STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement, dated as of April 14, 2020 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Xxxxxx X. Xxxx and Xxxx Xxxxxxxx (“Lead Plaintiffs”), and additional plaintiffs UFCW Local 1500 and Xxxxxx Xxxxxxxx (together with Lead Plaintiffs, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Xxxxxx Biomet Holdings, Inc. (“ZBH” or the “Company”), defendants Xxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxx Xx., Xxxx X. Xxxxxxx (collectively the “Officer Defendants”), and defendants Xxxxxxxxxxx X. Xxxxxx, Xxxxx X. Xxxxxxx, Xxxx X. Xxxxxx, Xxxx X. Xxxxxxxxx, Xxxxxxx X. Xxxxxxx, Xxxxx Xxxxxxxxx, Xxxxxx X. Xxxxxxxx, Xxxxxx X. Xxxxxxx, Xxxxxxx X. Xxxxxxxxx, Xxxxx X. Xxxxxxx, Ph.D., Xxxxxxx X. Xxxxxx (together with the Officer Defendants, the “Individual Defendants,” and, together with ZBH and the Officer Defendants, the “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein. compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement, dated as of July 6, 2018 (the “Stipulation”) is entered into between (a) Lead Plaintiff Xxxxxxxxxxx Xxxxxxx (“Lead Plaintiff”) and Plaintiff Xxxxxxx Xxxxx (collectively, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Endurance International Group Holdings, Inc. (“Endurance” or the “Company”), and defendants Xxxx Xxxxxxxxxxxx and Xxxxxxx Xxxxxxxx (collectively, the “Individual Defendants” and, together with Endurance, the “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants. 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (together with all Exhibits thereto, the “Stipulation”), dated as of July 21, 2021, is entered into by and among (i) Lead Plaintiff Xxxxxxxx Xxxxxxx (“Xxxxxxx” or “Lead Plaintiff”), on behalf of himself and on behalf of the Settlement Class (as defined herein) and (ii) Acer Therapeutics Inc. (“Acer” or the “Company”), Xxxxx Xxxxxxxxx, and Xxxxx Xxxxxx (collectively “Defendants”), by and through their undersigned attorneys, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, waive, discharge, and dismiss with prejudice the Action and the Released Claims (as defined herein) against Defendants and their Related Parties (as defined herein) and Defendants’ Released Claims (also defined below) against Lead Plaintiff, Settlement Class Members, Lead Counsel, and their Related Parties. Throughout this Stipulation, all terms used with initial capitalization, but not immediately defined, shall have the meanings ascribed to them in Section 1 below.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between lead plaintiffs Erste Asset Management GmbH, f/k/a Erste-Sparinvest Kapitalanlagegesellschaft mbH (hereinafter, “Erste AM” or “Erste”) and Public Employee Retirement System of Idaho (“PERSI,” and together with Erste, “Lead Plaintiffs” or “Class Representatives”), on behalf of themselves and all other members of the Class (defined below), on the one hand, and defendants Alexion Pharmaceuticals, Inc. (“Alexion” or the “Company”); Xxxxxxx Xxxx, Xxxxx X. Xxxxxx, and Xxxxx Xxxxx (collectively, the “Individual Defendants,” and together with Alexion, “Defendants”), on the other, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”), pending in the United States District Court for the District of Connecticut (the “Court”). This Stipulation is intended by Class Representatives and Defendants (collectively, the “Parties”) to fully, finally, and forever resolve, discharge, and settle the Released Plaintiffs’ Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these terms as defined below), upon the terms and conditions provided herein (the “Settlement”) and subject to approval by the Court.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement, dated as of May 8, 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Handelsbanken Fonder AB (“Handelsbanken”); Public Employees’ Retirement System of Mississippi (“Mississippi”); State of Rhode Island, Office of the General Treasurer (“Rhode Island”); and Louisiana Sheriffs’ Pension & Relief Fund (“Louisiana Sheriffs”) on behalf of themselves and the other members of the Settlement Class (as defined in paragraph 1(pp) below); and (b) defendants Xxxxx Fargo & Company (“Xxxxx Fargo” or the “Company”), Xxxxxxx X. Xxxxx, Xxxx X. Xxxxxxxxxxx, X. Xxxxx Xxxxxx, and Xxxxxxxxx “Xxxxx” Xxxx (collectively, the “Individual Defendants” and, with Xxxxx Fargo, “Defendants”), by and through their respective undersigned counsel, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice all claims that were or could have been asserted in the Action against Defendants.
STIPULATION AND AGREEMENT OF SETTLEMENT. 1 It is hereby stipulated and agreed by and between the undersigned Parties, subject to the 2 approval of the Court, that the settlement of this Action shall be effectuated pursuant to the terms 3 and conditions set forth in this Settlement Agreement and/or Settlement.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation” or “Settlement Agreement”) is made and entered into by and between Lead Plaintiffs Public Employees’ Retirement System of Mississippi (“MPERS”) and the Plumbers and Pipefitters National Pension Fund (“PPNPF,” and with MPERS, “Lead Plaintiffs”), and additional plaintiff Wisconsin Laborers’ Pension Fund (collectively with Lead Plaintiffs, “Plaintiffs” or “Class Representatives”), on behalf of themselves and all other members of the certified Class (defined below), on the one hand, and defendants JELD-WEN Holding, Inc. (“JELD-WEN” or the “Company”), and Xxxx X. Xxxx, X. Xxxxxx Xxxxxxx, Xxxx X. Xxxxxxxxx, Xxxx X. Xxxxxx (collectively, the “Individual Defendants” and with JELD-WEN, the “Jeld-Wen Defendants”), and Onex Corporation (“Onex”) and its affiliated funds and entities, specifically Onex Partners Manager LP, Onex Partners III LP, Onex Partners III GP LP, Onex US Principals LP, Onex Partners III PV LP, Onex Partners III Select LP, Onex BP Co-Invest LP, Onex Advisor Subco III LLC, Onex American Holdings II LLC, OAH Wind LLC, BP EI LLC and BP XX XX LLC (together, the “Onex Defendants”, and collectively with the Jeld-Wen Defendants, the “Defendants”), on the other, by and through their counsel of record in the above-captioned litigation pending in the United States District Court for the Eastern District of Virginia (the “Court”). This Stipulation is intended by the Parties (defined below) to fully, finally, and forever resolve, discharge, and settle the Released Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these capitalized terms is defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between Lead Plaintiffs Altimeo Asset Management (“Altimeo”) and ODS Capital LLC (“ODS,” and, collectively with Altimeo “Co-Lead Plaintiffs”), on behalf of themselves and all other members of the Settlement Class (defined below), on the one hand, and JA Solar Holdings Co., Ltd. (“JA Solar” or the “Company”), and Xxxxxxx Xxx and Xxxxxxx Xxx (collectively, the “Individual Defendants” and, with JA Solar, “Defendants”), on the other, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). This Stipulation is intended by Co-Lead Plaintiffs and Defendants (collectively, the “Parties”) to fully, finally, and forever resolve, discharge, and settle the Released Plaintiffs’ Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these capitalized terms is defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement, dated as of December 22, 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Employees’ Retirement Fund of the City of Fort Worth d/b/a Fort Worth Employees’ Retirement Fund and The City of Miami General Employees’ & Sanitation Employees’ Retirement Trust (together, “Lead Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) Defendant Xxxxx River Group Holdings, Ltd. (“Xxxxx River” or the “Company”) and Defendants Xxxxxx X. Xxxxx, X. Xxxx Xxxxx, Xxxxx X. X’Xxxxxx, and Xxxxx X. Xxxxx (collectively, the “Individual Defendants,” and together with Xxxxx Xxxxx, “Defendants,” and, together with Lead Plaintiffs, the “Parties”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all Released Plaintiffs’ Claims as against Defendants and Defendants’ Releasees. 1 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein.
STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement, dated as of January 13, 2023 (the “Stipulation”) is entered into between (a) lead plaintiff Public Employees’ Retirement System of Mississippi (“Lead Plaintiff”), on behalf of itself and the Class (as defined below); and (b) defendants Mohawk Industries, Inc. (“Mohawk” or the “Company”) and Xxxxxxx X. Xxxxxxxxxx (together with Mohawk, “Defendants,” and with Lead Plaintiff, the “Parties”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein. the United States District Court for the Northern District of Georgia (the “Court”) and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all Released Plaintiff’s Claims (defined below) against Defendants.
