You received the Notice because the Court has certified a Class in this lawsuit and you were identified as a potential Class Member whose rights may be affected by this lawsuit. The Notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you.

The Court decided that this lawsuit can proceed as a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal district courts. Specifically, the Court found that a significant number of investors purchased Zymergen common stock pursuant and/or traceable to the registration statement and prospectus (“Registration Statement”) issued in connection with Zymergen’s April 2021 initial public offering and that the claims asserted in the lawsuit are common enough to apply to all of those investors.

You may have legal rights and options to exercise before the Court decides who wins the case. The Honorable P. Casey Pitts of the United States District Court for the Northern District of California (the “Court”) is overseeing this class action. The lawsuit is titled Biao Wang v. Zymergen Inc., et al., No. 21-cv-06028-PCP.

A brief background of this case is provided on page 2 of the Notice, and is also summarized on this website. We do not have any more information regarding the background of this case beyond what is provided in the Notice and posted case documents.

A class action is a type of lawsuit in which one or several individuals or entities prosecute claims on behalf of all members of a group of similarly-situated persons and entities (i.e., the Class) to obtain monetary or other relief for the benefit of the entire group. Class actions avoid the necessity of each member of a class having to file his, her or its own separate lawsuit to obtain relief. Class actions are used to decide legal and factual issues that are common to all members of a class. Importantly, class members are NOT individually responsible for the attorneys’ fees or litigation expenses. In a class action, attorneys’ fees and litigation expenses are paid from the settlement fund (or the court judgment amount), if any, and must be approved by the Court. If there is no recovery, the attorneys representing the Class do not get paid.

No money or any other benefits are available now because the Court has not yet decided whether Defendants did anything wrong, and the two sides have not settled the case. There is no guarantee that money or any other benefit ever will be obtained. If there is a recovery, you will be notified about how to ask for your share.

The Class, as certified by the Court, consists of: All persons and entities who purchased or otherwise acquired Zymergen common stock pursuant and/or traceable to the registration statement and prospectus issued in connection with Zymergen’s April 2021 initial public offering.

Excluded from the Class are Defendants, the officers and directors of Zymergen, at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. Also excluded from the Class is any person or entity that timely and validly requests exclusion as explained in the Notice.

We administer the notice process under the direction of the presiding Court and counsel. In some cases, we are directed to provide CUSIP numbers for the securities involved in the matter. In other cases we are not authorized or directed to provide the CUSIPS. In this case, we are unable to provide the CUSIP. The determination regarding CUSIPS is made on a case-by-case basis by counsel and courts involved, and is not a matter decided by us.

Excluded from the Class are Defendants, the officers and directors of Zymergen, at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. Also excluded from the Class is any person or entity that timely and validly requests exclusion as explained in the Notice.

As a member of the Class, you will be represented by the law firm of Robbins Geller Rudman & Dowd LLP. This law firm is called “Class Counsel” and can be contacted as follows:

Shawn A. Williams
Daniel J. Pfefferbaum
ROBBINS GELLER RUDMAN & DOWD LLP
One Montgomery Street, Suite 1800
San Francisco, CA 94104
www.rgrdlaw.com, 1-800-449-4900

Unless you elect to retain your own personal lawyer, by remaining in the Class you will not subject yourself to any direct obligations to pay the costs of the litigation. In the event there is a recovery by the Class, all costs and expenses, including Class Counsel’s attorneys’ fees, will be paid from that recovery in an amount that is approved by the Court. If there is no recovery, Class Counsel will not receive any attorneys’ fees.

If you wish to be excluded, you must send a written request clearly stating that you request exclusion from the Class in Biao Wang v. Zymergen Inc., et al., No. 5:21-cv-06028-PCP. Your request for exclusion must: (i) state the name, address and telephone number of the person or entity requesting exclusion; (ii) state the number of shares of Zymergen common stock that the person or entity requesting exclusion purchased or acquired pursuant and/or traceable to the Registration Statement issued in connection with Zymergen’s April 2021 initial public offering, and the dates and prices of such purchases and any sales; and (iii) be signed by the person or entity requesting exclusion or an authorized representative. Only request exclusion if you do not wish to participate in this class action, wish to retain your rights to pursue your own lawsuit or claims, and do not wish to share in any potential recovery that the Class may obtain. You must mail your exclusion request by first-class mail, postmarked by no later than December 5, 2023, to:

Zymergen Securities Litigation
c/o Gilardi & Co. LLC
ATTN: EXCLUSIONS
P.O. Box 5100, Larkspur, CA 94977-5100

You cannot exclude yourself from the Class by telephone or by email, and a request for exclusion will not be effective unless it contains all of the information called for by this paragraph and is postmarked by the date stated above, or is otherwise accepted by the Court.

If you have any corrections of changes of name or address, please send them via email to: [email protected] or by mail to:

Zymergen Securities Litigation
c/o Gilardi & Co. LLC
P.O. Box 301135
Los Angeles, CA 90030-1135