RTI Surgalign Holdings, Inc. Fair Fund

The purpose of the Plan Notice is to inform you that you may be eligible to share in the proceeds of the RTI Surgalign Holdings, Inc. Fair Fund. To be potentially eligible to share in the RTI Surgalign Holdings, Inc. Fair Fund, you must file a Claim Form in accordance with the steps set forth in the Plan Notice and in the Plan of Distribution (the “Plan”) approved by the Securities and Exchange Commission (“SEC” or “Commission”).

A copy of the Plan Notice can be found here.

On August 3, 2022, the Commission issued the Order instituting and simultaneously settling administrative and cease-and-desist proceedings against the Respondents. In the Order, the Commission found that from 2015 through 2019, Surgalign Holdings, Inc. (formerly known as RTI Surgical Holdings, Inc. and RTI Surgical, Inc.) (“RTI”) shipped orders weeks or months before its customers had originally requested delivery, thereby pulling sales forward from future quarters, to address projected quarterly revenue shortfalls. In some instances, RTI did so after requesting and obtaining customer permission; in other instances, RTI shipped orders early without customer approval and then prematurely recognized revenue for the sales. In multiple quarters, RTI would not have met its revenue guidance without these undisclosed pull-forwards. RTI and its former senior management, including its CFO until September 2017, Robert Jordheim, did not disclose to investors that RTI’s apparent success at achieving its revenue guidance resulted from its reliance on pull-forwards, and they did not disclose the known uncertainty that this practice created for RTI’s future revenue streams. In 2020, RTI issued a restatement to correct, among other things, its premature recognition of revenue, in violation of generally accepted accounting principles (GAAP), for orders shipped early to customers without their approval.

To qualify for a payment from the RTI Surgalign Holdings, Inc. Fair Fund, you must satisfy certain eligibility criteria that are described in detail in the Plan. The Plan can be found on the Important Documents page or on the Commission’s public website at www.sec.gov. You can also request a copy of the Plan by calling the Fund Administrator at 877-629-4892 or by emailing info@SurgalignHoldingsFairFund.com. The eligibility criteria include the following:

• You must have purchased and/or acquired Surgalign Holdings, Inc. common stock during the period of time from April 23, 2015, through March 16, 2020, inclusive (“Relevant Period”).
• Your approved transactions must calculate to a Recognized Loss as calculated under the Plan and your Distribution Payment must equal or exceed $20.00.

PLEASE NOTE: RECEIPT OF THE NOTICE DOES NOT MEAN THAT YOU ARE AN ELEIGBLE CLAIMANT AS THAT TERM IS DEFINED IN THE PLAN.

1. The Respondents;
2. Present or former officers or directors of Respondents or any assigns, creditors, heirs, distributees, spouses, parents, dependent children, or controlled entities of any of the foregoing Persons or entities;
3. Any employee or former employee of the Respondents or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order;
4. Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related Commission action;
5. Any firm, trust, corporation, officer, or other entity in which Respondents has or had a controlling interest;
6. The Fund Administrator, its employees, and those Persons assisting the Fund Administrator in its role as the Fund Administrator; or
7. Any purchaser or assignee of another Person’s right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance or devise.

The Claim Form will require claimants to certify that they are not an Excluded Party. All Excluded Parties will be deemed ineligible to participate in the Fair Fund.

On September 28, 2023, the Commission appointed Epiq Class Action & Claims Solutions, Inc. (“Epiq”) as the Fund Administrator.

“Relevant Period” means the period of time between April 23, 2015, and March 16, 2020, inclusive, due to the misconduct of the Respondents. Investors who did not purchase or acquire shares of the Security during the Relevant Period or who are an Excluded Party are ineligible to recover under this Plan.

As a result of the conduct described in the Order, the Commission ordered the Respondents to pay $2,075,000 in civil money penalties. In the Order, the Commission created a Fair Fund pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002 so that the civil penalty can be distributed to harmed investors. Respondents have paid the full amount of $2,075,000 into the Fair Fund.

To participate in the Fair Fund, you must timely submit a completed and signed Claim Form with supporting documents to:

RTI Surgalign Holdings, Inc. Fair Fund
Fund Administrator
PO Box 6758
Portland, OR 97228-6758

A Claim Form is available for download here. If you do not complete and timely submit a Claim Form, you will not be considered for eligibility to receive a Distribution Payment under the Plan.

The completed and signed Claim Form, with supporting documentation, must be postmarked, or if not sent by U.S. Mail, received at the above address by February 23, 2026. Claims postmarked or, if not sent by U.S. Mail, received after February 23, 2026, will not be eligible to participate in the distribution of the RTI Surgalign Holdings, Inc. Fair Fund.

Please note that filing a Claim Form does not assure that you will share in the proceeds of the Fair Fund created in this matter. A Potential Claimant’s eligibility for a Distribution Payment under the Plan will be determined by the Fund Administrator in accordance with the Plan.

You must document each transaction that you include on your Claim Form. Acceptable forms of supporting documentation include, but are not limited to:

1. Trade confirmation slips from brokerage firms that list the security name, the name of the beneficial owner, the type of transaction, the date of the transaction, the number of shares, and the total amount of the transaction; or
2. Monthly statements from brokerage firms that detail all activity within a month.

Acceptable documentation must include the name of the owners of the account for which you are filing a claim, name of the broker through whom the security was traded, trade date, number of shares purchased, acquired and/or sold, and price paid (excluding brokers’ commissions, taxes, and fees).

Acceptable documentation includes contract notes, brokers’ confirmation slips, account activity pages from brokers’ computer print outs (including the front page), or account activity pages from brokers’ monthly statements (including the front page), if those statements contain the required information. Letters from your broker are acceptable only if they are on the brokers’ letterhead and contain the required information listed above. Your own records or certificates DO NOT constitute acceptable documentation. We cannot pre-approve any documentation as acceptable without seeing it first.

Depending on how you acquired your shares of RTI, you can generally obtain the necessary supporting documentation to submit with a Claim Form from:

1. Your broker;
2. Your tax advisor; and/or
3. The person/party from whom you purchased, or through whom you sold, the security.

Acceptable supporting documentation must be included with your completed Claim Form, or your claim may be rejected.

The deadline to submit a completed Claim Form with the necessary documentation is February 23, 2026. The Claim Form must be postmarked, or, if not sent by U.S. mail, received by the Fund Administrator (Epiq) by this date.

Yes, if your Claim Form is deficient, you will receive a Deficiency Notice setting forth the reason why the claim is deficient and advising you of the opportunity to cure such deficiency.

Until all claims have been fully processed, it is not possible to determine the amount of any individual payment because the amount will depend on a variety of factors, including the number of valid claims processed and the details of your specific investment(s). In order for a claim to be paid, the Distribution Payment must equal or exceed $20.00.

As a long-established firm, Epiq’s electronic systems, software applications, and employees and operational protocols are all designed to protect and secure the case information provided to us. Further, Epiq is obligated to fulfill the security requirements mandated by the various court jurisdictions and governmental entities that oversee the various types of cases it administers.

You may contact the Fund Administrator by calling toll-free 877-629-4892, sending an email to info@SurgalignHoldingsFairFund.com or by writing to P.O. Box 6758, Portland, OR 97228-6758 for more information.

The CUSIP for RTI Surgalign Holdings, Inc. during the Relevant Period was 74975N105. The ticker symbol from April 23, 2015, through March 16, 2020, inclusive, was RTIX and changed to SRGA, CUSIP 86882C105 on July 23, 2020.