Common Contracts

STIPULATION AND AGREEMENT OF SETTLEMENT WITH COMPANY AND INDIVIDUAL DEFENDANTS

January 6th, 2012

• Filed
  January 6th, 2012

This stipulation and agreement of settlement (the “Stipulation” or “Settlement”) is made and entered into by and between Lead Plaintiff Plymouth County Retirement System (“Lead Plaintiff”), on behalf of itself, Plaintiff Scott Mylroie, and the putative Settlement Class (defined below), and Carter’s, Inc. (“Carter’s” or the “Company”), Frederick J. Rowan, II (“Rowan”), Joseph Pacifico (“Pacifico”), Michael D. Casey (“Casey”), Andrew North (“North”), Charles E. Whetzel, Jr. (“Whetzel”), and Joseph M. Elles (“Elles”) (collectively, the “Settling Defendants”).