Common use of STIPULATION AND AGREEMENT OF SETTLEMENT Clause in Contracts

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” 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 JELDXXXX-WENXXX, 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 Settlement, dated as of February 28, 2017 (the “Stipulation” or “Settlement Agreement”) is made and entered into by and between Lead Plaintiffs Public Employees’ (a) Arkansas Teacher Retirement System of Mississippi (“MPERSArkansas Teachers”), Macomb County Employees Retirement System (“Macomb County”), and Laborers’ District Council and Contractors’ Pension Fund of Ohio (“Ohio Laborers”) and the Plumbers and Pipefitters National Pension Fund (“PPNPF,” and with MPERScollectively, “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. (b) defendant DFC Global Corp. (“JELD-WENDFC Global” or the “Company”); defendants Xxxxxxx X. Xxxxx, Xxxxx Xxxxxxxxx, Xxxxxxx X. Xxxxx, Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxx, Xxxx Xxxxx, Xxxxxx XxXxxxxxxx, and Xxxx X. Xxxx, X. Xxxxxx Xxxxxxx, Xxxx X. Xxxxxxxxx, Xxxx X. Xxxxxxx Xxxxxx (collectively, the “Individual Defendants” and and, together with JELD-WENDFC Global, the “Jeld-Wen DFC Global Defendants”), ; and Onex Corporation defendants Credit Suisse Securities (“Onex”USA) 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 Nomura Securities International, Inc. (togethercollectively, the “Onex Underwriter Defendants”” and, and collectively together with the Jeld-Wen DFC Global Defendants, the “Defendants”), on and embodies the other, by terms and through their counsel conditions of record in the settlement of the above-captioned litigation pending in the United States District Court for the Eastern District of Virginia action (the “Court”). This Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended by to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice the Parties 1 All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in ¶ 1 herein. Action and the Released Claims (defined below) to fully, finally, against Defendants 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 Releasees (each of these capitalized terms is defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.