TO: ALL PERSONS WHO HELD SHARES OF FUNKO, INC. (“FUNKO” OR THE “COMPANY”) CLASS A COMMON STOCK FROM NOVEMBER 2, 2017, TO OCTOBER 21, 2025, INCLUSIVE (“CLASS PERIOD”)
NOTICE OF PENDENCY OF CLASS ACTION1: Please be advised that your rights as a Funko Class A stockholder will be affected by the above-captioned stockholder class action (the “Action”) pending in the Court of Chancery of the State of Delaware (the “Court”) with respect to any shares of Funko Class A common stock you held during the Class Period.
Notice of Settlement: Please also be advised that: (i) plaintiff Erik Lynch (“Plaintiff”), on behalf of himself and on behalf of the Class; and (ii) defendants Brian Mariotti, Ken Brotman, Gino Dellomo, Adam Kriger, Andrew Perlmutter (collectively, the “Director Defendants”), Russell Nickel (together with the Director Defendants, the “Individual Defendants”), Fundamental Capital, LLC (“Fundamental”), ACON Investments (“ACON”), and Funko (collectively with the Individual Defendants, Fundamental, and ACON, the “Defendants”), have agreed to a proposed settlement of the Action, as set forth in the Stipulation. The proposed Settlement, if approved by the Court, will resolve all claims in the Action against Defendants.
PLEASE READ THE NOTICE CAREFULLY AND IN ITS ENTIRETY. The Notice explains how members of the Class (as defined herein) (“Class Members”) will be affected by the Settlement. The following table provides a brief summary of the rights you have as a Class Member and the relevant deadlines, which are described in more detail in the Notice.
| Description | Due Date | |
|---|---|---|
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OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN JUNE 15, 2026. |
If you are a member of the Class and would like to object to the proposed Settlement, the proposed Plan of Allocation, and/or Plaintiff’s Counsel’s Fee Application, including Plaintiff’s application for a service award, you may write to the Court and explain the reasons for your objection. |
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ATTEND A HEARING ON July 8, 2026, AT 11:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN June 15, 2026. |
Filing a written objection and notice of intention to appear that is received by June 15, 2026 allows you to speak in Court, at the discretion of the Court, about your objection. In the Court’s discretion, the July 8, 2026 hearing may be conducted by telephone or videoconference (see § 9 in the notice). If you submit a written objection, you may (but you do not have to) attend the hearing and, at the discretion of the Court, speak to the Court about your objection. |