Politan Comments on Masimo’s Latest Attempt to Block a Fair Shareholder Vote

Politan Capital Management (together with its affiliates, “Politan”), an 8.9% shareholder of Masimo Corporation (“Masimo” or the “Company”) (NASDAQ: MASI), today issued the following statement:

“With its motion for a preliminary injunction denied, Masimo pivoted this Saturday to asking the California Federal Court to effectively invalidate Politan’s current proxy card. This follows the Court’s hearing on Friday on Masimo’s request to delay the Annual Meeting. Masimo justifies these requests by claiming it has been greatly harmed by Politan having disclosed that the Court denied the Company’s request for a preliminary injunction on Thursday, when it was instead supposed to be unsealed Friday.

While the Court did not grant Masimo’s Friday efforts to delay the meeting, the Court did find Politan violated the sealing order and therefore was in contempt. Notably, Masimo has still not even made the Court’s orders readily accessible for shareholders and instead has issued multiple misleading press releases. We are making the Court’s orders and Masimo’s Saturday brief easily accessible here. This way, shareholders can get the facts and see Masimo’s requests:

On the website www.advancemasimo.com can be found:

1. The Court’s order denying Masimo’s motion for a preliminary injunction (which was unsealed on Friday).
2. The Court’s order holding Politan and Mr. Koffey in contempt for disclosing on Thursday that the Court had denied the preliminary injunction.
3. Masimo’s brief filed Saturday night in which it seeks to effectively invalidate Politan’s proxy card. We believe this would inject chaos into the upcoming Annual Meeting while disenfranchising shareholders that support Politan’s nominees.

We will continue to update shareholders as promptly as we are permitted.”

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Your vote is important, no matter how many shares of Common Stock you own. We urge you to sign, date, and return the WHITE universal proxy card today to vote FOR the election of the Politan Nominees and in accordance with the Politan Parties’ recommendations on the other proposals on the agenda for the 2024 Annual Meeting.

If you have any questions, require assistance in voting your
WHITE universal proxy card or voting instruction form,
or need additional copies of Politan’s proxy materials,
please contact D.F. King using the contact information provided here:

D.F. King & Co., Inc.
48 Wall Street
New York, New York 10005
Stockholders call toll-free: [phone]
Banks and Brokers call: [phone]
By Email: [e-mail]