PROOF OF CLAIM AND RELEASE FORM
I. GENERAL INSTRUCTIONS
1. To maximize your recovery as a member of the Class based on your claims in the action titled Martel v. Fusion Sponsor LLC, C.A. No. 2024-0329-NAC (the “Action”) you must complete and, on page 8 hereof, sign this Proof of Claim and Release. If you fail to submit a timely and properly addressed (as set forth in paragraph 3 below) Proof of Claim and Release, your claim will be limited to a base distribution in the amount of $0.10 per Eligible Share.1
2. Submission of this Proof of Claim and Release, however, does not guarantee that you will share in the proceeds of the Settlement of the Action.
3. THE COURT-APPOINTED SETTLEMENT ADMINISTRATOR FOR THIS ACTION MUST RECEIVE YOUR COMPLETED AND SIGNED PROOF OF CLAIM AND RELEASE, ACCOMPANIED BY COPIES OF THE DOCUMENTS REQUESTED HEREIN AT THE FOLLOWING MAILING ADDRESS OR THROUGH THE FOLLOWING WEBSITE:
MoneyLion Stockholder Settlement
c/o A.B. Data Ltd.
P.O. Box 173115
Milwaukee, WI 53217
If you are NOT a member of the Class, as defined in the Notice of Pendency and Proposed Settlement of Class Action, Settlement Hearing, and Right to Appear (the “Notice”), DO NOT submit a Proof of Claim and Release.
4. If you are a member of the Class, you will be bound by the terms of any judgment entered in the Action, including the releases provided therein, WHETHER OR NOT YOU SUBMIT A PROOF OF CLAIM AND RELEASE FORM.
II. CLAIMANT IDENTIFICATION
If you held Eligible Shares in your name, you are the beneficial holder as well as the record holder. If, however, you held Eligible Shares that were registered in the name of a third party, such as a nominee or brokerage firm, you are the beneficial holder and the third party is the record holder.
Use Part I of this form entitled “Claimant Identification” to identify each holder of record (“nominee”), if different from the beneficial holder of the Eligible Shares which form the basis of this claim. THIS CLAIM MUST BE FILED BY THE ACTUAL BENEFICIAL HOLDER OR THE LEGAL REPRESENTATIVE OF SUCH HOLDER OF THE SHARES UPON WHICH THIS CLAIM IS BASED.
All joint holders must sign this claim. Executors, administrators, guardians, conservators and trustees must complete and sign this claim on behalf of persons represented by them and their authority must accompany this claim and their titles or capacities must be stated. The last four digits of the Social Security Number (or full and complete Taxpayer Identification Number) and telephone number of the beneficial owner may be used in verifying the claim. Failure to provide the foregoing information could delay verification of your claim or result in rejection of the claim.
If you are acting in a representative capacity on behalf of a member of the Class (for example, as an executor, administrator, trustee, or other representative), you must submit evidence of your current authority to act on behalf of that Class Member. Such evidence would include, for example, letters testamentary, letters of administration, or a copy of the trust documents.
NOTICE REGARDING ELECTRONIC FILES: Certain claimants with large numbers of transactions may request, or may be requested to, submit information regarding their transactions in electronic files. All such claimants MUST also submit a manually signed paper Proof of Claim and Release form listing all their transactions whether or not they also submit electronic copies. If you wish to submit your claim electronically, you must contact the Settlement Administrator at info@MoneyLionStockholderSettlement.com to obtain the required file layout. Any file not in accordance with the required electronic filing format will be subject to rejection. Only one claim should be submitted for each separate legal entity and the complete name of the beneficial holders(s) of the securities must be entered where called for. Distribution payment must be made by check or electronic payment payable to the Authorized Claimant (beneficial account holder). The third-party filer shall not be the payee of any distribution payment check or electronic distribution payment. No electronic files will be considered to have been properly submitted unless the Settlement Administrator issues to the claimant a written acknowledgement of receipt and acceptance of electronically submitted data.
III. CLAIM FORM
Use Part II of this form entitled “Schedule of Transactions in shares of Fusion Acquisition Corp. (“FAC”) Class A Common Stock or MoneyLion Inc. (“MoneyLion”) Common Stock to supply all required details of your holdings, purchase(s), and sale(s) of FAC Class A Common Stock or MoneyLion Common Stock. If you need more space or additional schedules, attach separate sheets giving all of the required information in substantially the same form. Sign and print or type your name on each additional sheet.
On the schedules, provide all of the requested information with respect to: (i) all of the shares of FAC Class A Common Stock held by you as of the close of the market on September 17, 2021; (ii) all of your purchases and sales (including any redemptions by FAC or MoneyLion) of shares of your FAC Class A Common Stock or MoneyLion Common Stock, after the close of the market on September 17, 2021, through the close of the market on March 28, 2024, regardless of whether such transactions resulted in a profit or loss; and (iii) if applicable, all of the shares of MoneyLion Common Stock that you held as of the close of the market on March 28, 2024. Failure to report all such transactions may result in the rejection of your claim.
List these transactions separately and in chronological order: (i) by number of shares of FAC Class A Common Stock held at the close of the market on September 17, 2021; (ii) then by purchase and sale date for all shares of FAC Class A Common Stock or MoneyLion Common Stock after the close of the market on September 17, 2021, through the close of the market on March 28, 2024, beginning with the earliest; (iii) then, if applicable, all of the shares of MoneyLion Common Stock that you held as of the close of the market on March 28, 2024. You must accurately provide the month, day, and year of each transaction you list. Do not attempt any calculations purportedly accounting for stock splits or reverse stock splits, i.e., identify the share price and share amount figures as they would appear in your contemporaneous brokerage statements at the time of the relevant occurrences.
Copies of stockbroker confirmation slips, stockbroker statements, or other documents evidencing: (i) your holdings of FAC Class A Common Stock held at the close of the market on September 17, 2021; (ii) your subsequent purchases and sales of FAC Class A Common Stock or MoneyLion Common Stock through the close of the market on March 28, 2024; and (iii) your holdings of MoneyLion Common stock as of the close of the market on March 28, 2024, should be attached to your claim. If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker because these documents are necessary to prove and process your claim. Failure to provide this documentation could delay verification of your claim or result in rejection of your claim.
PLEASE NOTE: As set forth in the Plan of Allocation, each Authorized Claimant shall receive his, her, its, or their pro rata share of the Net Settlement Fund. If the prorated payment to any Authorized Claimant calculates to less than $10.00, it will not be included in the calculation and no distribution will be made to that Authorized Claimant.