Strategic Capital, Inc. is under a discretionary investment management contract with INTERTRUST TRUSTEES (CAYMAN) LIMITED SOLELY IN ITS CAPACITY AS TRUSTEE OF JAPAN-UP (“Fund”) and is a shareholder of SEIKITOKYU KOGYO CO., LTD. (“Seikitokyu” or “Company”).
As stated in the October 14, 2020 Press Release titled “Request for action to pursue liability for damages against Representative Directors etc. of SEIKITOKYU KOGYO CO., LTD. (1898)”, the Fund sent a written letter to the Audit & Supervisory Board of the Company requesting the Company to file a proceeding to pursue liability for damages against the four directors and former directors (“Directors”) named below. As the Fund subsequently received a Notification that the Company would not prosecute the Directors, on December 18 2020, it has filed a shareholder lawsuit against the Directors.