Legal Proceedings.
−Removed: On July 9, 2020, the Company was named in a putative class action lawsuit filed in Marion County, Indiana Superior Court challenging the Company’s checking account practices associated with its assessment of overdraft fees for certain debit card transactions.
+Added: In July 2020, the Company was named in a putative class action lawsuit filed in Marion County, Indiana Superior Court challenging the Company’s checking account practices associated with its assessment of overdraft fees for certain debit card transactions.
The relief sought by the plaintiff includes restitution, other monetary damages, and injunctive and declaratory relief.
The plaintiff also seeks to have the case certified by the Court as a class action on behalf all citizens of Indiana who are checking account holders at German American Bank and who were assessed overdraft fees on certain debit card transactions.
−Removed: The Company believes the plaintiff’s claims are unfounded and intends to defend against them.
−Removed: As such, the Company has filed a motion to dismiss the complaint.
−Removed: The plaintiff has responded and has also stated an intention to amend the complaint.
−Removed: All discovery has been stayed by the Court during the pendency of any motion to dismiss.
−Removed: At this stage of the litigation, it is not possible for the Company’s management to determine the probability of a material adverse outcome or reasonably estimate the amount of any potential loss.
+Added: The Company believes the plaintiff’s claims are unfounded and has vehemently defended against them, including by filing a motion to dismiss the plaintiff’s amended complaint.
+Added: On August 25, 2021, while the Company’s motion to dismiss remained pending, the parties participated in a mediation conference.
+Added: The mediation conference resulted in a settlement in principle, subject to execution of a definitive settlement agreement which would be subject to the Court’s approval.
+Added: On October 21, 2021, the Company executed a Settlement Agreement and Release, pursuant to which the Company would pay the amount of $3,050,000 in full and complete settlement of plaintiff’s putative class action.
+Added: The Settlement Agreement and Release has not yet been submitted to and remains subject to the Court’s approval.
There are no other pending legal proceedings, other than routine litigation incidental to the business of the Company’s subsidiaries, to which the Company or any of its subsidiaries is a party or of which any of their property is the subject.
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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.