STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENTStipulation and Agreement • October 5th, 2011
Contract Type FiledOctober 5th, 2011This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated October 5, 2011, which is entered into by and among (i) Plaintiff NECA-IBEW Pension Fund (The Decatur Plan) (“Lead Plaintiff”), on its own behalf and on behalf of the Settlement Class (as defined herein); (ii) Kohlberg Kravis Roberts & Co. L.P. (“KKR”), Vestar Capital Partners (“Vestar”), Centerview Capital, L.P. (named in the Action (as defined below) as Centerview Partners, “Centerview”), Blue Acquisition Group, Inc., and Blue Merger Sub Inc. (collectively, the “Sponsors”); (iii) Barclays Capital Inc. (“Barclays”); (iv) Richard G. Wolford, Samuel H. Armacost, Timothy G. Bruer, Mary R. Henderson, Victor L. Lund, Terence D. Martin, Sharon L. McCollam, Joe L. Morgan, and David R. Williams (the “Director Defendants”); and (v) Del Monte Corporation, as successor-in-interest to Del Monte Foods Company (together, the “Del Monte Companies” and collectively, with the Sponsors, Barclays, and the Director Def