Exactech Shareholder Litigation Settlement

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Exactech Shareholder Litigation Settlement
Court Documents
Court Documents
Contact Settlement Administrator
Contact Settlement Administrator

CLASS NOTICE: On June 12, 2023, the Settlement Administrator conducted the initial distribution of the Net Common Fund to Authorized Claimants, as approved by order of the Court. Subsequent distributions will occur on a rolling basis. Please address any questions regarding your payment to the Settlement Administrator.

The information contained on this web page is only a summary of information presented in more detail in the Notice of Pendency and Proposed Settlement of Class Action and Motion for Attorneys' Fees and Expenses (the “Notice”), which you can access by clicking here. Since this website is just a summary, you should review the Notice for additional information.

On April 27, 2022, the Court held a hearing to consider final approval of the Settlement and related matters. Following the hearing, the Court entered an order finally approving the Settlement, approving the Plan of Allocation for the proceeds of the Settlement, and awarding attorney's fees and litigation expenses.

If you are a member of the Class, your rights will be affected and you may be eligible for a payment from the Settlement, unless you timely request to be excluded.  The Class consists of:


All Unaffiliated Shareholders who held Exactech common stock shares as of January 12, 2018 and were entitled to vote those shares in favor or against the Merger Agreement with TPG on February 13, 2018, excluding Defendants and all members of their immediate families and excluding Rollover Investors [defined and individually listed herein] and all members of their immediate families.

* * *

The “Rollover Investors” are: William Petty; David Petty; Betty Petty; Prima Investments, L.P; Miller Holdings, LLC, a Florida limited liability company 100% owned by Gary Miller (Exactech’s co-founder and EVP of Research and Development) with his wife and children; Bruce Thompson (Exactech’s SVP of Strategic Initiatives); Joel C. Phillips (Exactech’s CFO); Donna Edwards, (Exactech’s VP of Legal); Chris Roche (Exactech’s Director of Engineering); and Steve Szabo (Exactech’s VP of Marketing).


Please read the Notice carefully.




The deadline to submit a claim has passed.


The deadline to exclude yourself from the Settlement has passed.


The deadline to object to the Settlement has passed.


If you are a member of the Class and you do not submit a valid Claim Form, you will not be eligible to receive any payment from the Common Fund.  You will, however, remain a member of the Class, which means that you give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Action.


The Settlement Fairness Hearing and the Rule 1.250(b) Hearing

A virtual hearing will be held before the Honorable Alan Fine, on April 25, 2022 at 2:15 p.m. on the Zoom platform  (the “Settlement Fairness Hearing”) to determine whether the Court should: (i) approve the proposed Settlement as fair, reasonable and adequate; (ii) dismiss the Action with prejudice as provided in the Stipulation and Agreement of Compromise, Settlement and Release, dated February 4, 2022 (“Stipulation”); (iii) approve the proposed plan of allocation for distribution of the proceeds of the Settlement (the “Net Common Fund”) among Authorized Claimants; and (iv) approve Class Counsel’s Fee and Expense Application.

A virtual hearing will also be held before the Honorable Alan Fine, immediately prior to the Settlement Fairness Hearing, on April 25, 2022, at 2:00 p.m. on the Zoom platform (the “Rule 1.250(b) Hearing”) to determine whether certain defendants (Exactech’s Outside Directors) may be dropped from the case prior to the entry of Final Judgment.

What is this case about?

The Action involves allegations that Defendants and the Company’s Outside Directors breached their fiduciary duties to Exactech’s public shareholders (the Unaffiliated Shareholders), in connection with Exactech’s 2018 merger with affiliates of TPG Capital L.P., by allowing Company insiders (the Rollover Investors) to exchange some of their shares in Exactech for equity in the post-transaction private company, an opportunity that was not offered or afforded to the Unaffiliated Shareholders. The Settlement shall in no event be construed as, or deemed to be evidence of, liability, fault, wrongdoing, injury, or damages, or of any wrongful conduct, acts, or omissions on the part of any of the Released Parties, or of any infirmity of any defense, or of any damages to the Plaintiffs or any other Class Member. The Settlement resolves all of the claims in the Action, as well as certain other claims or potential claims, whether known or unknown.

The Settlement Benefits  

The Settlement, if approved, will result in the creation of a cash settlement fund of $5,600,000 (the “Settlement Amount”). The Settlement Amount, plus accrued interest (the “Common Fund”) and minus the costs of providing notice and all costs associated with the administration of the Settlement, as well as any attorneys’ fees and expenses that may be approved by the Court (the “Net Common Fund”), will be distributed to Class Members pursuant to the Plan of Allocation that is described in the Notice.

Further Information

This website and the Notice summarize the Settlement.  For more details regarding the Settlement, please reference the Stipulation and Agreement of Compromise, Settlement and Release, or other documents filed in the case under the “Court Documents” link on the left.  You may also contact the Settlement Administrator or Class Counsel for further information regarding the Settlement:

Settlement Administrator:

Exactech Shareholder Litigation Settlement

Settlement Administrator

c/o A.B. Data

P.O. Box 173056

Milwaukee, WI 53217

Phone: (877) 315-0587


Class Counsel:

Andrew J. Entwistle, Esq.


500 West 2nd Street, Suite 1900-16

Austin, TX  78701

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