Common Contracts

AGREEMENT OF SETTLEMENT

June 16th, 2005

• Filed
  June 16th, 2005

This Agreement of Settlement (the “Agreement”), submitted pursuant to Rule 23 of the Federal Rules of Civil Procedure, is made and entered into by and among Lead Plaintiffs International Union of Operating Engineers, Local 132 Pension Plan (“Local 132”), Perkins Family Trust, and Thomas Savchik (“Lead Plaintiffs”) and Plaintiff Mary T. Williams (collectively referred to as “Representative Plaintiffs”) (on behalf of themselves and the Class and Sub-Class as hereinafter defined), on the one hand, and Defendants AFC Enterprises, Inc. (“hereinafter “AFC” or “Company”), Frank J. Belatti, Dick R. Holbrook, Samuel N. Frankel, Gerald J. Wilkins, John M. Roth, Peter R. Starrett, William M. Wardlaw, Matt L. Figel, Mark