Common use of STIPULATION OF DISMISSAL WITH PREJUDICE Clause in Contracts

STIPULATION OF DISMISSAL WITH PREJUDICE. (Rule 41(a)(1)(ii)) ------------------- This action was previously dismissed as to Standard Bank & Trust Company by way of Stipulation of Voluntary Dismissal dated June 16, 1995. With the exception of Standard Bank & Trust Company, all parties who have appeared in this action and P. Kathleen Moore, by and through their undersigned counsel, do hereby xxxxxxxxx xxx agree that this action, including all claims, cross- claims and counterclaims asserted in this action, shall be, and the same hereby is, DISMISSED WITH PREJUDICE. The parties further stipulate and agree that the preliminary injunction previously entered in this action on January 31, 1995 may be dissolved. Each party shall bear his, her or its own costs. This the ____ day of December, 1995. ----------------------------- James P. McLoughlin, Jr. Counsel xxx Xxxxxxxxxx Xxxxxxxxes, Incorporated OF COUNSEL: MOORE & VAN ALLEN 47th Floor 100 North Tryon Street Charlotte, NX 00002-0000 Xxxephone: 704/330-0000 ----------------------------- Thomas M. Van Camp Counsel for Crxxxxxx X. Xxxxxx, Timothy E. Gaxxxx, X. X. Xxxxxx Bxxxxxxx Xxxxxxx, Gaxxxx Xxxxxxxg Company, and Peggy Garner OF COUNSEL: VAN CAMP WEST HAYES & MEACHUM, P.A. Xxxx Xxxxxx Drawer 429 Carthage, NC 28327 Xxxxphonx: 000/947-1711 ----------------------------- John B. Evans Counsel for the Esxxxx xx Xxxx William Gore (by and througx xxx xxxxxxxx xxxresentative, Kathy Wood Gore) OF COUNSEL: XXXXX & RIFFLE Law Offices Post Office Box 0009 Pinehurst, NC 28000 Telxxxxxx: 910/000-0000 ----------------------------- David A. Senter Counsel for Firsx Xxxx, Xxxxxx F. Davenport, and Shirley X. Xxxxxxx XX XXXXXXX: XXXXX XXXXXXXXX XXXXX XXXXAH & FXXXX X Xxxxxxxxxxal Limited Liabilxxx Xoxxxxx Xxxtx Xxxxxxxx Xrusx Xxxter 301 N. Elm Street - Suite 500 Post Office Box 3463 Greensboro, NC 00000 (000) 000-0600

STIPULATION OF DISMISSAL WITH PREJUDICE. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff and Counterclaim Defendant Care Investment Trust, Inc. (Rule 41(a)(1)(ii“Care”), Third Party Defendants CIT Healthcare LLC, Flint X. Xxxxxxxx, ERC Sub, L.P. and ERC Sub LLC (collectively with Care, the “Care Parties”), and Defendants and Counterclaim Plaintiffs, Xxxx-Xxxxxx Xxxxx, Cambridge Onalp Inc., Cambridge Nassau Bay GP LLC, 6000 Greenville Inc., Xxxxx MOB Inc., 0000 Xxxxxxx Xxxxx Inc., Cambridge Xxxxxxx MOB Inc., Cambridge Tarrant Inc., CHMP Manager LLC, Cambridge B/R Inc., Cambridge-Greenville Dallas LLC, PMC Cambridge of Plano Ltd., Cambridge Crown Atrium LLC and Cambridge North Texas Holdings LLC (collectively, the “Cambridge Parties”), state that the Care Parties and the Cambridge Parties (collectively, the “Parties”) ------------------- This action was previously dismissed as have settled and resolved all disputes between them relating to Standard Bank & Trust Company by way of Stipulation of Voluntary Dismissal dated June 16, 1995. With the exception of Standard Bank & Trust Company, all parties who claims that were asserted or could have appeared been asserted against each other in this action and P. Kathleen Moore, by and through their undersigned counsel, do hereby xxxxxxxxx xxx agree that action. The Parties desire to dismiss this action, including with prejudice, and hereby stipulate to the dismissal with prejudice, of all claims, cross- claims and counterclaims asserted in this actioncross-claims, shall becounterclaims, and the same hereby is, DISMISSED WITH PREJUDICEthird-party claims herein. The parties further stipulate and agree Parties respectfully request that the preliminary injunction previously entered in Court grant this action on January 31Stipulation and enter the proposed Agreed Order of Dismissal, 1995 may be dissolvedWith Prejudice, submitted concurrently herewith. Each party shall bear hisRespectfully submitted, her or its own costs. This the ____ day of December, 1995. ----------------------------- James P. McLoughlin, Jr. Counsel xxx Xxxxxxxxxx Xxxxxxxxes, Incorporated OF COUNSELBy: MOORE & VAN ALLEN 47th Floor 100 North Tryon Street Charlotte, NX 00002-0000 XxxephoneBy: 704/330-0000 ----------------------------- Thomas M. Van Camp Counsel for Crxxxxxx Xxxxxx X. Xxxxxx, Timothy E. GaxxxxXx. Xxxxxx X. Xxxxx Texas Bar No. 06983000 Texas Bar No. 04506600 E-mail: xxxxxx.xxxxxx@xxxxxx.xxx Email: xxxxxx@xx.xxx FIGARI & XXXXXXXXX, LLP Xxxxxxx X. X. Xxxxxx Bxxxxxxx XxxxxxxXxxxxxxx 0000 Xxxx xx Xxxxxxx Xxxxx Xxxxx Bar No. 24007151 000 Xxxx Xxxxxx, Gaxxxx Xxxxxxxg CompanyXxxxx 0000 Email: xxxxxxxxx@xx.xxx Xxxxxx, and Peggy Garner OF COUNSEL: VAN CAMP WEST HAYES & MEACHUM, P.A. Xxxx Xxxxxx Drawer 429 Carthage, NC 28327 Xxxxphonx: 000/947-1711 ----------------------------- John B. Evans Counsel for the Esxxxx xx Xxxx William Gore (by and througx xxx xxxxxxxx xxxresentative, Kathy Wood Gore) OF COUNSEL: XXXXX & RIFFLE Law Offices Post Office Box 0009 Pinehurst, NC 28000 Telxxxxxx: 910/000Xxxxx 00000-0000 ----------------------------- David A. Senter Counsel for Firsx Xxxx, Xxxxxx F. Davenport, and Shirley X. Xxxxxxx XX XXXXXXXXXXXXXX XXXXXX L.L.P. Telephone: XXXXX XXXXXXXXX XXXXX XXXXAH & FXXXX X Xxxxxxxxxxal Limited Liabilxxx Xoxxxxx Xxxtx Xxxxxxxx Xrusx Xxxter 301 N. Elm Street - Suite 500 Post Office Box 3463 Greensboro, NC 00000 (000) 000-06000000 000 Xxxx Xxxxxx, Xxxxx 0000 Facsimile: (000) 000-0000 Xxxxxx, Xxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 By: By: Xxxxx X. Xxxxxxxxxx (pro hac vice) Xxxxxxx X. Xxxxx (pro hac vice) E-mail: xxxxxxxxxxx@xxx.xxx E-mail: xxxxxx@xxxxxxxxx.xxx Xxxxx X. Xxxxxx (pro hac vice) Xxxxx X. Xxxxxxx (pro hac vice) E-mail: xxxxxxx@xxx.xxx E-mail: xxxxxxxx@xxxxxxxxx.xxx XxXXXXXXX WILL & XXXXX LLP XXXX, WEISS, RIFKIND, 000 Xxxxxxxxxx Xxxxxx, X.X. XXXXXXX & XXXXXXXX LLP Washington, D.C. 20005-3096 1285 Avenue of the Americas Telephone: (000) 000-0000 Xxx Xxxx, Xxx Xxxx 00000-0000 Facsimile: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000

STIPULATION OF DISMISSAL WITH PREJUDICE. (Pursuant to Rule 41(a)(1)(ii)) ------------------- This action was previously dismissed as of the Federal Rules of Civil Procedure, the Plaintiff, Auctus Fund, LLC (hereinafter the “Plaintiff”) and the Defendant, Textmunication Holdings, Inc. (hereinafter the “Defendant,” and, with the Plaintiff, the “Parties” and each a “Party”) hereby stipulate and agree to Standard Bank & Trust Company by way the dismissal of Stipulation of Voluntary Dismissal dated June 16, 1995. With the exception of Standard Bank & Trust Company, all parties who have appeared in this action and P. Kathleen Moore, by and through their undersigned counsel, do hereby xxxxxxxxx xxx agree that this action, including all claims, cross- claims counterclaims, crossclaims or otherwise, that were brought, or could have been brought, against any Party in the above-captioned action. All rights of appeal are hereby waived and counterclaims asserted in this action, shall be, and the same hereby is, DISMISSED WITH PREJUDICE. The parties further stipulate and agree that the preliminary injunction previously entered in this action on January 31, 1995 may be dissolved. Each party each Party shall bear his, her or its own costscosts and attorneys’ fees. This the ____ day of DecemberRespectfully submitted, 1995Respectfully submitted, PLAINTIFF, Auctus Fund, LLC, DEFENDANT, Textmunication Holdings, Inc., By its Attorneys, By its Attorneys, Pxxxxx X. Xxxxxxxx, Esq. ----------------------------- James P. McLoughlin(BBO #193530) Axxxx Xxxxxxxx, Jr. Counsel xxx Xxxxxxxxxx XxxxxxxxesEsq. (BBO # 672286) Gxxxxxxx & Company, Incorporated OF COUNSEL: MOORE P.C. HXXXXXXX LAW, P.C. RXXX & VAN ALLEN 47th Floor 100 North Tryon Street CharlotteGXXXXXXX, NX 00002P.A. 6 Xxxxx Xxxxxx, Xxxxx 000 40 Xxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxxxxxx, Xxxxxxxxxxxxx 00000 Bxxxxx, Xxxxxxxxxxxxx 00000-0000 XxxephoneTelephone: 704/330-0000 ----------------------------- Thomas M. Van Camp Counsel for Crxxxxxx X. Xxxxxx, Timothy E. Gaxxxx, X. X. Xxxxxx Bxxxxxxx Xxxxxxx, Gaxxxx Xxxxxxxg Company, and Peggy Garner OF COUNSEL: VAN CAMP WEST HAYES & MEACHUM, P.A. Xxxx Xxxxxx Drawer 429 Carthage, NC 28327 Xxxxphonx: 000/947-1711 ----------------------------- John B. Evans Counsel for the Esxxxx xx Xxxx William Gore (by and througx xxx xxxxxxxx xxxresentative, Kathy Wood Gore) OF COUNSEL: XXXXX & RIFFLE Law Offices Post Office Box 0009 Pinehurst, NC 28000 Telxxxxxx: 910/000-0000 ----------------------------- David A. Senter Counsel for Firsx Xxxx, Xxxxxx F. Davenport, and Shirley X. Xxxxxxx XX XXXXXXX: XXXXX XXXXXXXXX XXXXX XXXXAH & FXXXX X Xxxxxxxxxxal Limited Liabilxxx Xoxxxxx Xxxtx Xxxxxxxx Xrusx Xxxter 301 N. Elm Street - Suite 500 Post Office Box 3463 Greensboro, NC 00000 (000) 000-06000000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Email: axx@xxxxxxxxxxxxxxxx.xxx Email: pxxxxxxxx@xxxxxxxxxxxx.xxx Dated: June ___, 2017 I, Pxxxxx X. Xxxxxxxx, do hereby certify that on the day of June ___, 2017, I caused to be served a true and correct copy of the Stipulation of Dismissal with Prejudice, as filed by and through the District Court’s electronic filing/ECF system and that such true copy is available for downloading and viewing by all counsel of record. Dated: June___, 2017 /s/ Pxxxxx X. Xxxxxxxx Pxxxxx X. Xxxxxxxx Plaintiff, : v. : Defendant. :

STIPULATION OF DISMISSAL WITH PREJUDICE. (Pursuant to Chancery Court Rule 41(a)(1)(ii41(a)) ------------------- This action was previously dismissed as to Standard Bank & Trust Company by way of Stipulation of Voluntary Dismissal dated June 16, 1995. With the exception of Standard Bank & Trust Company, all parties who have appeared in this action and P. Kathleen Mooreparties, by and through their undersigned counsel, do hereby xxxxxxxxx xxx agree that this action, including all claims, cross- claims and counterclaims asserted in this action, shall be, and the same hereby is, DISMISSED WITH PREJUDICE. The parties further stipulate and agree that the preliminary injunction previously entered in this action on January 31, 1995 may shall be dissolvedand hereby is dismissed with prejudice. Each party shall bear his, her or its own costs. This the Dated: __________ day of December__, 1995201_ PINCKNEY, WEIDINGER, URBAN & JXXXX LLC CROSS & SIMON, LLC Mxxxxxx X. Xxxxxxxxx (No. ----------------------------- James P. McLoughlin3330) Cxxxxxxxxxx X. Xxxxx (No. 3697) Pxxxxxxx X. Xxxxx (No. 4011) Jxxxxx Xxxx (No. 2358) 3000 Xxxxxxx Xxxx, Jr. Counsel xxx Xxxxxxxxxx Xxxxxxxxes, Incorporated OF COUNSEL: MOORE & VAN ALLEN 47th Floor 100 North Tryon Street Charlotte, NX 00002-0000 Xxxephone: 704/330-0000 ----------------------------- Thomas M. Van Camp Counsel for Crxxxxxx X. Xxxxxx, Timothy E. Gaxxxx, X. Suite 210 1000 X. Xxxxxx Bxxxxxxx XxxxxxxXx., Gaxxxx Xxxxxxxg CompanyXxxxx 000 Xxxxxxxxxx, and Peggy Garner OF COUNSEL: VAN CAMP WEST HAYES & MEACHUMXX 00000 Wxxxxxxxxx, P.A. Xxxx Xxxxxx Drawer 429 Carthage, NC 28327 Xxxxphonx: 000/947-1711 ----------------------------- John B. Evans Counsel for the Esxxxx xx Xxxx William Gore (by and througx xxx xxxxxxxx xxxresentative, Kathy Wood Gore) OF COUNSEL: XXXXX & RIFFLE Law Offices Post Office Box 0009 Pinehurst, NC 28000 Telxxxxxx: 910/000-0000 ----------------------------- David A. Senter Counsel for Firsx Xxxx, Xxxxxx F. Davenport, and Shirley X. Xxxxxxx XX XXXXXXX: XXXXX XXXXXXXXX XXXXX XXXXAH & FXXXX X Xxxxxxxxxxal Limited Liabilxxx Xoxxxxx Xxxtx Xxxxxxxx Xrusx Xxxter 301 N. Elm Street - Suite 500 Post Office Box 3463 Greensboro, NC 00000 (000) 000-06000000 (000) 000-0000 Zhanming Wu (“Wu”), One Horizon Group, Inc., a Delaware corporation (the “Company”), Mxxx Xxxxx, Mxxxxx Xxxx, Rxxxxxx Xxx, Nxxxxxxx Xxxxxxxxxx and Rxxxxx Xxx have entered into a Settlement Agreement dated as of October 15, 2018 (the “Settlement Agreement”), pursuant to which, among other things, the parties agreed (i) to dismiss without prejudice, upon the re-election of Wu’s Designated Directors, as defined in the Settlement Agreement, an action commenced by Wu pursuant to Section 225 of the Delaware General Corporation Law in the Delaware Chancery Court against Messrs. White, Ward, Vos, Cxxxxxxxxx and Law, the directors and officers of the Company (collectively, the “Director Defendants”) and the Company as nominal defendant, captioned “Zhanming Wu, Plaintiff, v. Mxxx Xxxxx, Mxxxxx Xxxx, Rxxxxxx Xxx, Nxxxxxxx Carpiello and Rxxxxx Xxx, Defendants, and One Horizon Group Inc., Nominal Defendant”, C. A. 2018-0427 JRS, and (ii) subject to certain events, to dismiss with prejudice an injunction action in the Delaware Chancery Court captioned “Zhanming Wu, Plaintiff, v. Mxxx Xxxxx, Mxxxxx Xxxx, Rxxxxxx Xxx, Nxxxxxxx Xxxxxxxxxx and Rxxxxx Xxx, Defendants, and One Horizon Group Inc., Nominal Defendant”, C. A. 2018-0387 JRS. BE IT KNOWN, that the Company and the Director Defendants, for themselves and on behalf of their affiliates, officers, directors, agents and employees (collectively, the "Releasors"), for and in consideration of the sum of One Dollar ($1.00) Dollar, and other valuable consideration received from or on behalf of Wu, the receipt of which is hereby acknowledged, does hereby remise, release, acquit, satisfy, and forever discharge Wu, as well as his heirs, estates, legal representatives, successors and assigns (the “Releasee”), of and from all manner of actions, causes of action, suits, debts, covenants, contracts, controversies, agreements, promises, claims and demands, judgments, suits, matters and issues, whatsoever, known or unknown, whether individual, class, derivative, representative, legal, equitable, or any other type, or in any other capacity, and as against the Releasee, as well as his heirs, estates, legal representatives, successors and assigns, in respect of all matters related to the Company arising on or prior to the date the Action denominated C. A. 2018-0387 JRS is deemed to have been dismissed with prejudice (collectively, the “Released Claims”); provided, however, that nothing contained herein shall be deemed to constitute a release, waiver, or discharge of Wu’s obligations under the Settlement Agreement or any documents entered into pursuant to the Settlement Agreement, which Settlement Agreement and documents shall survive, and remain in full force and effect. This release shall only become effective if and at such time as the Action denominated C. A. 2018-0387 JRS is deemed to have been dismissed with prejudice.