SETTLEMENT AGREEMENTSettlement Agreement • June 14th, 2004 • Intercept Inc • Functions related to depository banking, nec • Georgia
This Settlement Agreement (the “Agreement”) is entered into this 11th day of June, 2004 by and between InterCept, Inc. (the “Company” or “InterCept”), on the one hand, and JANA Partners, LLC and JANA Master Fund, Ltd. (collectively, “JANA”), on the other hand, with respect to the litigation between InterCept and JANA, among others, in the U.S. District Court for the Northern District of Georgia, Atlanta Division (the “Court”) (Civil Action No. 1:04-CV-1058-JOF) (the “Litigation”), and with respect to conduct of and the solicitation of proxies for the 2004 Annual Shareholders Meeting of InterCept (“2004 Annual Meeting”).
