ALL RECORD HOLDERS AND ALL BENEFICIAL HOLDERS OF JERNIGAN CAPITAL, INC. (“JERNIGAN”) COMMON STOCK, WHO HELD SUCH SHARE(S) AT ANY TIME BETWEEN AUGUST 3, 2020 (THE DATE OF THE SIGNING OF THE MERGER AGREEMENT WHEREBY JERNIGAN WOULD BE ACQUIRED BY AFFILIATES OF NEXPOINT ADVISORS, L.P.), AND NOVEMBER 6, 2020 (THE EFFECTIVE TIME OF THE CLOSING OF THE MERGER), INCLUDING ANY AND ALL OF THEIR RESPECTIVE SUCCESSORS IN INTEREST, TRUSTEES, EXECUTORS, ADMINISTRATORS, HEIRS, ASSIGNS OR TRANSFEREES (THE “SETTLEMENT CLASS”).
Pursuant to an Order of the Chancery Court for the State of Tennessee for the Thirtieth Judicial District in Memphis (the “Court”), a hearing will be held on DECEMBER 13, 2024, at 10:30 a.m. Central Time, before Chancellor James R. Newsom, III via ZOOM with remote link: https://www.zoomgov.com/j/16020156999?pwd=aitzNDBDOWFLb08xWHRsZDA4RkNOdz09 (Meeting ID: 160 2015 6999 / Passcode: Bike). At the hearing the Court will consider: (a) whether the Court should grant final approval of the proposed Settlement on the terms and conditions provided for in the Stipulation as fair, reasonable, and adequate and in the best interests of the Settlement Class Members; (b) whether the Settlement Class should be finally certified for purposes of Settlement, and whether the designation of Plaintiffs as Class representatives and Plaintiffs’ Counsel as Co-Class Counsel should be made final; (c) whether the Court should approve the Plan of Allocation of the Settlement as fair, reasonable, and adequate and in the best interests of the Settlement Class Members; (d) whether the Court should enter an Order and Final Judgment dismissing the Action on the merits and with prejudice as to the Defendants and effectuating the releases described in the Stipulation; (e) whether the Court should grant the application for the Fee and Expense Award; and (f) such other matters as may properly come before the Court.
IF YOU HELD JERNIGAN COMMON STOCK DURING THE PERIOD FROM AND INCLUDING AUGUST 3, 2020 THROUGH AND INCLUDING NOVEMBER 6, 2020, YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU MAY BE ENTITLED TO SHARE IN THE PROCEEDS OF THE SETTLEMENT DESCRIBED IN THE NOTICE.
If you are a Settlement Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release by mail, postmarked no later than January 11, 2025, or online through the claims portal located on the Notice and Claim page of this website no later than January 11, 2025, establishing that you are entitled to recovery.
If you held Jernigan common stock during the Settlement Class Period and you desire to be excluded from the Settlement Class, you must submit a request for exclusion so that it is postmarked no later than November 22, 2024, in the manner and form explained in the detailed Notice. All Settlement Class Members who do not timely and validly request exclusion from the Settlement Class will be bound by any judgment entered in the Litigation pursuant to the Stipulation.
Any objection to the Settlement, the Plan of Allocation, Lead Counsel’s request for the payment of attorney’s fees and expenses, and any incentive awards to named plaintiffs must be submitted to the Court by mail or delivery to the address below and emailed to all counsel listed under Question 18 of the Notice on or before November 22, 2024:
Clerk of Court
Chancery Court of Shelby County, Tennessee
Shelby County Courthouse
140 Adams Avenue, Room 308
Memphis, TN 38103
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact Monteverde & Associates PC at:
Juan E. Monteverde
Monteverde & Associates PC
The Empire State Building
350 Fifth Avenue, Suite 4740
New York, New York 10118
jmonteverde@monteverdelaw.com