STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Settlement Agreement” or the “Stipulation”), dated May 8, 2013, which is entered into between and among (i) plaintiffs Harold L. Xxxxxxx (“Xxxxxtz”) xxx Xames R. Xxxxxx (“Xxxxxl”) (xxxxectively, “Plaintiffs”), on their own behalf and on behalf of the Class (defined below), and (ii) defendants CNX Gas Corporation (“CNX Gas” or the “Company”), CONSOL Energy Inc. (“CONSOL”), J. Brett Xxxxxx (“Harvey”), Xxxxip W. Xxxxxx (“Xxxxxr”), xxx Raj K. Gxxxx (“Xxxxx”) (xxxxectively, “Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of the Consolidated Action (defined below) and is intended by the parties to this Stipulation (the “Parties”) to fully and finally compromise, resolve, discharge and settle the Released Claims (defined below) subject to the approval of the Court of Chancery of the State of Delaware (the “Court”): Background of the Settlement
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated July 6, 2011, which is entered into between (i) plaintiffs Buttonwood Tree Value Partners, LP (“Buttonwood”), (ii) I. Wistar Xxxxxx, III, I. Wistar Xxxxxx, III IRA, the Cotswold Foundation Trust, and I. Wistar Xxxxxx, III 401-K Plan (the “Xxxxxx Plaintiffs,” and together with Buttonwood, the “Class Representatives”), on their own behalf and on behalf of the Settlement Class, as defined herein, (iii) the Xxxxx Xxxxxx Xx. Trust, the Xxxxxxx X. Xxxxxx Trust 1990 GST Trust UA 11/15/1990, the Xxxxx X. Xxxxxx Revocable Trust, the X. Xxxxxx Charitable Trust FBO X. Xxxxxx, the Xxxxxxx X. Xxxxxx Trust, the Xxxxx Xxxxxx 1990 Trust and the Xxxxxxxx Xxxxxx 1990 Trust (the “Dragge Plaintiffs”), and (iv) the 1974 Xxxxxxx X. Xxxxx Trust, the 1974 Xxxxxxx Xxxxxx Charitable Trust FBO Xxxxxxx X. Xxxxx, the Xxxxxxx X. Xxxxx Revocable Trust, the Xxxxxxx Xxxxx Xxxxxx 1990 GST Trust FBO Xxxxxxx Xxxxx, the Xxxx Xxxxx 1990 Trust, the Xxxxxxxxx Xxxxx 1990 Trust, the Xxxxxxx Xxxxx Xxxxxx 1990 Trust FBO Xxxxx X. Xxxxxx, the Xxxxxxx X. Xxxxxx Charitable Trust FBO Xxxxx X. Xxxxxx UAD 12/20/74, and the Xxxxx X. Xxxxxx Trust UAD 11/13/74 (the “Icaza Plaintiffs,” and together with the Dragge Plaintiffs and the Class Representatives, the “Plaintiffs”); (v) defendants Xxxxx Investment Company (“SICO”), Xxxxx Investment Company LLC (“SPINCO”), (vi) Xxxxxx X. Xxxxxxxx XX, and Xxxxxx X. Xxxx (the “Special Committee Defendants”), (vii) Xxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xxxxxx X. Xxxxx XXX, Xxxx X. Xxxxx and the Xxxxx Family Voting Trust (the “Xxxxx Defendants” and, together with SICO, SPINCO and the Special Committee Defendants, the “Defendants”); and (viii) Great American Insurance Company (“GAIC”), by and through their undersigned attorneys, together with the Settlement Agreement, as defined herein, state all of the terms of the settlement and resolution of this matter (the “Settlement”) and is intended by the Parties, as defined herein, to fully and finally compromise, resolve, discharge and settle the Released Claims, as defined herein, subject to the approval of the Wisconsin Court, as defined herein:
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated July 29, 2019, which is entered into by and among (i) FrontFour Capital Group LLC (“FFCG”) and FrontFour Master Fund, Ltd. (“FFMF”) (collectively, “Plaintiffs”), on their own behalf and on behalf of the Settlement Class (as defined herein); and (ii) Xxxxx Xxxxx, Xxxx Xxxxx, Xxxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxx-Xxxxxx, Xxxx X. Xxxx, Xxxxxx X. Xxxxxxxx, Xxxxxx Management Inc. (“MDLY”), Medley Capital Corporation (“MCC”), MCC Advisors LLC, Medley Group LLC, and Medley LLC (collectively, “Stipulating Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of this matter and is intended by the Parties (as defined herein) to fully and finally release, resolve, compromise, settle and discharge the Released Plaintiffs’ Claims (as defined herein) against the Released Defendant Parties (as defined herein) and the Released Defendants’ Claims (as defined herein) against the Released Plaintiff Parties (as defined herein), subject to the approval of the Court of Chancery of the State of Delaware (the “Court” or “Court of Chancery”).
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated August 30, 2011, which is entered into by and among (i) New Orleans Employees’ Retirement System, Local 542 International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware, City of Orlando Police Pension Fund, Southeastern Pennsylvania Transportation Authority, City of Orlando Firefighters’ Pension Fund and Xxxxxx Xxxxx (collectively, “Lead Plaintiffs”), on their own behalf and on behalf of the Settlement Class (as defined herein); and (ii) X.Xxxx Group, Inc. (hereafter, “J.Crew” or the “Company”), Xxxxxxx Xxxxxxx (“Xxxxxxx”), Xxxxx Xxxxxxx (“Xxxxxxx”), Xxxxx Xxxxx (“House”), Xxxxxxx Xxxxxxx (“Xxxxxxx”), Xxxxxx Xxxxx (“Xxxxx”), Xxxx Xxx Xxxxxx (“Casati”), Xxxx Xxxxxx (“Xxxxxx”), Xxxxxx Xxxxx-Xxxx (“Grand-Xxxx”), Xxxxxxx Xxxxxx (“Xxxxxx”), Xxxxx Xxxxxx (“Xxxxxx”), TPG Capital, L.P., TPG Partners, VI, L.P. (together with TPG Capital, L.P., “TPG”), Xxxxxxx Xxxxx & Partners, L.P. (“Xxxxxxx Xxxxx”), Chinos Holdings, Inc. (“Chinos Holdings”) and Chinos Acquisition Corporation (“Chinos Acquisition”) (collectively, “Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of this matter and is intended by the Parties to fully and finally release, resolve, remise, compromise, settle and discharge the Released Plaintiffs’ Claims (as defined herein) against the Released Defendant Parties (as defined herein) and the Released Defendants’ Claims (as defined herein) against the Released Plaintiff Parties (as defined herein), subject to the approval of the Court of Chancery of the State of Delaware (the “Court”). All undefined terms below with initial capitalization shall have the meanings ascribed to them in paragraph 1 below.
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated December 6, 2017, is entered into by and among the following Parties in the Action: (i) Xxxxx Xxxxx (“Plaintiff”), on behalf of himself and all other members of the Class, and (ii) Defendants Galena Biopharma, Inc. (“Galena” or the “Company”), Xxxxxxx X. Xxxxxx, Xxxxxxx Xxxx, Xxxxxxx Xxxx, Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Xxxxxxxxx, Xxxx Xxx Xxxx, Xxxx X. Xxxxxxxx and Xxxxxxx X. Xxxxxxxxx (collectively, the “Defendants”). This Stipulation sets forth all of the terms of the settlement and resolution of this matter and is intended by Plaintiff and Defendants to fully and finally release, resolve, remise, compromise, settle and discharge the Released Plaintiff’s Claims against the Released Defendant Persons and the Released Defendants’ Claims against the Releasing Plaintiff Persons, subject to the approval of the Court of Chancery of the State of Delaware (the “Court”), without any admission or concession as to the merits of any claim or defense by the Parties. All terms herein with initial capitalization shall, unless defined elsewhere in this Stipulation, have the meanings ascribed to them in Paragraph 1 below.
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the "Stipulation" or "Settlement") is entered into between the plaintiffs in the above-captioned consolidated adversary proceedings (the "Bankruptcy Court Action") and civil action (the "District Court Action") (collectively, the "Actions") now pending in the United States Bankruptcy Court for the District of Massachusetts (the "Bankruptcy Court") and the United States District Court for the District of Massachusetts (the "District Court"), respectively, and Sears, Xxxxxxx and Co. ("Sears"), subject to the approval of the Bankruptcy Court and the District Court as provided for below:
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation” or “Settlement”) is entered into between the plaintiffs [plaintiff 1], [plaintiff 2] and [plaintiff 3] (the “Plaintiffs”) and the defendants in the above-captioned proceeding, Boston Edison Company (“Boston Edison”), Commonwealth Electric Company (“Commonwealth”), Cambridge Electric Light Company (“Cambridge”) and NSTAR Electric & Gas Corporation (“NSTAR Electric”), an affiliate that provides common administrative and professional services including, but not limited to, billing services to its affiliates. Collectively, the four defendants are referred to herein as the “NSTAR Entities” or the “Defendants”. The parties have agreed to this Settlement, and to the dismissal of claims against NSTAR, Inc.1 (including NSTAR, a Massachusetts business trust and the parent company of the NSTAR Entities), subject to this Court’s approval, as provided below.
