Item 7.01 Regulation FD Disclosure.
Attached as Exhibit 99.1 to
this Current Report on Form 8-K, and incorporated into this Item 7.01 by reference, is an Analyst Day presentation being used
in connection with the proposed business combination between FinServ Acquisition Corp. (“FinServ”) and Katapult Holdings,
Inc. (“Katapult”).
The information in this Item
7.01, including Exhibit 99.1, is being furnished pursuant to Item 7.01 and shall not be deemed to be filed for purposes of Section 18
of the Securities Exchange Act, of 1934, as amended (the “Exchange Act”), or otherwise be subject to the liabilities
of that section, nor will it be deemed to be incorporated by reference in any filing under the Securities Act of 1933, as amended (the
“Securities Act”), or the Exchange Act. The submission of the information set forth in this Item 7.01 shall not be
deemed an admission as to the materiality of any information in this Item 7.01, including the information presented in Exhibit 99.1 and
Exhibit 99.2, that is provided solely in connection with Regulation FD.
Important Information for Investors and Stockholders and Where
to Find It
In connection with the proposed
transaction, FinServ has filed a registration statement on Form S-4, including a proxy statement/prospectus (the “Registration
Statement”), with the Securities and Exchange Commission (the “SEC”), which includes a preliminary proxy
statement to be distributed to holders of FinServ’s common stock in connection with FinServ’s solicitation of proxies for
the vote by FinServ’s stockholders with respect to the proposed transaction and other matters as will be described in the Registration
Statement, and a prospectus relating to the offer of the securities to be issued to Katapult’s stockholders in connection with the
proposed transaction. After the Registration Statement has been declared effective, FinServ will mail a definitive proxy statement/prospectus,
when available, to its stockholders and Katapult’s stockholders. Investors and security holders and other interested parties are
urged to read the proxy statement/prospectus, and any amendments thereto and any other documents filed with the SEC when they become available,
carefully and in their entirety because they contain important information about FinServ, Katapult and the proposed transaction. Investors
and security holders may obtain free copies of the preliminary proxy statement/prospectus and definitive proxy statement/prospectus (when
available) and other documents filed with the SEC by FinServ through the website maintained by the SEC at http://www.sec.gov.
No Offer or Solicitation
This Current Report on Form 8-K (this “Current
Report”) does not constitute an offer to sell or a solicitation of an offer to buy, or the solicitation of any vote or approval
in any jurisdiction in connection with a proposed potential business combination among Katapult and FinServ or any related transactions,
nor shall there be any sale, issuance or transfer of securities in any jurisdiction where, or to any person to whom, such offer, solicitation
or sale may be unlawful. Any offering of securities or solicitation of votes regarding the proposed transaction will be made only by means
of a proxy statement/prospectus that complies with applicable rules and regulations promulgated under the Securities Act and Exchange
Act, or pursuant to an exemption from the Securities Act or in a transaction not subject to the registration requirements of the Securities
Act.
Participants in the Solicitation
FinServ and Katapult and their respective directors and certain
of their respective executive officers and other members of management and employees may be considered participants in the solicitation
of proxies with respect to the proposed transaction. Information about the directors and executive officers of FinServ in its Annual
Report on Form 10-K, filed with the SEC on March 8, 2021. Additional information regarding the participants in the proxy solicitation
and a description of their direct interests, by security holdings or otherwise, will be set forth in the Registration Statement and other
relevant materials to be filed with the SEC regarding the proposed transaction. Stockholders, potential investors and other interested
persons should read the Registration Statement carefully before making any voting or investment decisions. These documents, when available,
can be obtained free of charge from the sources indicated above.
Forward-Looking Statements
Certain statements included in this Current Report that are
not historical facts are forward-looking statements for purposes of the safe harbor provisions under the United States Private Securities
Litigation Reform Act of 1995. Forward-looking statements generally are accompanied by words such as “believe,” “may,”
“will,” “estimate,” “continue,” “anticipate,” “intend,” “expect,”
“should,” “would,” “plan,” “predict,” “potential,” “seem,” “seek,”
“future,” “outlook,” and similar expressions that predict or indicate future events or trends or that are not
statements of historical matters. These forward-looking statements include, but are not limited to, statements regarding estimates and
forecasts of other financial and performance metrics and projections of market opportunity. These statements are based on various assumptions,
whether or not identified in this Current Report, and on the current expectations of Katapult’s and FinServ’s management
and are not predictions of actual performance. These forward-looking statements are provided for illustrative purposes only and are not
intended to serve as, and must not be relied on by any investor as, a guarantee, an assurance, a prediction or a definitive statement
of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Many
actual events and circumstances are beyond the control of Katapult and FinServ. These forward-looking statements are subject to a number
of risks and uncertainties, including changes in domestic and foreign business, market, financial, political and legal conditions; the
inability of the parties to successfully or timely consummate the proposed transaction, including the risk that any required regulatory
approvals are not obtained, are delayed or are subject to unanticipated conditions that could adversely affect the combined company or
the expected benefits of the proposed transaction or that the approval of the stockholders of FinServ or Katapult is not obtained; failure
to realize the anticipated benefits of the proposed transaction; risks relating to the uncertainty of the projected financial information
with respect to Katapult; risks related to the concentration of Katapult’s business among a relatively small number of merchants;
the effects of competition on Katapult’s future business; the impact of the COVID-19 pandemic on Katapult’s business; the
ability of FinServ or the combined company to issue equity or equity-linked securities or obtain debt financing in connection with the
proposed transaction or in the future, and those factors discussed in FinServ’s final prospectus dated October 31, 2019 and Annual
Report on Form 10-K for the fiscal year ended December 31, 2020, in each case, under the heading “Risk Factors,” and other
documents of FinServ filed, or to be filed, with the SEC. If any of these risks materialize or our assumptions prove incorrect, actual
results could differ materially from the results implied by these forward-looking statements. There may be additional risks that none
of FinServ or Katapult presently know or that FinServ or Katapult currently believe are immaterial that could also cause actual results
to differ from those contained in the forward-looking statements. In addition, forward-looking statements reflect FinServ’s and
Katapult’s expectations, plans or forecasts of future events and views as of the date of this Current Report. FinServ and Katapult
anticipate that subsequent events and developments will cause FinServ’s and Katapult’s assessments to change. However, while
FinServ and Katapult may elect to update these forward-looking statements at some point in the future, FinServ and Katapult specifically
disclaim any obligation to do so. These forward-looking statements should not be relied upon as representing FinServ’s and Katapult’s
assessments as of any date subsequent to the date of this Current Report. Accordingly, undue reliance should not be placed upon the forward-looking
statements. Certain market data information in this Current Report is based on the estimates of Katapult and FinServ management. Katapult
and FinServ obtained the industry, market and competitive position data used throughout this Current Report from internal estimates and
research as well as from industry publications and research, surveys and studies conducted by third parties. Katapult and FinServ believe
their estimates to be accurate as of the date of this Current Report. However, this information may prove to be inaccurate because of
the method by which Katapult or FinServ obtained some of the data for its estimates or because this information cannot always be verified
due to the limits on the availability and reliability of raw data, the voluntary nature of the data gathering process.