On October 7, 2023, Kelly Day sent a letter to the board of directors of Cue Health, Inc. outlining his urgent concerns for the Company. In the letter, Kelly Day stated that he has reviewed the letter sent by Tarsadia Investments, LLC to the Company on August 31, 2023, and while he is acting independently and in his own interest, he believes that Tarsadia Investments raise valid concerns regarding the Company. Kelly Day expressed his views that the Board must take immediate action to stabilize the Company, substantially reduce its cash burn, and focus on its core diagnostic business.

Kelly Day continues to view that the Company?s core technology and diagnostic platform remains the Company?s foremost value creation opportunity and should receive the full attention and resources of the Board and management team. Kelly Day stated that the Company must also remain financially positioned to weather potential regulatory delays and setbacks, without being substantially compromised. Kelly Day added that finally, based on the Company?s performance and decision-making to-date, he views that the Board is not adequately supervising management and holding it to account.

Kelly Day expressed his view that the Board should reflect a greater representation of direct stockholder voices to ensure that it is acting independently of management. Kelly Day stated that he is also prepared to meet with the independent members of the Board to further discuss his views as soon as possible. Kelly Day urges the Board to heed his voices as long-term stockholders and take action today.