Pretzelmaker litigation history

Parent, affiliates and predecessor

Pending (1)

• Mitchell Kates v. FAT Brands, Inc., Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen

  pending

  Third-party plaintiff · FAT Brands, Inc. (ultimate parent), with officers Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen named as co-defendants · filed 2024-06-07 · United States District Court for the Central District of California · 2:24-cv-04775-MWF-MAA

  “On June 7, 2024, plaintiff Mitchell Kates, a putative investor in FAT, filed a putative class action lawsuit against FAT, Andrew Wiederhorn, Kenneth J. Kuick and Robert G. Rosen, asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended (the “1934 Act”), alleging that the defendants are r”Page 19 of the 2025 FDD, Item 3

Concluded (7)

• Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc. (No. SEC-2022-0042)

  settled

  Government or regulatory action · Fatburger North America, Inc. · filed 2025 · Virginia State Corporation Commission (Division of Securities and Retail Franchising) · SEC-2022-0042

  “Retail Franchising (the “Division”) that Fatburger North America, Inc., when seeking an exemption from the registration requirements of the Virginia Retail Franchising Act, incorrectly stated its total stockholder’s equity on its fiscal year 2022 balance sheet that it submitted to the Division of Securities and Retail Franchisin”Page 20 of the 2025 FDD, Item 3

  Outcome:“Without admitting or denying the allegations, FBNA made an offer of settlement in the amount of Five thousand Dollars ($5,000) in civil penalty and Five Hundred Dollars ($500) to defray the costs of investigation. The Division accepted the settlement and enter”

• Commonwealth of Virginia ex rel. State Corporation Commission v. Fatburger North America, Inc.

  settled

  Government or regulatory action · Fatburger North America, Inc. · filed 2023 · Virginia State Corporation Commission (Division of Securities and Retail Franchising) · SEC-2022-00034

  “This matter involves allegations by the Virginia State Corporation Commission’s Division of Securities and Retail Franchising that Fatburger North America, Inc., offered and sold 3 Virginia franchises at a time when it was not effectively registered in Virginia between December 2020 through August 2021. FBNA reached a settlement”Page 20 of the 2025 FDD, Item 3

  Outcome:“FBNA reached a settlement in principle in May 2023, without admitting or denying the allegations, and agreed: (a) to offer the affected franchisees an opportunity to rescind their franchises; (b) to pay $27,000 to the Commonwealth of Virginia; and (3) not to violate the Virginia franchise law in the”

• Robert J. Matthews, et al., v. FAT Brands, Inc., Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick

  settled

  Third-party plaintiff · FAT Brands, Inc., with officers Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick named as co-defendants · filed 2022-03-18 · United States District Court for the Central District of California · 2:22-cv-01820

  “On March 18, 2022, plaintiff Robert J. Matthews, a putative investor in the Company, filed a putative class action lawsuit against the Company, Andrew Wiederhorn, Ron Roe, Rebecca Hershinger and Ken Kuick, asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended (the “1934 Act”), allegin”Page 19 of the 2025 FDD, Item 3

  Outcome:“Pursuant to the settlement, FAT agreed to pay on behalf of the defendants $2,500,000 in cash and $500,000 in Class A common stock of FAT to the class plaintiffs, the plaintiffs released all claims against the defendants, and the case was dismissed wi”

• Ieman Shahi vs. Fatburger North America, Inc., Andrew Alan Wiederhorn, Taylor Andrew Wiederhorn, et al

  dismissed

  Brought by a franchisee · Fatburger North America, Inc., with Andrew Alan Wiederhorn and Taylor Andrew Wiederhorn named as co-defendants · filed 2019-07-08 · Superior Court for the State of California for the County of Los Angeles · 19STCV23772

  “On July 8, 2019, Ieman Shahi (“Shahi”) filed a complaint against FBNA as well as Andrew A. Wiederhorn and Taylor A. Wiederhorn. The Court dismissed Andrew and Taylor Wiederhorn from the lawsuit on January 27, 2021. Shahi sought rescission of an international Multi- Unit Restaurant Agreement entered into by Shahi and FBNA in Octo”Page 20 of the 2025 FDD, Item 3

  Outcome:“FBNA filed a cross complaint on April 13, 2020 asserting that Shahi breached the international Multi-Unit Restaurant Agreement. The case was dismissed on October 21, 2021. P&K Food Market, I”

• Adam Vignola, et al. v. FAT Brands Inc., et al.

  dismissed

  Third-party plaintiff · FAT Brands Inc. and the Original Defendants (its officers, directors and affiliates) · filed 2018-08-24 · United States District Court for the Central District of California · 2:18-cv-07469

  “On August 24, 2018, the Original Defendants were named as defendants in a putative securities class action lawsuit entitled Vignola v. FAT Brands, Inc., Case No. 2:18-cv-07469-PSG-PLA, in the United States District Court for the Central District of California. The allegations and claims for relief asserted in Vignola were substa”Page 21 of the 2025 FDD, Item 3

  Outcome:“On September 25, 2020, the parties executed a Settlement Agreement and Mutual Release pursuant to which lead plaintiffs agreed to dismiss their individual claims against defendants with prejudice in exchange for a payment by or on behalf of defendant”

• Eric Rojany, et al. v. FAT Brands Inc., et al.

  dismissed

  Third-party plaintiff · FAT Brands Inc., its officers and directors (Andrew Wiederhorn, Ron Roe, James Neuhauser, Edward H. Rensi, Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman), Fog Cutter Capital Group Inc. a · filed 2018-06-07 · Superior Court of California for the County of Los Angeles · BC708539

  “Case No. BC708539, filed on June 7, 2018 against FAT Brands, Inc., Andrew Wiederhorn, Ron Roe, James Neuhauser, Edward H. Rensi, Marc L. Holtzman, Squire Junger, Silvia Kessel, Jeff Lotman, Fog Cutter Capital Group Inc., and Tripoint Global Equities, LLC (collectively, the “Original Defendants”). On August 2, 2018, the Original”Page 21 of the 2025 FDD, Item 3

  Outcome:“On January 6, 2021, the parties executed a Settlement Agreement and Mutual Release pursuant to which plaintiff agreed to dismiss his individual claims against defendants with prejudice in exchange for a payment by or on behalf of defendants of $50,00”

• P&K Food Market, Inc. vs. Buffalo's Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, Andy Wiederhorn et al.

  dismissed

  Brought by a franchisee · Buffalo's Franchise Concepts, Inc. and Fog Cutter Capital Group, with Shaun Curtis and Andy Wiederhorn named as co-defendants · filed 2018-07-13 · Superior Court of California for the County of Los Angeles · 18STLC09534

  “On July 13, 2018, P&K Food Market, Inc. (“P&K”) filed a complaint against Buffalo’s Franchise Concepts, Inc., Fog Cutter Capital Group, Shaun Curtis, and Andy Wiederhorn for Breach of Contract, Fraudulent Misrepresentation and Unlawful Offer and Sale of Franchise By Means of Untrue Statements or Omissions of Material Fact Under”Page 21 of the 2025 FDD, Item 3

  Outcome:“The case was dismissed on February 13, 2019.”