On January 3, 2024, Ted D. Kellner, Todd Deutsch and Robert L. Chioini (Kellner Group) issued a statement in connection with their efforts to bring accountability to the entrenched, incumbent Board of Directors of AIM Immunotech Inc and create value for stockholders. Kellner stated that on December 28, 2023, the Delaware Court of Chancery ruled in Kellner?s favor that four separate advance notice bylaw provisions adopted by the Company?s Board of Directors in March 2023 are invalid. However, despite this ruling, the Court went on to find that Kellner?s notice of nominations did not comply with certain of the Company?s remaining (or predecessor) advance notice provisions.

Kellner Group stated that it disagrees with the Court?s opinion on this latter finding as to numerous matters of fact and law and Kellner is seeking an expedited appeal and to enjoin the Company?s Annual Meeting pending such appeal.