Notice of Proposed Settlement of Derivative and Class Action, Settlement Hearing, and stockholders’ Right to Appear
The Delaware Court of Chancery authorized this Settlement website.
This is not a solicitation from a lawyer.
Notice of Pendency of Derivative and Class Action: Please be advised that your rights will be affected by the above-captioned derivative and class action lawsuit (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”) if you (i) were a record holder or beneficial owner of Atlas Energy Solutions, Inc. (“Atlas” or the “Company”) Class A common stock (NYSE: “AESI”) as of October 2, 2023, and your shares of Atlas Class A common stock were exchanged for shares of New Atlas Holdco Inc. Class A common stock in connection with the reorganization transaction that closed on that date (the “Reorganization”), or (ii) are currently a record holder or beneficial owner of Atlas common stock (a “Current Stockholder”).
Notice of Settlement: Please also be advised that (i) Patrick Ayers (“Plaintiff”), on behalf of himself and the Settlement Class (defined below) and derivatively on behalf of Atlas; (ii) Ben M. Brigham, Douglas G. Rogers, A. Lance Langford, Stacy Hock, Stephen Cole, Atlas Sand Holdings, LLC, Atlas Sand Holdings II, LLC, Atlas Sand Management Company, LLC, and Atlas Sand Management Company II, LLC (collectively, “Defendants,” and together with Plaintiff and Atlas, the “Parties,” and each a “Party”) have reached a proposed settlement of the Action for $17,000,000 in cash (the “Settlement”). The proposed Settlement, if approved, will resolve all claims in the Action against Defendants, and the Action will be dismissed with prejudice.
PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY. The Notice explains how members of the Settlement Class and Current Stockholders will be affected by the Settlement. The following table provides a brief summary of the rights you have as a member of the Settlement Class and/or Current Stockholder and the relevant deadlines, which are described in more detail later in this Notice.
SETTLEMENT CLASS MEMBERS’ AND CURRENT STOCKHOLDERS’ LEGAL RIGHTS IN THE SETTLEMENT: | |
SETTLEMENT CLASS MEMBERS MAY BE ELIGIBLE TO RECEIVE A PAYMENT FROM THE SETTLEMENT. SETTLEMENT CLASS MEMBERS DO NOT NEED TO SUBMIT A CLAIM FORM. | If you are a member of the Settlement Class (defined in FAQ #3), you may be eligible to receive a pro rata distribution from the Settlement proceeds. Members of the Settlement Class (defined in FAQ #3) do not need to submit a claim form to receive a distribution from the Settlement, if approved by the Court. Your distribution from the Settlement will be paid to you directly. See FAQ #6 for further discussion. If you are a Current Stockholder but not a member of the Settlement Class (e.g., because you did not own Class A shares at the time of the Reorganization), then you will not receive a payment from the Settlement. |
SETTLEMENT CLASS MEMBERS AND CURRENT STOCKHOLDERS MAY OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN NOVEMBER 25, 2026. | If you are a member of the Settlement Class or a Current Stockholder and would like to object to the proposed Settlement, the proposed plan of allocation (the “Plan of Allocation”), or Plaintiff’s Counsel’s request for an award of attorneys’ fees and expenses or any incentive award to Plaintiff, you may write to the Court and explain the reasons for your objection. |
SETTLEMENT CLASS MEMBERS AND CURRENT STOCKHOLDERS MAY ATTEND A HEARING ON DECEMBER 18, 2026 AT 1:30 P.M. ET, AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN NOVEMBER 25, 2026. | Filing a written objection and notice of intention to appear that is received by November 25, 2026, allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the December 18, 2026, hearing may be conducted by telephone or video conference (see FAQ #9). 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. |
This website is authorized by the Court, supervised by Lead Counsel for Lead Plaintiffs and the Settlement Class, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
For more information, please use the Contact Us page, or call (833) 453-3574. You may also write to:
Atlas Stockholder Class Action Litigation
c/o Kroll Settlement Administration
PO Box 225391
New York, NY 10150-5391