MPM Holdings Inc. Appraisal and Stockholder Litigation

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 In Re MPM Holdings Inc. Appraisal and Stockholder Litigation Consolidated C.A. No. 2019-0519-NAC- pending in the Court of Chancery of the State of Delaware.


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”), which you can access in the Notice. Because this website is just a summary, you should review the Notice for additional details.

This website relates to a stockholder class action (the “Action”), pending in the Court of Chancery of the State of Delaware (the “Court”) if you were a stockholder of MPM Holdings Inc. (“MPM” or the “Company”) on May 15, 2019.

Lead plaintiff Frank Funds (“Plaintiff”), on behalf of itself and the Class (defined in paragraph 27 of the Notice), defendants Apollo Global Management, Inc., Apollo Management Holdings GP, LLC, Euro VI (BC) S.A.R.L., John G. Boss, Samuel Feinstein, Robert Kalsow-Ramos, Scott M. Kleinman, Jeffrey M. Nodland, and Marvin O. Schlanger (“Defendants”), and MPM (together with Plaintiff and Defendants, the “Settling Parties”) have reached a proposed settlement for $19,000,000 in cash (the “Settlement”). The proposed Settlement, if approved, will resolve the Class Claims asserted in the Action, and the Class Claims will be dismissed with prejudice.

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

All record holders and beneficial owners of MPM common stock (except for Excluded Persons, as defined below) who held such shares as of May 15, 2019 (the date of the Merger’s closing), together with their heirs, assigns, transferees, and successors-in-interest. All Excluded Persons are excluded from the Class. For the avoidance of doubt, the “Class” includes the Petitioners.

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: If you are eligible to receive a payment from the Net Settlement Fund, you do not have to submit a claim form in order to receive your payment.

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 Class Members 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 in the Notice.


CLASS MEMBERS’ LEGAL RIGHTS IN THE SETTLEMENT:
RECEIVE A PAYMENT FROM THE SETTLEMENT. CLASS MEMBERS DO NOT NEED TO SUBMIT A CLAIM FORM. If you are a member of the Class (defined in paragraph 27 of the Notice), you may be eligible to receive a pro rata distribution from the Settlement proceeds. Eligible Class Members do not need to submit a claim form in order to receive a distribution from the Settlement, if approved by the Court. Your distribution from the Settlement will be paid to you directly. See paragraphs 33-40 of the Notice for further discussion.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN FEBRUARY 8, 2024. If you are a member of the Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, or Plaintiff’s Counsel’s request for an award of attorneys’ fees and expenses, you may write to the Court and explain the reasons for your objection.
ATTEND A HEARING ON FEBRUARY 23, 2024 AT 11:00A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN FEBRUARY 8, 2024. Filing a written objection and notice of intention to appear that is received by February 8, 2024, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the February 23, 2024 hearing may be conducted by telephone or video conference (see paragraphs 46-55 of 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.