Lande & Co., c/o Hadar E. Israeli, 58 Harakevet St., 21st Floor, Tel Aviv, Israel 6777016, hisraeli@barlaw.co.il.

    The objection must (a) state the reasons you object to the Settlement, (b) provide your name, address, telephone number, and be personally signed by you, (c) include documents sufficient to demonstrate membership in the Settlement Class, consisting of documents showing the number of shares of Nano-X securities you purchased/acquired and/or sold during the period August 21, 2020, through November 17, 2021, inclusive, as well as the dates, number of shares, and prices for each such purchase/acquisition and sale (i.e., copies of brokerage confirmation slips or monthly brokerage account statements, or an authorized statement from the objector’s broker containing the transactional and holding information found in a broker confirmation slip or account statement), and (d) state whether the objector is represented by counsel and, if so, the name, address, and telephone number of the objector’s counsel. Do not send the originals of your documentation as they will not be returned.

    If you object, you need not come to the Settlement Hearing to have your objection considered. However, any persons wishing to be heard orally at the Settlement Hearing must indicate in their written objection their intention to appear at the hearing and identify any witnesses they may call to testify and exhibits, if any, they intend to introduce into evidence.

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  17. What is the difference between objecting and excluding?

    Objecting is telling the Court that you do not like something about the proposed Settlement, the Plan of Allocation, Lead Counsel’s request for an award of attorneys’ fees and expenses, or the request for an award to Lead Plaintiffs for representing the Settlement Class. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Litigation no longer applies to you.

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  18. When and where will the Court decide whether to approve the proposed Settlement?

    The Court will hold a Settlement Hearing on February 15, 2024, at 11:00.a.m., at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Courtroom 4E-N, Brooklyn, NY 11201, for the purpose of determining whether: (i) the Settlement, as set forth in the Stipulation, for $8,000,000 in cash should be approved by the Court as fair, reasonable, and adequate; (ii) Judgment, as provided under the Stipulation, should be entered; (iii) to award Plaintiff’s Counsel attorneys’ fees and expenses out of the Settlement Fund and, if so, in what amount; (iv) to compensate Lead Plaintiffs for their efforts in representing the Settlement Class out of the Settlement Fund and, if so, in what amount; and (v) the Plan of Allocation should be approved by the Court. The Court may adjourn or continue the Settlement Hearing or hold the Settlement Hearing by telephonic or video conference without further notice to members of the Settlement Class. Any change to the Settlement Hearing date, time, or manner will be posted on this settlement website and may also be found by checking the Court’s fee-based Public Access to Court Electronic Records (“PACER”) site or with Lead Counsel.

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  19. Do I have to come to the hearing?

    No. Lead Counsel will answer questions the Court may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you filed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but attendance is not necessary. Settlement Class Members do not need to appear at the Settlement Hearing or take any other action to indicate their approval.

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  20. May I speak at the hearing?

    If you object to the Settlement, you may ask the Court for permission to speak at the Settlement Hearing. To do so, you must indicate in your written objection (or in a separate writing filed and served in the same manner and by the same date) that it is your “intention to Appear in NanoX Securities Litigation, Case Nos. 20-cv-04355-WFK and 21-cv-05517-RPK.” Settlement Class Members who intend to object to the Settlement, the Plan of Allocation, Lead Counsel’s application for an award of attorneys’ fees and reimbursement of expenses, or an award to Lead Plaintiff and desire to present evidence at the Settlement Hearing must include in their written objections the identity of any witnesses they propose to call to testify and any exhibits they intend to offer into evidence at the Settlement Hearing. You cannot speak at the hearing if you exclude yourself from the Settlement Class or if you fail to provide written notice to the Court of your intention to speak at the Settlement Hearing by the January 25, 2024 deadline for objections.

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  21. What happens if I do nothing at all?

    If you do nothing, you will not receive a payment from the Settlement. However, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against Defendants or the Released Defendant Parties about the claims being released in the Settlement.

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  22. Are there more details about the proposed Settlement and the lawsuit?

    The Notice contains only a summary of the terms of the proposed Settlement. More details are in the Stipulation. You may obtain a copy of the Stipulation and other documents related to the Settlement, including the Notice, the Proof of Claim and Release form, and the proposed Judgment, on the Important Documents page, or by contacting the Claims Administrator by email, telephone or mail at the address provided here. In addition, the records in the Litigation may be examined and copied at any time during regular office hours, and subject to customary copying fees, at the Office of the Clerk of the United States District Court for the Eastern District of New York, or through the Court’s PACER system at https://ecf.cand.uscourts.gov. You may also contact Nicholas I. Porritt, Esq., Levi & Korsinsky, LLP, 55 Broadway, Suite 427, New York, NY 10006, Tel. No. 1-212-363-7500, or Jeremy A. Lieberman, Esq., Pomerantz LLP, 600 Third Avenue, New York, NY 10016, Tel. No. 1-212-661-1100, if you have any questions about the Litigation or the Settlement.

    PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

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Special Notice to Nominees

If you hold any Nano-X securities purchased or acquired between August 21, 2020, and November 17, 2021, inclusive, as a nominee for a beneficial owner, then, within ten (10) business days after you receive the Notice, you must either: (i) send a copy of the Notice, and the enclosed Proof of Claim and Release, by First-Class Mail to all such Persons; or (ii) provide a list of the names and addresses of such Persons to the Claims Administrator at one of the following:

Nano-X Securities Litigation Settlement
Epiq Systems, Inc.
P.O. Box 6786
Portland, OR 97228-6786
emailIcon info@NanoXSettlement.com
phoneIcon 1-888-977-4348

If you choose to mail the Notice and Proof of Claim yourself, you may obtain from the Claims Administrator (without cost to you) as many additional copies of these documents as you will need to complete the mailing.