Capital Artists, LLC, Derivatively on Behalf of Active Protective Technologies, Inc. v. Asahi Kasei Holdings US, Inc., and Active Protective Technologies, Inc., Nominal

Capital Artists, LLC, (“Capital”) is a minority shareholder in Active Protective Technologies, Inc. (“APT”). Several years ago, Asahi Kasei Holdings US, Inc. (“AK Holdings”) agreed to provide APT with funding in exchange for certain rights, including an option to acquire APT by way of merger and the right to appoint two of APT’s board members (the “AK Directors”). To date AK Holdings has loaned APT a total of $19.5 million. Capital brought this lawsuit derivatively on behalf of APT in an attempt to invalidate the contracts that APT entered into with AK Holdings.

Capital claims that: (I) AK…