SUMMARY NOTICE OF PROPOSED SETTLEMENT OF DERIVATIVE ACTION
TO: ALL CURRENT RECORD HOLDERS AND BENEFICIAL OWNERS OF TWIST BIOSCIENCE CORPORATION ("TWIST" OR THE "COMPANY") COMMON STOCK AS OF OCTOBER 15, 2026 (THE "RECORD DATE").
IF YOU WERE A RECORD OR BENEFICIAL OWNER OF TWIST COMMON STOCK AS OF THE RECORD DATE, PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY AS YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THE ABOVE-REFERENCED LITIGATION.
PLEASE TAKE NOTICE that the above-captioned consolidated derivative action is being settled on the terms set forth in a Stipulation and Agreement of Settlement dated October 15, 2026 (the "Stipulation"),1 subject to the approval of the United States District Court for the District of Delaware (the "Court") pursuant to Rule 23.1 of the Federal Rules of Civil Procedure. Under the terms of the Stipulation, as part of the proposed Settlement, and in consideration of the associated releases set forth herein, Defendants shall cause the Board, within forty-five (45) days after the Court enters an Order granting final approval of the Settlement, to adopt, implement, and maintain the corporate governance reforms set forth in Exhibit A to the Stipulation, consistent with the terms and timing set forth therein (the "Reforms"). The Reforms, which are detailed more fully in the Stipulation and Long Form Notice, are intended to address the claims asserted in the Derivative Action.
| 1 | Capitalized terms herein not otherwise defined are defined in the Stipulation. This Notice should be read in conjunction with, and is qualified in its entirety by reference to, the Stipulation and its Exhibits, which have been filed with the U.S. District Court for the District of Delaware. |
The Parties agree that: (1) the Settlement confers a substantial benefit upon Twist and its shareholders; (2) the Settlement, and each of its terms, is in all respects fair, adequate, reasonable, and in the best interests of Twist and its shareholders; and (3) Plaintiffs’ Counsel shall be paid reasonable attorneys’ fees and reimbursement of expenses, inclusive of Service Awards for the Plaintiffs, subject to the approval of the Court.
On January 22, 2027, at 10:00 a.m., the Court will hold the Settlement Hearing in Courtroom 4A at the United States District Court for the District of Delaware, 844 N. King Street, Wilmington, Delaware 19801-3555. At the Settlement Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and thus should be finally approved and whether the above-captioned consolidated derivative action should be dismissed with prejudice pursuant to the Stipulation. The Court also will rule upon Plaintiffs’ Counsel’s request for approval of the agreed-to attorneys’ fees and reimbursement of expenses and Plaintiffs’ Service Awards.
Any Current Twist Stockholder may, but is not required to, appear at the Settlement Hearing. If you want to be heard at the Settlement Hearing in opposition to the Settlement, Plaintiffs’ Counsel’s request for approval of attorneys’ fees and reimbursement of expenses, or the Service Awards, then you must first comply with the following procedures for objecting.
Any objections to the proposed Settlement or Plaintiffs’ Counsel’s applications for the Fee and Expense Amount of $1,000,000, to be paid by the Individual Defendants’ Insurers, and reasonable Service Awards of up to $2,000 for each of the two Plaintiffs to be paid from the Fee and Expense Amount, must be presented in writing and must contain the following information:
Any counsel retained by a putative objector for the purpose of asserting an objection must make a notice of appearance on the Court at least fourteen (14) days before the Settlement Hearing. The Court may not consider any objection that does not substantially comply with these requirements.