Common use of AND DISMISSAL WITH PREJUDICE Clause in Contracts

AND DISMISSAL WITH PREJUDICE. The State of Washington (“State”) and McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the subsidiaries thereof (collectively, the “Settling Distributors,” and each a “Settling Distributor”) (together with the State, the “Parties,” and each a “Party”) have entered into a consensual resolution of the above-captioned litigation (the “Action”) pursuant to a settlement agreement entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the “Washington Agreement”), a copy of which is attached hereto as Exhibit A. The Washington Agreement shall become effective by its terms upon the entry of this Final Consent Judgment (the “Judgment”) by the Court without adjudication of any contested issue of fact or law, and without finding or admission of wrongdoing or liability of any kind. By entering into the Washington Agreement, the State of Washington agrees to be bound by all terms and conditions of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated) (the “Global Agreement”), a copy of which is attached hereto as Exhibit B (together with the Washington Agreement, the “Agreements”) unless stated otherwise in the Washington Agreement. Unless stated otherwise in the Washington Agreement, the terms of the Washington Agreement are intended to be consistent with the terms of the Global Settlement and shall be construed accordingly.