The Loan Source Inc. v. Newity LLC, D. Del. No. 1:22-cv-01255, Doc. 200, order on the memorandum opinion (Sept. 15, 2026)

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An order filed 09/15/26 as Document 200 in Civil Action No. 22-1255-GBW in the United States District Court for the District of Delaware, brought by The Loan Source Inc. and The 1993 Steven D. Kravitz Family Trust against ACAP SME, LLC. The Court concludes that ACAP did not breach the OPEX Adjustment in the First Amendment to the Amended & Restated Stock Purchase Agreement and did not materially breach that agreement by failing to fund the Break-Up Fee. It concludes that the plaintiffs are not entitled to the Break-Up Fee but are entitled to the NECB Line, and that ACAP is not entitled to reimbursement of the alleged overdistribution under the Correspondent Agreement. The parties are to meet and confer within seven (7) days and submit a proposed form of judgment.

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Case 1:22-cv-01255-GBW Document 200 Filed 09/15/26 Page 1of 2 PagelD #: 2710

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

THE LOAN SOURCE INC. and THE 1993
STEVEN D. KRAVITZ FAMILY TRUST,

Plaintiffs,

ACAP SME, LLC,

Defendant.

Civil Action No. 22-1255-GBW
ACAP SME, LLC,

Counterclaim Plaintiff,

THE LOAN SOURCE INC. and THE 1993
STEVEN D. KRAVITZ FAMILY TRUST,

Counterclaim Defendants.

ORDER
At Wilmington, this 15th day of September, 2026, IT IS HEREBY ORDERED as follows:

1, The Court concludes that Defendant ACAP SME, LLC (“ACAP”) did not breach
the OPEX Adjustment in the First Amendment to the Amended & Restated Stock Purchase
Agreement (“A&R SPA”).

2. The Court concludes that ACAP did not materially breach the A&R SPA by failing
to fund the Break-Up Fee.

3. The Court concludes that Plaintiffs The Loan Source Inc. (“TLS”) and The 1993
Steven D. Kravitz Family Trust (the “Trust”) (collectively, “Plaintiffs”) are not entitled to the

Break-Up Fee.
Case 1:22-cv-01255-GBW Document 200 Filed 09/15/26 Page 2 of 2 PagelD #: 2711

4, The Court concludes that Plaintiffs are entitled to the NECB Line.
= The Court concludes that ACAP is not entitled to reimbursement of the alleged

overdistribution under the Correspondent Agreement.

6. Within seven (7) days of this Order, the parties shall meet and confer and submit a

proposed form of judgment consistent with this Opinion.

~ GREGORY B. WILLIAMS
UNITED STATES DISTRICT JUDGE


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