DISTRICT COURT, COUNTY OF DOUGLAS, COLORADO4000 Justice Way, Suite 2009 Castle Rock, CO 80109 IN RE ADVANCED EMISSIONS SOLUTIONS, INC. SHAREHOLDER DERIVATIVE LITIGATION This Document Relates to:ALL ACTIONS ▲ FOR COURT USE ONLY ▲ Civil Action No.:...Settlement Agreement • October 6th, 2016 • Advanced Emissions Solutions, Inc. • Miscellaneous chemical products
This Stipulation and Agreement of Settlement (the “Stipulation”), dated September 30, 2016, is made and entered into by and among the following Settling Parties (as defined herein), each by and through their respective counsel: (i) plaintiffs to the above- captioned consolidated shareholder derivative action (the “Consolidated Action”), Garth Dull (“Dull”) and William Brown (“Brown”) (collectively, the “Plaintiffs”), derivatively on behalf of Advanced Emissions Solutions, Inc.; (ii) nominal defendant ADES; and (iii) defendants Michael D. Durham, Mark H. McKinnies, C. Jean Bustard, Sharon M. Sjostrom, Christine B. Amrhein, W. Phillip Marcum, Alan Bradley Gabbard, Kim B. Clarke, Derek C. Johnson, Paul A. Lang, Jeffrey C. Smith, Richard J. Swanson, Robert E. Shanklin, Ronald B. Johnson and Robert N. Caruso, all of whom are current or former members of ADES’s Board of Directors (the “Board”) and/or senior officers of ADES (collectively the “Individual Defendants” and, together with ADES, “
