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DCRB Spac Settlement

877-580-7816

This official website is maintained by the Settlement Administrator under the supervision of Lead Counsel for the members of the Class in the Action entitled John E. Malork, Individually and on Behalf of All Others Similarly Situated, Plaintiff v. Erik Anderson, Jennifer Aaker, Jane Kearns, Pierre Lapeyre, Jr., David Leuschen, Robert Tichio, Jim McDermott, Jeffrey Tepper, Michael Warren, Riverstone Investment Group, LLC, WRG DCRB Investors Group, LLC, WRG DCRB Investors, LLC and Decarbonization Plus Acquisition Sponsor, LLC, Craig M. Knight, and Hyzon Motors Inc., C.A. No. 2022-0260-PAF,- pending in the Court of Chancery of the State of Delaware.

DCRB Spac Settlement

All Persons who held shares of Decarb Class A common stock as of the Redemption Deadline, either of record or beneficially, who did not redeem all of their shares, including their heirs, successors- in- interest, successors, transferees, and assigns.

The information contained on this website is only a summary of the information presented in more detail in the Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear (the “Notice”).  All Persons who held shares of Decarbonization Plus Acquisition Corporation (“DECARB”) Class A Common Stock as of the redemption deadline on July 13, 2021, and who did not redeem all of their shares, including their heirs, successors-in-interest, successors, transferees, and assigns. Please be advised that your rights as a former Decarb Class A stockholder will be affected by the above-captioned stockholder class action (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”) with respect to any shares of Decarb Class A common stock you held that were not redeemed.

Please also be advised that: (i) plaintiff John E. Malork (“Plaintiff”), individually and on behalf of the Class (as defined below); and (ii) defendants Erik Anderson, Jennifer Aaker, Jane Kearns, Pierre Lapeyre, Jr., David Leuschen, Robert Tichio, Jim McDermott, Jeffrey Tepper, Michael Warren, Riverstone Investment Group LLC (“Riverstone”), Decarbonization Plus Acquisition Sponsor, LLC (“DCRB Sponsor”), and WRG DCRB Investors, LLC (“WRG”) (collectively, the “Settling Defendants”) have reached a proposed settlement of the Action (the “Settlement”) for $8,800,000 (United States Dollars) in cash (the “Settlement Amount”).  The proposed Settlement, if approved by the Court, will resolve all claims in the Action against the Settling Defendants.

If you are a member of the Class, you are subject to the Settlement.  The Class preliminary certified by the Court solely for purposes of the Settlement consists of:

All Persons who held shares of Decarb Class A common stock as of the Redemption Deadline, either of record or beneficially, who did not redeem all of their shares, including their heirs, successors- in- interest, successors, transferees, and assigns.  Excluded from the Class are: Erik Anderson, Jennifer Aaker, Jane Kearns, Pierre Lapeyre, Jr., David Leuschen, Robert Tichio, Jim McDermott, Jeffrey Tepper, Michael Warren, Riverstone, DCRB Sponsor, WRG, Legacy Hyzon, and Knight, as well as the members of their immediate families, and any entity in which any of them has a controlling interest, and the heirs, successors, or assignees of any such excluded party (together, the “Excluded Persons”).  Excluded Persons also include any trusts, estates, entities, or accounts that held shares of Decarb for the benefit of any of the foregoing Excluded Persons.

PLEASE NOTE: The Class is a non-“opt-out” class pursuant to Delaware Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2).  Accordingly, Class Members do not have the right to exclude themselves from the Class.

Please Note: Receipt of the Notice does not mean that you are a Class Member or that you will be entitled to receive a payment from the Settlement.

Please be patient. If the Settlement is approved by the Court, it will take some time to conduct the Settlement distribution.

PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY.  The Notice explains how members of the Class (as defined herein) (“Class Members,” and each a “Class Member”) will be affected by the Settlement.  The following table provides a brief summary of the rights you have as a Class Member and the relevant deadlines, which are described in more detail later in the Notice.

CLASS MEMBERS’ LEGAL RIGHTS IN THE SETTLEMENT:
Description Due Date

TO RECEIVE A PAYMENT FROM THE SETTLEMENT, CLASS MEMBERS MUST SUBMIT A PROOF OF CLAIM AND RELEASE NO LATER THAN OCTOBER 14, 2025.

If you are a member of the Class, you may be eligible to receive a distribution from the Settlement proceeds. Eligible Class Members must submit a Proof of Claim and Release in order to receive a distribution from the Settlement, if approved by the Court. If you are eligible for a distribution from the Settlement, it will be paid to you directly.  See § 6 in the Notice for further discussion.

OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN SEPTEMBER 19, 2025.

If you are a member of the Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, and/or Plaintiff’s Counsel’s Fee Application, including Plaintiff’s application for a service award, you may write to the Court and explain the reasons for your objection.

 

ATTEND A HEARING ON OCTOBER 3, 2025 AT 9:15 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN SEPTEMBER 19, 2025.

Filing a written objection and notice of intention to appear that is received by September 19, 2025, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the October 3, 2025 hearing may be conducted by telephone or videoconference (see § 9 in the Notice.).  If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection.