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Concerned (NKLA) Shareholders Introduce Slate of Independent Director Candidates for Election

February 20, 2024 9:30 AM EST

M&M Residual, LLC (together with its affiliates and the participants named herein, the “Concerned Stockholder Group,” “we” or our “Group”) owns approximately 4.5% of the outstanding common stock of Nikola Corporation (Nasdaq: NKLA) (“Nikola” or the “Company”), making it a top stockholder. Today, the Concerned Stockholder Group issued the below statement regarding its nomination of five highly qualified and independent director candidates for election to the Company’s nine-member Board of Directors (the “Board”) at the 2024 Annual Meeting of Stockholders (the “2024 Annual Meeting”).

“Our five-member slate of highly qualified and independent candidates is excited about the opportunity to help fix Nikola’s addressable issues and put the Company back on the path to value creation. Since taking over as Chair in 2020, CEO Steve Girsky and his Board have overseen a staggering and consistent decline in Nikola’s stock from $30+ per share to a delisting Nasdaq price of less than seventy cents per share.1 Clearly, the status quo cannot continue. While the Board recently publicly stated that it rejected our nominations, the reality is that the Company has not legally done so and that our nominations still stand. Our slate of director candidates is highly qualified, wholly independent and focused on one goal: implementing a lasting turnaround that unlocks the significant potential of Nikola.

For approximately four years now, the Board has overseen operational underperformance, value destructive acquisitions, the breakdown of the Iveco Group-Nikola partnership, the loss of meaningful European market share and the sale of key assets while taking on debt. These actions (among other concerning missteps surrounding safety and disclosures) have resulted in the destruction of nearly 100% of stockholder value.2 Concerningly, the Board also diluted Nikola shares to the tune of an additional 800 million last year, so that over 1.6 billion total shares are now authorized with over 1 billion shares in circulation.3 After destroying significant value and diluting stockholders as Chair, Steve Girsky then took the helm as CEO in August 2023. Under Mr. Girsky’s leadership, stockholders suffered an approximate 72% decline in value. No matter how you look at it, over all relevant time periods this management team and Board have obliterated stockholder value and put our Company at risk.

In our view, such disastrous returns reflect these individuals’ inability to lead the Company. In fact, our Group has been approached by numerous stockholders who want to see CEO Steve Girsky and his Board replaced with high-integrity individuals. This is a reasonable request, especially considering Nikola recently disclosed that substantial doubt exists regarding its ability to continue as a going concern through the next 12 months.4 This followed a material weakness being identified in the Company’s 2022 financial reporting. Time is clearly of the essence for Nikola stockholders who cannot afford to wait – the time for boardroom change is now.

In stark contrast to the current Board, our independent slate includes proven founders and executives who collectively possess the operational, supply chain and electric vehicle experience that we believe will be required to initiate a value-enhancing turnaround at Nikola. Our five-member slate has already begun working on an operating strategy that considers the interests of stockholders, employees, partners and customers. In the coming weeks, we look forward to engaging with our fellow stockholders to achieve our goal of helping Nikola enhance its corporate governance, improve operations, increase sales, pay off debt and optimize the Company’s capital structure. With the right leadership and strategy in place, we believe Nikola can return to its pole position as a next-generation provider of revolutionary energy and transportation solutions.”

The Concerned Stockholder Group’s highly qualified and independent slate of director candidates include:

Cole Cannon

Mr. Cannon is a local entrepreneur and lawyer with extensive M&A experience that would be extremely valuable to the Nikola Board.

  • Founder of EMBR Motors Inc., a vehicle manufacturing start-up steeped in EV technology that recently acquired all the Badger, Powersport and WAV programs from Nikola Corp.
  • Owner and attorney at Cannon Law Group, PLLC, a law firm he founded in 2008 specializing in business, mergers & acquisitions, real estate and personal planning services.
  • Currently serves on the University of Utah National Honors Advisory Board of Directors and in leadership positions for several real estate development companies in Arizona, as well as the co-owner and manager of Action Opportunity Fund, a qualified opportunity fund that focuses on improving opportunity zones areas in Arizona and Utah.

Derek Johnson

Mr. Johnson possesses significant business management, logistics and supply chain experience that would be extremely valuable to the Nikola Board.

  • Founder of Cowboy Up, LLC, a business consulting company focused on developing comprehensive business strategies and achieving profitability improvements, as well as operational and financial efficiencies for clients.
  • Previously served as a Route Manager at Western Wyoming Beverages, Inc., a supplier and distributor of alcoholic and soft beverages.
  • Holds a B.S. in Business Management, Logistics, Materials and Supply Chain Management from Brigham Young University – Idaho and a M.B.A in Logistics, Materials and Supply Chain Management from the Marriott School of Business at Brigham Young University.

Hans Peterson

Mr. Peterson is an entrepreneur with extensive experience in the custom vehicle space that would be extremely valuable to the Nikola Board.

  • Serves as the Vice President of Marketing and Relations at Sparks Motors, LLC, a builder and seller of custom high-performance vehicles.
  • Previously served in positions of increasing seniority at Sparks Motors, LLC, including Shop Manager and Social Media Manager, since 2015.
  • Currently owns and operates Hans on Management, a real estate management and rental company.

Paul Southam

Mr. Southam is a former CEO with two decades of executive management experience and prior board service that would be extremely valuable to the Nikola Board.

  • Co-Founder and Chairman of the Board of Directors of Figure Financial, Inc., a privately held tax strategy company.
  • Currently serves as Co-Founder and Chairman of the Board of Directors of Clear Home, Inc. (f/k/a Clear Satellite, Inc.), a privately held home service sales and installation company.
  • Previously served as Chief Executive Officer of Clear Home, Inc. for over twenty years.

Dave Sparks

Mr. Sparks is a founder and CEO of multiple vehicle manufacturer and marketplace companies with extensive engineering and electric vehicle technology experience that would be extremely valuable to the Nikola Board.

  • Founder and Chief Executive Officer of Sparks Motors, LLC, a builder and seller of custom high-performance vehicles.
  • Founder of EMBR Motors Inc., a vehicle manufacturing start-up steeped in EV technology that recently acquired all the Badger, Powersport and WAV programs from Nikola Corp.
  • Previously served as Co-Founder and Chief Executive Officer of DieselSellerz.com, LLC, an online classified listings company for buying and selling vehicles.
  • An expert in social media and influencing with millions of followers who closely follow his ventures.


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