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 Lead Plaintiffs Granite Point Capital Master Fund, LP, Granite Point Capital Panacea Global Healthcare, Granite Point Capital Scorpion Focused Ideas Fund (collectively, “Granite Point”) and Xxxxx Xxxxx (collectively, “Lead Plaintiffs”), on behalf of themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and Prothena Corporation plc (“Prothena” or the “Company”) and Xx. Xxxx Xxxxxx (“Xxxxxx”), Xxxx X. Xxxxxx (“Xxxxxx”), and Xx. Xxxxx Xxxxxxxx, M.D., Ph.D. (“Noonberg”) (collectively, the “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 the Parties (defined below) to fully, finally, and forever resolve, discharge, and settle the Released Claims and Released Defendants’ Claims (both 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 Granite Point Capital Master FundXxxxxx Xxxxxxxxxxx, LPXxxxxxx Xxxxxxxxx, Granite Point Capital Panacea Global HealthcareXxxxx Xxxx, Granite Point Capital Scorpion Focused Ideas Fund (collectivelyXxxxx Xxxx, “Granite Point”) Xxxxxxx Xxxxxxxxx, and Xxxxx Xxxxx Xxx Xxxxxxxxx (collectively, “Lead Plaintiffs”), on behalf of themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and Prothena Corporation plc defendants Mutual Fund Series Trust (the “Trust”), Catalyst Capital Advisors, LLC (“Prothena” or the “CompanyCatalyst”) and Xx. Xxxx Xxxxxx ), Northern Lights Distributors LLC (“XxxxxxNLD”), Xxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxxx Xxxxx (“Xxxxx”), Xxxx X. Xxxxxx Xxxxxxx (“XxxxxxXxxxxxx”), and Xx. Xxxxx Xxxxxxxx, M.D., Ph.D. Xxxx Xxxxxxxx (“NoonbergNaviloff”) (each a “Defendant” and collectively, the “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 Eastern District of New York (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 (both each of these capitalized terms is defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.