18 unchanged sentences
On September 19, 2023, our former CEO filed for binding arbitration under the employment rules of the American Arbitration Association (“AAA”).
−Removed: We responded and asserted our counterclaims in a filing with the AAA on November 1, 2023.
−Removed: The response by our former CEO is due in mid-November 2023, with further proceedings to be scheduled during 2024.
+Added: An arbitrator was appointed on November 29, 2023, and the arbitration trial has been scheduled for mid-December 2024.
We intend to contest vigorously the claims under the CIC Agreement and believe that we have strong arguments that our former CEO’s claims lack merit.
3 unchanged sentences
Accordingly, it is reasonably possible that we will incur a liability in this matter, and we estimate the potential range of exposure from $0 to $12.9 million, plus costs and attorneys’ fees and compensation to our former CEO during the dispute.
+Added: On December 13, 2023, a securities class action complaint was filed against us, Mark Aslett, and Michael Ruppert in the U.S.
+Added: District Court for the District of Massachusetts.
+Added: The complaint asserts Section 10(b) and 20(a) securities fraud claims on behalf of a purported class of purchasers and sellers of our stock from December 7, 2020, through June 23, 2023.
+Added: The complaint alleges that our public disclosures in SEC filings and on earnings calls were false and/or misleading.
+Added: Subject to the terms of our by-laws and applicable Massachusetts law, Mr.
+Added: Aslett, our former Chief Executive Officer, and Mr.
+Added: Ruppert, our former Chief Financial Officer, are indemnified by the Company for this matter.
+Added: We believe the claims in the complaint are without merit and intend to defend our self vigorously.
+Added: It is too early to determine what responsibility, if any, Mercury will have for this matter.
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.