NEXTERA ENERGY INC
For the period ended Sep 22, 2026. Filed Oct 6, 2026.
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Sep 22, 2026 · Filed Oct 6, 2026
Contents
EX-99.1 · 2. Procedure for Implementing the Settlement
- Procedure for Implementing the Settlement
2.1 Promptly upon execution of this Stipulation of Settlement, counsel for plaintiffs in the Davidson Action shall submit the Stipulation together with its exhibits to the Court and file a motion for entry of the Notice and Scheduling Order, requesting, among other things:
(i) approval of the method of providing notice to Current NEE Shareholders and approval of the forms of Notice and Summary Notice attached as Exhibits B-1 and B-2 hereto; and (ii) a date for the Settlement Hearing.
2.2 Within fourteen (14) calendar days of entry of the Notice and Scheduling Order, NEE shall: (i) file an SEC Form 8-K, which shall include as attachments the approved Notice itself and the Stipulation along with its exhibits; (ii) publish the Summary Notice one time in Investor’s Business Dailyor www.Investors.com; and (iii) issue a press release containing the Summary Notice. The Summary Notice shall include a link to view the foregoing Form 8-K with its attachments. The Company shall pay for all costs associated with this notice program or any other form and manner of notice required by the Court. Within twenty-eight (28) calendar days of the entry of the Notice and Scheduling Order, NEE’s counsel shall file with the Court an appropriate affidavit or declaration with respect to publication of the Summary Notice and posting of the Notice and Stipulation (and exhibits thereto).
2.1 The Settling Parties believe the content and manner of the Notice, as set forth in the prior paragraph, constitutes adequate and reasonable notice to Current NEE Shareholders pursuant to applicable law and due process.
2.2 The Settling Parties agree to request that, after Notice is given, the Court hold a hearing in the Davidson Action, at which time the Court will consider and determine whether the Judgment, substantially in the form of Exhibit C hereto, should be entered: (i) approving the terms of the Settlement as fair, reasonable, and adequate; (ii) dismissing with prejudice the Davidson Action against Defendants and releasing the Released Claims; and (iii) ruling upon Settling Shareholders Counsel’s motion for approval of the agreed Fee and Expense Amount.
2.3 The Settling Parties agree to take all further actions necessary to effectuate the dismissal of the Derivative Actions with prejudice and withdrawal of the Demands with prejudice.
2.4 Pending the Effective Date, the Settling Parties agree to cease and stay all litigation activity for each of the Derivative Matters, except those related to seeking Court approval of the Settlement. The Settling Parties agree to jointly request a continuance of any pending motions, discovery, and any other deadlines or filing requirements in each Derivative Matter, other than those incident to the Settlement itself. For the avoidance of doubt, absent a court order, Settling Shareholders and their counsel will not file, serve, advance, or take actions with respect to the Derivative Matters, any new litigation or litigation or inspection demands relating to the subject matter of (a) the Derivative Matters, other than those incident to the Settlement itself, or (b) the Released Shareholder Claims. In the event a court denies a request for a continuance or stay, and a Settling Party dismisses or discontinues their Derivative Matter with prejudice, Defendants shall take no action adverse to the Settling Party for dismissing or discontinuing their matter.
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