Common use of STIPULATION AND AGREEMENT OF SETTLEMENT Clause in Contracts

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between ODS Capital LLC (“Lead Plaintiff”), on behalf of itself and all other members of the Settlement Class (defined below), on the one hand, and defendants Xxxxxxxx.xxx Limited (“Changyou” or the “Company”), Xxxx.xxx Limited (“Sohu”), Xxxx.xxx (Game) Limited (“Sohu Game”), Xxxx Xxxx (“Xxxx”), and Xxxxxx Xx (“Lv”) (collectively, “Settling 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 Southern District of New York (the “Court”). This Stipulation is intended by Lead Plaintiff and Settling Defendants (collectively, the “Parties”) 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.

Appears in 2 contracts

Samples: Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement

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STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between ODS Capital LLC 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 PlaintiffPlaintiffs” or “Class Representatives”), on behalf of itself themselves and all other members of the Settlement Class (defined below), on the one hand, and defendants Xxxxxxxx.xxx Limited Alexion Pharmaceuticals, Inc. (“ChangyouAlexion” or the “Company”); Xxxxxxx Xxxx, Xxxx.xxx Limited (“Sohu”), Xxxx.xxx (Game) Limited (“Sohu Game”), Xxxx Xxxx (“Xxxx”)Xxxxx X. Xxxxxx, and Xxxxxx Xx (“Lv”) Xxxxx Xxxxx (collectively, the Settling Individual Defendants,” and together with Alexion, “Defendants”), on the other, by and through their counsel embodies the terms and conditions of record in the settlement of the above-captioned litigation action (the “Action”), pending in the United States District Court for the Southern District of New York Connecticut (the “Court”). This Stipulation is intended by Lead Plaintiff Class Representatives and Settling 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 as defined below), upon and subject to the terms and conditions hereof provided herein (the “Settlement”) and subject to approval by the Court’s approval.

Appears in 2 contracts

Samples: Stipulation and Agreement of Settlement, Settlement Agreement

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between ODS Capital LLC Lead Plaintiffs Xxxxxx Xxxxxxxxxxx, Xxxxxxx Xxxxxxxxx, Xxxxx Xxxx, Xxxxx Xxxx, Xxxxxxx Xxxxxxxxx, and Xxx Xxxxxxxxx (collectively, “Lead PlaintiffPlaintiffs”), on behalf of itself themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and defendants Xxxxxxxx.xxx Limited Mutual Fund Series Trust (“Changyou” or the “CompanyTrust”), Xxxx.xxx Limited Catalyst Capital Advisors, LLC (“SohuCatalyst”), Xxxx.xxx (Game) Limited Northern Lights Distributors LLC (“Sohu GameNLD”), Xxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxxx Xxxxx (“Xxxxx”), Xxxx Xxxx Xxxxxxx (“XxxxXxxxxxx”), and Xxxxxx Xx Xxxx Xxxxxxxx (“LvNaviloff”) (each a “Defendant” and collectively, “Settling 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 Southern Eastern District of New York (the “Court”). This Stipulation is intended by Lead Plaintiff and Settling Defendants the Parties (collectively, 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.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between ODS Lead Plaintiffs Granite Point Capital LLC Master Fund, LP, Granite Point Capital Panacea Global Healthcare, Granite Point Capital Scorpion Focused Ideas Fund (collectively, “Granite Point”) and Xxxxx Xxxxx (collectively, “Lead PlaintiffPlaintiffs”), on behalf of itself themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and defendants Xxxxxxxx.xxx Limited Prothena Corporation plc (“ChangyouProthena” or the “Company”), Xxxx.xxx Limited ) and Xx. Xxxx Xxxxxx (“Sohu”), Xxxx.xxx (Game) Limited (“Sohu GameXxxxxx”), Xxxx Xxxx X. Xxxxxx (“XxxxXxxxxx”), and Xxxxxx Xx Xx. Xxxxx Xxxxxxxx, M.D., Ph.D. (“LvNoonberg”) (collectively, the Settling Individual Defendants” and, with Prothena, 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 Southern District of New York (the “Court”). This Stipulation is intended by Lead Plaintiff and Settling Defendants the Parties (collectively, 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 both defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.

Appears in 2 contracts

Samples: Stipulation and Agreement of Settlement, Settlement Agreement

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