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On December 17, 2019, GreenPower Motor Company Inc., a public company incorporated under the laws of British Columbia (“GreenPower”), of which Phillip W.
−Removed: Oldridge, the Company’s Chief Executive Officer and a member of its board of directors previously served as a senior officer and a member of its board of driectors, filed a complaint, captioned GreenPower Motor Company Inc.
−Removed: Phillip Oldridge et al., Case No.
−Removed: S-1914285, in the Supreme Court of British Columbia, against Mr.
−Removed: Oldridge, his trust, EVTDS, Envirotech Electric Vehicles Inc.
−Removed: and certain other companies affiliated therewith, among others.
−Removed: The complaint alleges that Mr.
+Added: Oldridge, the Company’s Chief Executive Officer and Chairman of the Board, and a member of its board of directors, previously served as a senior officer and a member of its board of directors, filed a notice of civil claim, captioned GreenPower Motor Company Inc.
+Added: Phillip Oldridge et al., Action No.
+Added: S-1914285, in the Supreme Court of British Columbia, against Phillip Oldridge, his trust, EVTDS and certain other companies affiliated therewith.
+Added: The notice of civil claim alleges that Mr.
Oldridge breached certain fiduciary duties owed to GreenPower by working with certain parties in direct competition with and at the expense of GreenPower.
−Removed: GreenPower seeks general damages, an accounting of profits and punitive damages, plus interest and costs.
−Removed: On February 2, 2020, defendants Envirotech Electric Vehicles Inc.
−Removed: and the other companies affiliated therewith named in the complaint filed a response to the complaint in which they denied certain of the allegations in the complaint and asserted that certain other facts were outside the knowledge of such defendants.
−Removed: Fact discovery in this matter remains ongoing.
+Added: GreenPower alleges that the Company conspired with Mr.
+Added: Oldridge to build its business, competing products and unfairly compete with GreenPower.
+Added: GreenPower seeks general damages, special damages and punitive damages, plus interest and costs against EVTDS.
+Added: On February 2, 2020, the Company and the other companies affiliated therewith named in the notice of civil claim filed a response to the civil claim in which they denied certain of the allegations and asserted that certain other facts were outside of their knowledge.
+Added: Fact discovery, through document disclosure and examinations for discoveries, in this matter remain ongoing.
We believe that the lawsuit is without merit and intend to vigorously defend the action.
+Added: On or about July 18, 2021, Greenpower and GP Greenpower Industries Inc.
+Added: filed a counterclaim against David Oldridge, Phillip Oldridge, the Company and other companies in Supreme Court of British Columbia Action No.
+Added: The counterclaim alleges that David Oldridge, Phillip Oldridge, the Company and other companies committed the tort of abuse of process by causing 42 Design Works Inc.
+Added: to commence a lawsuit against Greenpower and GP Greenpower Industries Inc.
+Added: Additionally, Greenpower and GP Greenpower Industries Inc.
+Added: also advance claim against David Oldridge, Phillip Oldridge, the Company and other companies for conspiracy.
+Added: The pleadings in this lawsuit have not closed and we intend to vigorously defend the counterclaim.
On August 23, 2018, a purported class action lawsuit captioned M.D.
2 unchanged sentences
et al., Case No.
−Removed: RIC 1817493, was filed in the Superior Court of the State of California for the County of Riverside against us, certain of our executive officers, Edward R.Monfort, the former Chief Technology Officer and a former director of ADOMANI, Inc.
+Added: RIC 1817493, was filed in the Superior Court of the State of California for the County of Riverside against us, certain of our executive officers, Edward R.
+Added: Monfort, the former Chief Technology Officer and a former director of ADOMANI, Inc.
and the two underwriters of our offering of common stock under Regulation A in June 2017.
23 unchanged sentences
At the case management conference, the court set a tentative schedule for class discovery and briefing on the motion for class certification.
−Removed: The court set the following deadlines:
−Removed: close of class discovery on June 30, 2021;
−Removed: defendants’ opposition to the motion for class certification due on July 30, 2021;
−Removed: plaintiff’s reply in support of its motion due on August 31, 2021.
−Removed: A case management conference is scheduled for September 7, 2021 to set a date for the hearing on the merits of the motion for class certification.
−Removed: Electric Drivetrains
−Removed: settled its claims against Mr.
−Removed: The Underwriters have reached tentative settlements with Electric Drivetrains on the primary claims in this matter, however all defendants are maintaining their cross claims.
+Added: On June 2, 2021, Electric Drivetrains and ADOMANI filed a stipulation extending the deadline for class certification discovery proposing the following deadlines:
+Added: close of class discovery on September 28, 2021;
+Added: defendants’ opposition to the motion for class certification due on October 28, 2021;
+Added: plaintiff’s reply in support of its motion due on November 29, 2021;
+Added: a case management conference on December 13, 2021 to set a date for hearing on the merits of the motion for class certification.
+Added: Electric Drivetrains settled its claims against Mr.
+Added: The Underwriters have reached settlements with Electric Drivetrains on the primary claims in this matter.
+Added: All defendants are maintaining their cross claims against each other.
+Added: On July 13, 2021, Electric Drivetrains’ counsel moved to be relieved as counsel.
+Added: The court will hear this motion on August 23, 2021.
We believe that the purported class action lawsuit is without merit and intend to vigorously defend the action.
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Except as set forth below, there were no material changes from the risk factors previously disclosed in the audited financial statements of Envirotech Drive Systems, Inc.
−Removed: for the year ended December 31, 2020 included in ADOMANI, Inc.’s Current Report on Form 8-K/A filed with the SEC on April 22, 2021, or as described in Part II, Item 7 of ADOMANI, Inc.’s Annual Report on Form 10-K for the year ended December 31, 2020, as filed with the SEC on March 31, 2021, as amended by ADOMANI, Inc.’s Amendment No.
−Removed: 1 to Annual Report on Form 10-K/A, as filed with the SEC on April 28, 2021.
+Added: for the year ended December 31, 2020 included in the Company’s Current Report on Form 8-K/A filed with the SEC on April 22, 2021, or as described in Part II, Item 7 of the Company’s Annual Report on Form 10-K for the year ended December 31, 2020, as filed with the SEC on March 31, 2021, as amended by that certain Amendment No.
+Added: 1 to the Company’s Annual Report on Form 10-K/A, as filed with the SEC on April 28, 2021.
UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.