Relief Requested by DGF and Kugelman from Delaware Chancery Court
Plaintiffs respectfully request that this Court enter an order and judgment in its favor and against Defendants granting the following relief:
(1) Declaring and confirming that the Stockholder Written Consent was valid;
(2) Declaring and confirming that David Kugelman is the duly appointed director of OWCP and has served in that capacity since February 26, 2021;
(3) Declaring and confirming that the Director Written Consent was valid;
(4) Ordering the Company to comply with the COD (Certificate of Designation) by recognizing Mr. Kugelman as OWCP’s director, providing Mr. Kugelman with access to all Company records as a member of the Board, and affording Mr. Kugelman all other rights and privileges to which he is entitled as a member of the Board;
(5) Issuing a decree of specific performance and a permanent injunction requiring Defendants to comply with the COD;
(6) Issuing a permanent injunction prohibiting the Company from further violations of the COD;
(7) Granting an order maintaining the status quo pending resolution of this action, which prevents the Company and any member of the Board from taking any action or purporting to take any action on behalf of the Company other than in the ordinary course of business;
(8) Awarding Plaintiffs all costs and expenses relating to this litigation, including, without limitation, all reasonable attorneys’ fees; and
(9) Granting Plaintiffs such other and further relief as the Court deems just and proper.
