PLEASE READ THE NOTICE CAREFULLY. The Notice explains important rights you may have, including the possible receipt of cash from the Settlement. If you are a member of the Settlement Class, your legal rights will be affected whether or not you act.
If you have any questions about the Notice, the proposed Settlement, or your eligibility to participate in the Settlement, please DO NOT contact Virgin Galactic, any other Defendants in the Action, their counsel, or the Court. All questions should be directed to Lead Counsel or the Claims Administrator (see page 3 of the Notice).
- Statement of the Settlement Class’s Recovery: Subject to court approval, Plaintiffs, on behalf of themselves and the Settlement Class, have agreed to settle the Action in exchange for a payment of $8,500,000 in cash (the “Settlement Amount”) to be deposited into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less: (a) any Taxes, (b) any Notice and Administration Costs, (c) any Litigation Expenses awarded by the Court, and (d) any attorneys’ fees awarded by the Court) will be distributed to the members of the Settlement Class in accordance with a plan of allocation that is approved by the Court. The proposed plan of allocation (the “Plan of Allocation”) is set forth on pages 7-12 of the Notice.
- Estimate of Average Amount of Recovery Per Virgin Galactic Security: Estimate of Average Amount of Recovery Per Virgin Galactic Security: The settlement represents an estimated average recovery of: (a) $0.075 per damaged share for shares purchased or acquired between July 12, 2021 through September 2, 2021, inclusive (“Active Claims”), and (b) $0.0012 per damaged share for shares purchased or acquired between the periods: (i) from July 10, 2019 through July 11, 2021, inclusive; and (ii) from September 3, 2021 through August 4, 2022, inclusive (“Dismissed Claims”). See paragraphs 32-33 of the Notice for more information on Active and Dismissed Claims. Some Settlement Class Members may recover more or less than this estimated amount depending on, among other factors, which Virgin Galactic Securities they purchased, when and at what prices they purchased/acquired or sold their Virgin Galactic Securities, and the total number of valid Proof of Claim and Release Forms (“Claim Forms”) submitted. Distributions to Settlement Class Members will be made based on the Plan of Allocation set forth herein (see pages 7-12 of the Notice) or such other plan of allocation as may be ordered by the Court.
- Average Amount of Damages Per Virgin Galactic Security: The Parties do not agree on the average amount of damages per Virgin Galactic Security that would be recoverable if Plaintiffs were to prevail in the Action. Among other things, Defendants do not agree with the assertion that they violated the federal securities laws or that any damages were suffered by any members of the Settlement Class as a result of their conduct.
- Attorneys’ Fees and Expenses Sought: Plaintiffs’ Counsel, which have been prosecuting the Action on a wholly contingent basis since July of 2021, have not received any payment of attorneys’ fees for their representation of the Settlement Class and have advanced the funds to pay expenses necessarily incurred to prosecute this Action. Court-appointed Lead Counsel, Glancy Prongay Wolke & Rotter LLP (f/n/a Glancy Prongay & Murray LLP) and The Rosen Law Firm, P.A., will apply to the Court for an award of attorneys’ fees for all Plaintiffs’ Counsel in an amount not to exceed 33 1 / 3% of the Settlement Fund. In addition, Lead Counsel will apply for reimbursement of Litigation Expenses paid or incurred in connection with the institution, prosecution, and resolution of the claims against the Defendants, in an amount not to exceed $1.55 million, which will include a request for an aggregate award of $55,000 to plaintiffs ($10,000 each to four plaintiffs, and $7,500 each to two plaintiffs) pursuant to 15 U.S.C. §78u-4(a)(4) in connection with their representation of the Settlement Class. In addition to the Litigation Expenses, Lead Counsel will also seek payment of all Notice and Administration Costs, which are estimated to be approximately $985,000. Any fees and expenses awarded by the Court will be paid from the Settlement Fund. Settlement Class Members are not personally liable for any such fees or expenses. Estimates of the average cost per affected Virgin Galactic Security, if the Court approves Lead Counsel’s fee and expense application (not including Notice and Administration Costs), is $0.0387 per eligible security for the Active Claims, and $0.0006 per eligible security for the Dismissed Claims.
| SUBMIT A CLAIM FORM ONLINE OR POSTMARKED BY AUGUST 13, 2026. | This is the only way to get a payment from the Settlement Fund.
You may submit a Claim Form online here. |
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| EXCLUDE YOURSELF FROM THE SETTLEMENT BY JUNE 18, 2026. | If you exclude yourself from the Settlement Class, you will not receive any payment from the Settlement Fund. This is the only option that allows you ever to be part of any other lawsuit against any of the Defendants or the other Released Defendants’ Parties concerning the Released Plaintiffs’ Claims. | |
| OBJECT TO THE SETTLEMENT IN WRITING SO THAT IT IS RECEIVED NO LATER THAN JUNE 9, 2026. | If you do not like the proposed Settlement, the proposed Plan of Allocation, or the request for attorneys’ fees and reimbursement of Litigation Expenses, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, the Plan of Allocation, or the fee and expense request unless you are a Settlement Class Member and do not exclude yourself from the Settlement Class. You do not have to attend the hearing to be eligible for a payment. | |
| GO TO A HEARING | Ask to speak in Court about the fairness of the Settlement no later than June 9, 2026, at the hearing on July 9, 2026. You can still submit a Claim Form. If the Court approves the Settlement, you will be bound by it. | |
| DO NOTHING | Get no payment AND give up your right to bring your own individual action relating to the claims asserted in the Action. |
1 All capitalized terms used in the Notice that are not otherwise defined have the meanings ascribed to them in the Stipulation and Agreement of Settlement, dated November 3, 2025 (the “Stipulation”), which is available here.
2 “Virgin Galactic Securities” means, collectively, the publicly traded shares of Virgin Galactic and Social Capital common stock.