IN RE ACTIVE POWER, INC. SHAREHOLDER DERIVATIVE LITIGATION § IN THE DISTRICT OF§ § TRAVIS COUNTY, TEXAS § § 98th JUDICIAL DISTRICT § § STIPULATION AND AGREEMENT OF COMPROMISE, SETTLEMENT AND RELEASEStipulation and Agreement of Compromise, Settlement and Release • March 18th, 2015 • Active Power Inc • Electric services
This Stipulation of Settlement, dated January 29, 2015 (the “Stipulation”), is made and entered into by and among the following Settling Parties,1 by and through their respective counsel of record: (i) Petitioner Hiroshi Okumura (“Okumura” or “Petitioner”), the Court-appointed lead plaintiff in this consolidated derivative action (“Consolidated Action” or “Action”), individually and derivatively on behalf of nominal defendant Active Power, Inc. (“Active Power” or the “Company”); (ii) Ake Almgren, Stephen J. Clearman, James E. DeVenny, III, Robert Greenberg, Thomas Patrick Kelly, Jan H. Lindelow, Steven R. Fife, and Doug Milner (collectively, the “Individual Defendants”); and (iii) nominal defendant Active Power (collectively, with the Individual Defendants, “Defendants”). The Stipulation is intended by the Settling Parties to fully,
