STIPULATION AND AGREEMENT OF SETTLEMENT AND RELEASESettlement Agreement • October 10th, 2017 • Merrimack Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Stipulation and Agreement of Settlement and Release (the “Agreement”) is entered into this 6th day of October, 2017, by and between Wells Fargo Bank, National Association, solely in its capacity as indenture trustee (“Wells Fargo” or the “Trustee”), Wolverine Flagship Fund Trading Limited, 1992 MSF International Ltd (formerly known as Highbridge International LLC), and 1992 Tactical Credit Master Fund, L.P. (formerly known as Highbridge Tactical Credit & Convertibles Master Fund, L.P.) (the “Holder Plaintiffs”, and together with Wells Fargo, “Plaintiffs”); and Merrimack Pharmaceuticals, Inc. (“Merrimack” or the “Company”). Plaintiffs and Merrimack together shall be referred to as the “Parties” and individually as a “Party.”
