On December 29, 2023, AIM ImmunoTech Inc announced that the Delaware Court of Chancery ruled that the nomination notice submitted by Kellner Group (Ted D. Kellner, Todd Deutsch and Robert L. Chioini) who are seeking to nominate 3 candidates for election to the Company?s four-person Board of Directors was properly rejected for being invalid under the Company?s Bylaws. This ruling follows a trial held at the end of October in connection with Kellner Group?s lawsuit against the Company. The Company reminded that board had unanimously determined that Kellner Group?s nomination notice was invalid because it omitted key information and included misleading information, ignoring what the Company?s Bylaws require to be disclosed.

In light of the Court?s ruling, the Company will disregard Kellner Group?s director nominations, and no proxies or votes in favor of their 3 nominees will be recognized or tabulated at the 2023 Annual Meeting of Stockholders. The Company will reconvene its 2023 Annual Meeting as planned on December 29, 2023 and will then adjourn proceedings, without conducting any other business, until January 5, 2024. The board recommended shareholders to vote for all of its board?s nominees (Stewart L. Appelrouth, Nancy K. Bryan, Thomas K. Equels and Dr. William M. Mitchell).