1 unchanged sentence
Except as set forth below, we are not currently a party to any material legal proceedings.
−Removed: On September 20, 2021, we commenced litigation in the New York Supreme Court, New York County against two investors who failed to fund their PIPE commitments in connection with the closing of the Business Combination.
+Added: On September 20, 2021, we commenced litigation in the New York Supreme Court, New York County against two investors who failed to fund their investment commitments in connection with the closing of the Business Combination.
These actions are captioned Sustainable Opportunities Acquisition Corp.
20 unchanged sentences
On March 6, 2022, a lead plaintiff was selected.
−Removed: An amended complaint was filed on May 12, 2022, reflecting substantially similar allegations.
−Removed: The Plaintiff is seeking to recover compensable damages caused by the alleged wrongdoings.
−Removed: We deny any allegations of wrongdoing and have filed and served the plaintiff a motion to dismiss on July 12, 2022 and intend to defend against this lawsuit.
−Removed: On September 26, 2022, the motion to dismiss was fully briefed and the parties are awaiting a ruling.
+Added: An amended complaint was filed on May 12, 2022, reflecting substantially similar allegations, with the Plaintiff seeking to recover compensable damages caused by the alleged wrongdoings.
+Added: We deny any allegations of wrongdoing and filed and served the plaintiff a motion to dismiss on July 12, 2022 and intend to defend against this lawsuit.
+Added: On July 12, 2023, an oral hearing on the motion to dismiss was held.
+Added: The parties are currently awaiting a ruling.
There is no assurance, however, that we or the other defendants will be successful in our defense of this lawsuit or that insurance will be available or adequate to fund any settlement or judgment or the litigation costs of this action.
5 unchanged sentences
The Company is continuing to cooperate with the investigation and respond voluntarily to the SEC’s requests.
−Removed: On January 23, 2023, an investor in the 2021 PIPE from the Business Combination filed a lawsuit against us in New York Supreme Court, New York County, captioned Atalaya Special Purpose Investment Fund II LP et al.
+Added: On January 23, 2023, investors in the 2021 private placement from the Business Combination filed a lawsuit against us in the Commercial Division of New York Supreme Court, New York County, captioned Atalaya Special Purpose Investment Fund II LP et al.
Sustainable Opportunities Acquisition Corp.
1 unchanged sentence
650449/2023 (N.Y.
−Removed: The complaint alleges that we breached the representations and warranties in the plaintiff’s PIPE Subscription Agreement and breached the covenant of good faith and fair dealing.
+Added: We filed a motion to dismiss on March 31, 2023, after which the plaintiffs filed an amended complaint on June 5, 2023.
+Added: The amended complaint alleges that we breached the representations and warranties in the plaintiffs’ private placement Subscription Agreements and breached the covenant of good faith and fair dealing.
The Plaintiffs are seeking to recover compensable damages caused by the alleged wrongdoings.
−Removed: There have been no substantive developments in this case.
−Removed: We deny any allegations of wrongdoing and are preparing to file a motion to dismiss.
−Removed: There is no assurance, however, that we will be successful in our defense of this lawsuit or that insurance will be available or adequate to fund any settlement or judgment or the litigation costs of this action.
−Removed: If the motion to dismiss is unsuccessful, there is a possibility that we may incur a loss in this matter.
+Added: We deny any allegations of wrongdoing and filed a motion to dismiss the amended complaint on July 28, 2023.
+Added: On December 7, 2023, the Court granted our motion to dismiss the claim for breach of the covenant of good faith and fair dealing and denied our motion to dismiss the breach of the Subscription Agreement claim.
+Added: We filed a notice of appeal regarding the Court’s denial of our motion to dismiss the breach of the Subscription Agreement claim.
+Added: There is no assurance that we will be successful in our defense of this lawsuit or that insurance will be available or adequate to fund any settlement or judgment or the litigation costs of this action.
Such losses or range of possible losses cannot be reliably estimated.
2 unchanged sentences
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.