Claim Form - Embark Securities Litigation - Strategic Claims Services

Embark Securities Litigation Proof of Claim and Release Form

Step 1 of 6 - Help

This form allows you to file your claim online securely through our website. If you wish to file a paper claim or review any of the documents related to this case, please click the Notice of Pendency and Proposed Settlement of Class Action and Proof of Claim and Release Form link found in the Important Documents section of the case page.

Before you begin
Please have the following items ready to go before you begin filing your online claim form; it will make the process easier for you.
• You should have copies of your statements for the relevant date ranges so that you can enter your transactions.
• You should have copies of these statements scanned and saved on your computer so that you can upload them as proof. We prefer files in PDF format, but we can accept most file formats.

Step 1 – General Instructions
Please read this important information about the case. It provides important details you should understand before you file your claim.

Step 2 – Claimant Information
Please enter your current contact information to assist us in identifying your claim and contacting you for additional information and updates. We recommend you turn off auto-fill settings in your browser to ensure incorrect information is not added by mistake. You will receive a confirmation email that we received your claim at the email address you provide. Double check the information before you click next as you will not have the opportunity to review it again prior to submitting.

Step 3 – Schedule of Transactions
Please read the instructions carefully and enter your relevant transactions. You need to ensure that your number of shares in beginning holdings plus purchases/acquisitions minus sales and minus ending holdings equals zero. This is to ensure that all relevant transactions are accounted for. The form will not allow you to continue until all outstanding shares are accounted for.

Step 4 – Documentation
Please drag and drop your files or click select files and choose the files that you will provide as proof of your transactions. Broker statements are usually the best documents to use as proof. Please note that when the file upload completes, the file name will be listed below the upload box. You can click the red x to remove the file if it was added in error.

Step 5 – Certification
Please read the Certification. By typing your name and date in these fields, you are signing the document and certifying that everything is true, correct and complete. After you click the submit button, you will receive a confirmation that your claim was submitted. You will also receive a confirmation number, please record this number for future reference.

After submitting your claim
Within a few minutes of submitting your claim, you will receive a confirmation email from us that contains your Form ID along with the information you submitted. If you need to make any amendments to your claim; please reference the Form ID you received.

GENERAL INSTRUCTIONS & INFORMATION
1. You are urged to read carefully the accompanying Notice of Pendency and Proposed Settlement of Class Action (the “Notice”) and the Amended Stipulation and Agreement of Settlement (“Stipulation”). Both documents are available at www.strategicclaims.net/embark/. All capitalized terms used herein shall have the same meaning defined in the Notice and the Stipulation.

2. To file a claim and recover under the Settlement of this Action, you must have (i) purchased or otherwise acquired Embark Technologies, Inc. securities pursuant or traceable to the July 2, 2021 registration statement, including all amendments thereto, issued in connection with the November 2021 business combination and were damaged; and/or (ii) beneficially owned and/or held Northern Genesis Acquisition Corp. II common stock as of October 6, 2021, the record date, and were eligible to vote at Northern Genesis’ November 9, 2021 special meeting with respect to the business combination, and were damaged. You must not be a person who is excluded from the Settlement Class, as defined in the Notice. You also must not have requested exclusion from the Settlement Class.

3. If you are a Settlement Class Member and wish to participate in the proposed Settlement, you must complete and sign this Proof of Claim and Release Form (“Proof of Claim”). The submission of a Proof of Claim does not ensure that your claim will be upheld or that you will share in any recovery. All claims are subject to verification and investigation. If you fail to file a properly addressed and fully completed Proof of Claim, fail to provide required documentation, or are not eligible to recover under the Settlement, your claim may be rejected, and you may be precluded from any recovery from the proposed Settlement. You may also be requested to provide further information.

4. You must submit a claim online at www.strategicclaims.net/embark/ or mail your completed and signed Proof of Claim, postmarked on or before December 22, 2023, to the Settlement Administrator at:

Embark Securities Litigation
c/o Strategic Claims Services
P.O. Box 230
600 N. Jackson Street, Suite 205
Media, PA 19063
Tel: (866) 274-4004
Fax: (610) 565-7985
Email: info@strategicclaims.net

5. If you are a member of the Settlement Class and do not timely request exclusion, you will be bound by any judgment entered in the Action whether or not you submit a Proof of Claim.

6. If you are not a member of the Settlement Class, do not submit a Proof of Claim. For help completing this Proof of Claim, please contact the Settlement Administrator.
CLAIMANT IDENTIFICATION INSTRUCTIONS
1. If you purchased Northern Genesis common stock and registered the certificate in your name, you are the beneficial owner as well as the owner of record. If, however, you purchased Northern Genesis common stock and the certificate was registered in the name of a third party (such as your stockbroker), you are the beneficial owner and the third party is the owner of record. Proceeds of this Settlement will be distributed to Settlement Class members who are beneficial owners of Northern Genesis common stock.

2. If you purchased Embark common stock and registered the certificate in your name, you are the beneficial owner as well as the owner of record. If, however, you purchased Embark common stock and the certificate was registered in the name of a third party (such as your stockbroker), you are the beneficial owner and the third party is the owner of record. Proceeds of this Settlement will be distributed to Settlement Class members who are beneficial owners of Embark common stock.

3. Use Step 3 of 6 of this form, entitled "Claimant Information", to identify yourself and each owner of record, if different from the beneficial owner of Northern Genesis common stock and/or Embark common stock that forms the basis of this claim. This claim must be filed by the actual beneficial owner(s), or the legal representative of such owner(s), of the stock upon which this claim is based.

4. If shares of Northern Genesis common stock and/or Embark common stock were owned jointly, all joint owners must sign this Proof of Claim. Executors, administrators, guardians, conservators, and trustees may complete and sign this Proof of Claim on behalf of persons or entities represented by them, but they must identify such persons or entities and provide proof of their authority (e.g., powers of attorney or currently effective letters testamentary or letters of administration). The Social Security (or taxpayer identification) number and telephone number of the beneficial owner may be used in verifying this claim. If you fail to provide the foregoing information, your claim may be delayed or rejected.

5. You must file a separate Proof of Claim for each differently named account or ownership, such as an individual account, an IRA account, a joint account, or a custodial account, etc. Joint tenants, co-owners, or custodians UGMA should file a single claim. Claimants who file one or more claims (e.g., one in Claimant’s name and one for an IRA or joint ownership) must identify the other claims filed.
INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS
1. Use Step 4 of 6 - Schedule of Transactions of this form to supply all of the requested information with respect to: (i) your holdings of Northern Genesis common stock as of the close of the U.S. financial markets on October 6, 2021; (ii) all of your transactions—purchases, other acquisitions, sales, and other dispositions—in Northern Genesis common stock and/or Embark common stock that took place at any time during the period from October 7, 2021 through November 23, 2021, both dates inclusive, whether such transactions resulted in a profit or a loss; and (iii) your holdings of Embark common stock as of the close of the U.S. financial markets on November 23, 2021.

2. List each transaction separately and in chronological order by trade date, beginning with the earliest. You must accurately provide the month, day, and year of each transaction, as well as the purchase and/or sales price, excluding commissions, taxes, and other fees. The date of a transaction is the “trade” date and not the “settlement” date. The date of covering a “short sale” is deemed to be the date of purchase; and the date of a “share sale” is deemed to be the date of sale. Shares originally sold short will have a Recognized Loss of zero. Northern Genesis common stock and/or Embark common stock acquired or disposed of for any consideration other than, or in addition to, cash must be reported as having been acquired or disposed of.

3. You must attach to your claim form copies of brokerage confirmations, monthly statements, or other documentation of your transactions in Northern Genesis common stock and/or Embark common stock in the Documentation Section of this claim form in order for your claim to be valid. A complete list of acceptable supporting documentation can be found at www.strategicclaims.net/embark/. Failure to provide this documentation could delay verification or result in rejection of your claim. The Settlement Administrator may also request additional information as required to efficiently and reliably calculate your losses.

4. If your trading activity during the requested time periods exceeds 50 transactions, you must provide all information required in the Schedule of Transactions in an electronic file. For instructions and parameters concerning such a submission, please visit https://www.strategicclaims.net/institutional-filers/ or call the Settlement Administrator at (866) 274-4004.

5. If you have questions or need additional Proofs of Claim, contact the Settlement Administrator via the information in the preceding paragraph.

6. Please refer to the Plan of Allocation set forth in the Notice for a detailed explanation of how a Claimant’s Recognized Loss will be calculated.

CLAIMANT INFORMATION
The Claims Administrator will use this information for all communications regarding this Claim Form. If this information changes, you MUST notify the Claims Administrator in writing.
Beneficial Owner's Name*

(as you would like it to appear on your check if eligible for payment)
Joint Beneficial Owner’s Name
Record Owner’s Name and Address

(if different from beneficial owner listed above)
Address*
Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country
Account Number
Last 4 Digits of Social Security Number (for individuals) or T.I.N. (for estates, trusts, corporations, etc.)
Best Phone Number*
Alternate Phone Number
Email*
Enter Email Confirm Email
Claimant holder of Northern Genesis and/or Embark common stock is:
- Individual Claimant
- Joint Claimants
- Corporate Claimant
- IRA Claimant
- Partnership Claimant
- Decedent’s Estate Claimant
- Trust Claimant
- Custodial or Guardian Claimant

SCHEDULE OF TRANSACTIONS IN Northern Genesis common stock (ticker symbol “NGAB”)
BEGINNING HOLDINGS*
State the total number of shares of Northern Genesis common stock (ticker symbol “NGAB”) owned at the close of the U.S. financial markets on October 6, 2021, long or short (must be documented). If none, enter 0. Be sure to attach documentation verifying your holdings such as an account statement.
PURCHASES
Separately list each and every purchase of Northern Genesis common stock during the period from October 7, 2021 through November 10, 2021, both dates inclusive, and provide the following information (must be documented). Be sure to attach documentation verifying your transactions.
Trade Date (List Chronologically) (mm/dd/yyyy) Number of Shares Purchased Price Per Share Total Purchase Price (Excluding Commissions, Taxes, and Fees)
SALES
Separately list each and every sale of Northern Genesis common stock during the period from October 7, 2021 through November 10, 2021, both dates inclusive, and provide the following information (must be documented). Be sure to attach documentation verifying your transactions.
Trade Date (List Chronologically) (mm/dd/yyyy) Number of Shares Sold Price Per Share Total Sale Price (Excluding Commissions, Taxes, and Fees)
HOLDINGS*
State the total number of shares of Northern Genesis common stock owned at the close of the U.S. financial markets on November 10, 2021, long or short (must be documented). If none, enter 0. Be sure to attach documentation verifying your holdings such as a current account statement.
SCHEDULE OF TRANSACTIONS IN Embark common stock (ticker symbol “EMBK”)
HOLDINGS - Automatic reclassification of Northern Genesis common stock*
State the total number of newly issued shares of Embark common stock (ticker symbol “EMBK”) acquired in the business combination on or about November 10, 2021 through the automatic reclassification of Northern Genesis common stock held by you (must be documented). If none, enter 0. Be sure to attach documentation verifying your holdings such as an account statement.
HOLDINGS - Conversion of existing Legacy Embark securities*
State the total number of newly issued shares of Embark common stock acquired in the business combination on or about November 10, 2021 through the conversion of existing Legacy Embark securities held by you (must be documented). If none, enter 0. Be sure to attach documentation verifying your holdings such as an account statement.
PURCHASES
Separately list each and every purchase of Embark common stock during the period from November 11, 2021 through November 23, 2021, both dates inclusive, and provide the following information (must be documented). Be sure to attach documentation verifying your transactions.
Trade Date (List Chronologically) (mm/dd/yyyy) Number of Shares Purchased Price Per Share Total Purchase Price (Excluding Commissions, Taxes, and Fees)
SALES
Separately list each and every sale of Embark common stock during the period from November 11, 2021 through November 23, 2021, both dates inclusive, and provide the following information (must be documented). Be sure to attach documentation verifying your transactions.
Trade Date (List Chronologically) (mm/dd/yyyy) Number of Shares Sold Price Per Share Total Sale Price (Excluding Commissions, Taxes, and Fees)
ENDING HOLDINGS*
State the total number of shares of Embark common stock owned at the close of the U.S. financial markets on November 23, 2021, long or short (must be documented). If none, enter 0. Be sure to attach documentation verifying your holdings such as a current account statement.
BALANCE CHECK
Below is a summary of the transactions you entered. Your Beginning Holdings plus Purchases/Acquisitions minus Sales and Ending Holdings should equal zero. Please correct any errors below to ensure that all transactions are accounted for.
Beginning Holdings - Northern Genesis
Total Purchases - Northern Genesis
Total Sales - Northern Genesis
Holdings - Northern Genesis common stock owned at the close of the U.S. financial markets on November 10, 2021
Holdings - Automatic reclassification of Northern Genesis common stock
Holdings - Conversion of existing Legacy Embark securities
Purchases - Embark
Sales - Embark
Ending Holdings - Embark
BALANCE CONFIRMATION
Outstanding Shares
This field shows the number of shares that are outstanding based on what you have entered in the Beginning Holdings, Purchases, Sales, and Ending Holdings fields. When all shares are accounted for, the balance in this field will be zero.
Balance Check Error*

SUBMISSION TO JURISDICTION OF THE COURT
By submitting this Proof of Claim, I/we, and every Settlement Class Member I/we represent, submit to the jurisdiction of the United States District Court for the Northern District of California for purposes of this Action and the Settlement of the Action, as reflected in the Stipulation. I/We further agree to be bound by the orders of the Court, agree that this Proof of Claim, my/our status or the status of the Settlement Class Member I/we represent as a Claimant, and the allowable amount of this claim will be subject to review and further inquiry, and that I/we will furnish such additional documentation with respect to this Proof of Claim as may be required.
RELEASE
1. By signing this Proof of Claim, I/we hereby acknowledge full and complete satisfaction of, and do hereby fully, finally and forever settle, release and discharge from the Settlement Class Claims each and all of the “Released Persons” defined as each and all of Defendants, Defendants’ Counsel, and any of their respective Related Parties. “Related Parties” means any Person’s former, present or future parents, subsidiaries, divisions, controlling persons, associates, related entities and affiliates, any entity in which a Person has a controlling interest, and each and all of their respective present and former employees, members, partners, principals, officers, directors, controlling shareholders, agents, attorneys, advisors (including financial or investment advisors), accountants, auditors, consultants, underwriters, investment bankers, commercial bankers, entities providing fairness opinions, general or limited partners or partnerships, limited liability companies, sponsors, members, join ventures and insurers and reinsurers or co-insurers of each of them; as well as the predecessors, successors, estates, immediate family members, spouses, heirs, executors, trusts, trustees, administrators, agents, legal or personal representatives, assigns, and assignees of each of them.

2. “Settlement Class Claims” means all claims, rights, liabilities, demands, damages, losses, and causes of action of every nature and description, including Unknown Claims, whether contingent or absolute, mature or unmature, discoverable or undiscoverable, liquidated or unliquidated, accrued or unaccrued, including those that are concealed or hidden, regardless of legal or equitable theory, whether arising under federal, state, common or foreign law, whether direct or indirect, that Plaintiffs or any other member(s) of the Settlement Class asserted or could have asserted in any forum that are based on, related to, or arising out of any claims, allegations, statements, representations, omissions, facts, transactions, occurrences or other matters that are or could have been the subject of the Action, whether known or unknown, relating to or arising from the purchase, acquisition, sale, disposition or holding of Northern Genesis and/or Embark common stock during the Exchange Act Class Period and/or the Securities Act Class Period.

3. “Unknown Claims” means collectively, any and all Settlement Class Claims that any Plaintiff or any other Settlement Class Member does not know or suspect to exist in his, her, or its favor, and any Defendant Claims that any Defendant does not know or suspect to exist in his, her, or its favor, which, if known by him, her, or it, might have affected his, her, or its decision to enter into this Settlement, execute this Stipulation, and agree to all the various releases set forth herein, or might have affected his, her, or its decision not to object to this Settlement or not exclude himself, herself, or itself from the Settlement Class. Unknown Claims include, without limitation, those claims in which some or all of the facts composing the claim may be unsuspected or undisclosed, concealed, or hidden.
REPRESENTATIONS
I/We acknowledge that I/we have read the Notice of Pendency and Proposed Settlement of Class Action and that pursuant thereto I/we file this claim to participate in the Settlement.

I/We hereby warrant and represent that neither I/we, nor any person I/we represent, is a Defendant (as defined in the Notice) with respect to any of the claims asserted in the Action, a member of the immediate family of any of the Defendants, or anyone excluded from the Settlement Class as it is defined in the Stipulation, or a person or entity who has requested exclusion from the Settlement Class.

I/We hereby warrant and represent that I/we have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion hereof.

I/We hereby warrant and represent that I/we have included information about all of my/our transactions in Northern Genesis common stock during the period from October 7, 2021 through November 10, 2021, both dates inclusive, as well as the number of shares of Northern Genesis common stock held by me/us at the close of the U.S. financial markets on October 6, 2021.

I/We hereby warrant and represent that I/we have included information about all of my/our transactions in Embark common stock during the period from November 11, 2021 through November 23, 2021, both dates inclusive, as well as the number of shares of Embark common stock held by me/us at the close of trading on November 23, 2021.

I/We hereby warrant and represent that I am/we are authorized to execute and deliver this Proof of Claim.
CERTIFICATION
I/We certify that I am/we are not subject to backup withholding.

I/We certify that I/we purchased or otherwise acquired the Northern Genesis common stock listed in the above Schedule during the Exchange Act Class Period and/or Embark common stock during the Securities Act Class Period.

I/We declare and affirm under penalties of perjury that the foregoing information and the documents attached hereto, including the Social Security or Taxpayer Identification Number shown on this Proof of Claim, are true, correct and complete to the best of my/our knowledge, information, and belief.
W-8 CERTIFICATION
W-8 Certification: Under the penalties of perjury, I/we certify that the information provided above is true, correct and complete.

IF YOU ARE NOT A RESIDENT OR CITIZEN OF THE UNITED STATES, COMPLETE THE W-8 ON THE IRS WEBSITE:

https://www.irs.gov/pub/irs-pdf/fw8ben.pdf

AND RETURN IT TO:

Embark Securities Litigation
c/o Strategic Claims Services
600 N. Jackson Street, Suite 205
Media, PA 19063
Signature of Claimant*

Please type the name of the Claimant. If this claim is being made on behalf of Joint Claimants, then each must sign
Signature of Joint Claimant

Please type the name of the Joint Claimant
Capacity of person(s) signing

Capacity of person signing on behalf of Claimant, if other than an individual, (Executor, President, Custodian, etc.)
Date*
MM slash DD slash YYYY
Hidden
FormID

Trade Date (List Chronologically) (mm/dd/yyyy)	Number of Shares Purchased	Price Per Share	Total Purchase Price (Excluding Commissions, Taxes, and Fees)

Trade Date (List Chronologically) (mm/dd/yyyy)	Number of Shares Sold	Price Per Share	Total Sale Price (Excluding Commissions, Taxes, and Fees)

Embark Securities Litigation Proof of Claim and Release Form

Step 1 of 6 - Help

GENERAL INSTRUCTIONS & INFORMATION

CLAIMANT IDENTIFICATION INSTRUCTIONS

INSTRUCTIONS FOR SCHEDULE OF TRANSACTIONS

CLAIMANT INFORMATION

SCHEDULE OF TRANSACTIONS IN Northern Genesis common stock (ticker symbol “NGAB”)

SCHEDULE OF TRANSACTIONS IN Embark common stock (ticker symbol “EMBK”)

BALANCE CHECK

BALANCE CONFIRMATION

SUBMISSION TO JURISDICTION OF THE COURT

RELEASE

REPRESENTATIONS

CERTIFICATION

W-8 CERTIFICATION