Common Contracts

STIPULATION AND AGREEMENT OF SETTLEMENT

Settlement Agreement • March 3rd, 2022 • New York

• Contract Type
  Settlement Agreement
• Filed
  March 3rd, 2022
• Jurisdiction
  New York

This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between Walleye Trading LLC and Walleye Opportunities Master Fund Ltd. (“Co-Lead Plaintiffs”), on behalf of themselves and all other members of the Settlement Class (defined below), on the one hand, and Mindbody, Inc. (“Mindbody” or the “Company”), Richard L. Stollmeyer, Brett White, and Eric Liaw (collectively, the “Individual Defendants” and, with Mindbody, “Defendants”), on the other, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). This Stipulation is intended by Co-Lead Plaintiffs and Defendants (collectively, the “Parties”) to fully, finally, and forever resolve, discharge, and settle the Released Plaintiff’s 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 her