Apex Stockholder Settlement
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WELCOME TO THE APEX STOCKHOLDER SETTLEMENT WEBSITE

The information contained on this website is only a summary of the information presented in more detail in the Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear ("Notice"). Because this website is just a summary, you should review the Notice for additional details.

SUMMARY OF ACTION AND SETTLEMENT

This website relates to a proposed Settlement of a stockholder class action (the "Action") brought by plaintiffs Dean William Drulias and Michael Farzad (together, “Plaintiffs”), individually and on behalf of the Class, and defendants Jeff Epstein, Brad Koenig, David Chao, Peter Bell, Donna Wells, Alex Vieux, Steven Fletcher, and Apex Technology Sponsor LLC (together, "Defendants") alleging impairment of Apex Class A stockholders' right to make an informed redemption decision in connection with the business combination between Apex and AvePoint, Inc. ("Legacy AvePoint"). Specifically, Plaintiffs allege that Defendants caused Apex to make materially false and misleading public statements about the strength of the proposed business combination, dissuading its members from redeeming their stock. Defendants deny any and all allegations of wrongdoing, fault, liability, or damages.

The Court has not decided in favor or Defendants of the Class. Instead, both sides agreed to a settlement of the Action for $14.4 million in cash ("Settlement") for the benefit of the Class. On July 10, 2025, the Court will hold a Settlement Hearing to consider final approval of the Settlement and related matters.

If you are a member of the Class, you are subject to the Settlement. The Class preliminarily certified by the Court solely for purposes of the Settlement consists of: All Persons who held shares of Apex Class A common stock as of the Redemption Deadline, either of record or beneficially, and who were entitled to, but did not, redeem all of their shares, including their heirs, successors-in-interest, successors, transferees, and assigns.

Excluded from the Class are: Apex Technology Sponsor LLC, Jeff Epstein, Brad Koenig, David Chao, Peter Bell, Donna Wells, Alex Vieux, and Steven Fletcher, as well as the members of their immediate families, and any entity in which any of them has a controlling interest, and the legal representatives, heirs, successors, or assignees of any such excluded party; and any trusts, estates, entities, or accounts that held shares of Apex Class A or Class B common stock for the benefit of any of the foregoing (together, the “Excluded Persons”).

Please Note: The 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 Class.

Please read the Notice to fully understand your rights and options. Copies of the Notice and Proof of Claim and Release (“Proof of Claim” or “Claim Form”) can be found in the Case Documents and File Claim tabs at the top of this page.

Payments to eligible claimants will be made only if the Court approves the Settlement and Plan of Allocation, 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.

CLASS MEMBERS' LEGAL RIGHTS IN THE SETTLEMENT

TO RECEIVE A PAYMENT FROM THE SETTLEMENT, CLASS MEMBERS MUST SUBMIT A PROOF OF CLAIM AND RELEASE. If you are a member of the Class, you may be eligible to receive a distribution from the Settlement proceeds. Eligible Class Members must submit a Proof of Claim and Release in order to receive a distribution from the Settlement, if approved by the Court. Proof of Claims should be postmarked or received no later than July 29, 2025. If you are eligible for a distribution from the Settlement, it will be paid to you directly.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN JUNE 26, 2025. If you are a member of the Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, and/or Plaintiffs’ Counsel’s Fee Application, including Plaintiffs’ application for a service award, you may write to the Court and explain the reasons for your objection.
ATTEND A HEARING ON JULY 10, 2025, AT 11:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN JUNE 26, 2025. Filing a written objection and notice of intention to appear that is received by June 26, 2025 allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the July 10, 2025 hearing may be conducted by telephone or videoconference (see 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.

IMPORTANT DATES AND DEADLINES

Submit Proof of Claim July 29, 2025
Object June 26, 2025
Settlement Hearing July 10, 2025, at 11:00 A.M.