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Stockholder Litigation .
−Removed: On December 4, 2017, a purported Company stockholder filed an action in the Delaware Court of Chancery (the "Delaware Action").
−Removed: That action is captioned Klein v.
−Removed: Capital, L.L.C., et al., C.A.
−Removed: The plaintiff in the Delaware Action asserted claims against (i) certain current and former members of the Company’s Board of Directors (together, the "Directors");
−Removed: Capital, LLC and certain of its affiliates (collectively, "H.I.G.");
−Removed: and (iii) Bain Capital Private Equity, L.P.
−Removed: and certain of its affiliates (collectively, "Bain Capital" and, together with the Directors and H.I.G., the "Defendants").
−Removed: The plaintiff asserted derivative claims on behalf of the Company, which is a nominal defendant in the Delaware Action, as well as putatively direct claims on behalf of a purported class of Company stockholders.
−Removed: The plaintiff in the Delaware Action asserted that the Defendants breached their fiduciary duties in connection with the transactions in which (i) the Company acquired National Surgical Healthcare;
−Removed: (ii) Bain Capital acquired preferred equity in the Company;
−Removed: and (iii) Bain Capital acquired H.I.G.'s equity stake in the Company, and that, in the alternative, Bain Capital aided and abetted those purported breaches.
−Removed: The plaintiff also asserted an unjust enrichment claim against Bain Capital.
−Removed: On January 2, 2018, the Defendants moved to dismiss the plaintiff’s complaint.
−Removed: On December 19, 2018, the Court of Chancery issued a decision on that motion.
−Removed: Following that decision, all of the Directors have been dismissed from the Delaware Action.
−Removed: The Court did not dismiss the plaintiff’s breach of fiduciary duty claim against H.I.G.
−Removed: or the aiding and abetting claim asserted against Bain Capital.
−Removed: However, the Court dismissed the plaintiff’s breach of fiduciary duty and unjust enrichment claims against Bain Capital.
−Removed: In addition, the Court dismissed all of the plaintiff’s claims that were asserted on behalf of a putative class of Company stockholders.
−Removed: Accordingly, all of the plaintiff’s remaining claims in the Delaware Action are asserted derivatively on the Company’s behalf.
−Removed: The plaintiff has continued to pursue those derivative claims, and the parties to the Delaware Action are engaged in discovery.
+Added: Please refer to the disclosure in Note 9.
+Added: "Commitments and Contingencies - Stockholder Litigation" to our condensed consolidated financial statements included elsewhere in this report, which is incorporated into this item by reference.
Other Litigation.
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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.