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SURGALIGN HOLDINGS, INC.

(SRGA)
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SURGALIGN HOLDINGS, INC. : Regulation FD Disclosure, Financial Statements and Exhibits (form 8-K)

10/05/2021 | 04:31pm EST

Item 7.01 Regulation FD Disclosure.

On September 30, 2021, the U.S. District Court for the Northern District of Illinois (the "Court") granted preliminary approval of the proposed settlement (the "Proposed Settlement") of the consolidated derivative action captioned In re RTI Surgical Derivative Litigation, Lead Case No. 1:20-cv-3347-MFK (the "Consolidated Derivative Action"). The Proposed Settlement is subject to final approval by the Court.

As required by the preliminary approval order, the Notice of Proposed Derivative Settlement (the "Notice") and the Stipulation of Settlement dated September 10, 2021 (the "Stipulation"), are furnished as Exhibits 99.1 and 99.2, respectively, to this Current Report on Form 8-K. The Notice and Stipulation can also be accessed on the "Investor Overview" page of the "Investors" section of Surgalign Holdings, Inc.'s (the "Company's") website, https://ir.surgalign.com. Other information contained in or accessible through the Company's website does not constitute part of, and is not incorporated into, this Current Report on Form 8-K.

Subject to final approval of the Proposed Settlement by the Court, and in exchange for a release of all claims by the plaintiffs and a dismissal of the Consolidated Derivative Action with prejudice, the Proposed Settlement involves the Company implementing certain corporate governance reforms and for attorneys' fees and expenses in an amount not to exceed $1.5 million to be paid to plaintiffs' counsel by the Company's insurer.

On September 22, 2021, the Court also granted preliminary approval of the proposed settlement of the securities class action captioned Lowrv v. RTI Surgical Holdings, Inc., et al., Case No. 1:20-cv-1939-MFK (the "Consolidated Securities Class Action"). Information concerning this separate proposed settlement of the Consolidated Securities Class Action is being sent directly to potential class members by the claims administrator and published in a national business interest newswire. Information contained in the publication or accessible through the publication does not constitute part of, and is not incorporated into, this Current Report on Form 8-K. The proposed settlement of the Consolidated Securities Class Action is subject to final approval by the Court.

In accordance with General Instruction B.2. of Form 8-K, the information in this Item 7.01 and Exhibits 99.1 and 99.2 hereto shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any of the Company's filings under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date hereof, regardless of any incorporation language in such a filing, except as expressly set forth by specific reference in such a filing.

Item 9.01. Financial Statements and Exhibits.




(d)    Exhibits.

99.1     Notice of Proposed Derivative Settlement.

99.2     Stipulation of Settlement.

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© Edgar Online, source Glimpses

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