Standard Contracts
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • December 21st, 2023
This Stipulation and Agreement of Settlement, dated as of December 22, 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Employees’ Retirement Fund of the City of Fort Worth d/b/a Fort Worth Employees’ Retirement Fund and The City of Miami General Employees’ & Sanitation Employees’ Retirement Trust (together, “Lead Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) Defendant James River Group Holdings, Ltd. (“James River” or the “Company”) and Defendants Robert P. Myron, J. Adam Abram, Frank N. D’Orazio, and Sarah C. Doran (collectively, the “Individual Defendants,” and together with James River, “Defendants,” and, together with Lead Plaintiffs, the “Parties”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle,
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORKStipulation and Agreement of Settlement • October 7th, 2022
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 5th, 2017
This stipulation and agreement of settlement (the “Stipulation”) is made and entered into by and between Arkansas Public Employees Retirement System (“APERS”) and the IBEW Local No. 58 / SMC NECA Funds (“IBEW Local No. 58”)1 (collectively, “Class Representatives” or “Lead Plaintiffs”), on behalf of themselves and all members of the certified Class (defined below) and KBR, Inc. (“KBR” or the “Company”) and William P. Utt, Susan K. Carter, Dennis S. Baldwin, and Brian K. Ferraioli (collectively, “Defendants” and together with Class Representatives, the “Parties”) and embodies the terms and provisions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the United States District Court for the Southern District of Texas (the “Court”) and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice all claims asserted in the Action.
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • August 26th, 2019
This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between Lead Plaintiffs Granite Point Capital Master Fund, LP, Granite Point Capital Panacea Global Healthcare, Granite Point Capital Scorpion Focused Ideas Fund (collectively, “Granite Point”) and Simon James (collectively, “Lead Plaintiffs”), on behalf of themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and Prothena Corporation plc (“Prothena” or the “Company”) and Dr. Gene Kinney (“Kinney”), Tran
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • July 21st, 2021 • New York
This Stipulation and Agreement of Settlement (together with all Exhibits thereto, the “Stipulation”), dated as of July 21, 2021, is entered into by and among (i) Lead Plaintiff Nicholas Skiadas (“Skiadas” or “Lead Plaintiff”), on behalf of himself and on behalf of the Settlement Class (as defined herein) and (ii) Acer Therapeutics Inc. (“Acer” or the “Company”), Chris Schelling, and Harry Palmin (collectively “Defendants”), by and through their undersigned attorneys, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, waive, discharge, and dismiss with prejudice the Action and the Released Claims (as defined herein) against Defendants and their Related Parties (as defined herein) and Defendants’ Released Claims (also defined below) against Lead Plai
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • October 31st, 2022
This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between (a) the Greater Pennsylvania Carpenters’ Pension Fund and the Arkansas Teacher Retirement System (collectively, the “Institutional Investor Group” or “Lead Plaintiffs”), on behalf of themselves and all other members of the Settlement Class (as defined below), on the one hand, and (b) Celadon Group, Inc. (“Celadon” or “the Company”), Bobby L. Peavler (“Peavler”) and Paul A. Will (“Will”) (collectively, “Defendants”), on the other.1
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • December 21st, 2023
This Stipulation and Agreement of Settlement, dated as of December 22, 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Employees’ Retirement Fund of the City of Fort Worth d/b/a Fort Worth Employees’ Retirement Fund and The City of Miami General Employees’ & Sanitation Employees’ Retirement Trust (together, “Lead Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) Defendant James River Group Holdings, Ltd. (“James River” or the “Company”) and Defendants Robert P. Myron, J. Adam Abram, Frank N. D’Orazio, and Sarah C. Doran (collectively, the “Individual Defendants,” and together with James River, “Defendants,” and, together with Lead Plaintiffs, the “Parties”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle,
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • May 15th, 2020 • New York
This stipulation and agreement of settlement (the “Stipulation”) is made and entered into through their respective undersigned counsel, by and between Lead Plaintiff the Public Employees’ Retirement System of Mississippi (“Lead Plaintiff” or “Mississippi PERS”), on behalf of itself and the Settlement Class (as defined below), and Dr. Reddy’s Laboratories Ltd. (“Dr. Reddy’s” or the “Company”), Dr. Reddy’s Laboratories, Inc.; Abhijit Mukherjee; G.V. Prasad; Saumen Chakraborty; and Satish Reddy (collectively, “Defendants,” and Lead Plaintiff and Defendants, collectively, the “Parties”). Subject to the terms and conditions set forth herein and the Court’s approval pursuant to Rule 23 of the Federal Rules of Civil Procedure, the settlement embodied in this Stipulation is intended by the Parties: (a) to be a full and final disposition of the above-captioned action (the “Action”) with respect to Defendants; and (b) to fully, finally and forever resolve, discharge, release, resolve, dismiss an
STIPULATION AND AGREEMENT OFStipulation and Agreement of Settlement • May 7th, 2020
This Stipulation and Agreement of Settlement dated as of May 8, 2020 (the “Stipulation”), is made and entered into by and among: (i) District No. 9, I.A. of M & A.W. Pension Trust (on behalf of itself and each of the Class Members), by and through its counsel of record in the Litigation (as defined herein); and (ii) Defendants Lexmark International, Inc. (“Lexmark” or the “Company”), and Paul A. Rooke, David Reeder, and Gary Stromquist (the “Individual Defendants,” and collectively, with Lexmark, the “Defendants”), by and through their counsel of record in the Litigation. The Stipulation is intended to fully, finally, and forever resolve, discharge, and settle the Released Claims (as defined herein), subject to the approval of the Court and the terms and conditions set forth in this Stipulation.
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 13th, 2020 • Indiana
This Stipulation and Agreement of Settlement, dated as of April 14, 2020 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Rajesh M. Shah and Matt Brierley (“Lead Plaintiffs”), and additional plaintiffs UFCW Local 1500 and Steven Castillo (together with Lead Plaintiffs, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Zimmer Biomet Holdings, Inc. (“ZBH” or the “Company”), defendants David C. Dvorak, Daniel P. Florin, Robert J. Marshall Jr., Tony W. Collins (collectively the “Officer Defendants”), and defendants Christopher B. Begley, Betsy J. Bernard, Paul M. Bisaro, Gail K. Boudreaux, Michael J. Farrell, Larry Glasscock, Robert A. Hagemann, Arthur J. Higgins, Michael W. Michelson, Cecil B. Pickett, Ph.D., Jeffrey K. Rhodes (together with the Officer Defendants, the “Individual Defendants,” and, together with ZBH and the Officer Defendants, the “Defendants”), and embodies the terms and conditions of the settlement of the a
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISIONStipulation and Agreement of Settlement • November 6th, 2019
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • March 29th, 2022
This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between ODS Capital LLC (“Lead Plaintiff”), on behalf of itself and all other members of the Settlement Class (defined below), on the one hand, and defendants Changyou.com Limited (“Changyou” or the “Company”), Sohu.com Limited (“Sohu”), Sohu.com (Game) Limited (“Sohu Game”), Xiao Chen (“Chen”), and Joanna Lv (“Lv”) (collectively, “Settling Defendants”), on the other, by and through their counsel of record in the above-captioned litigation pending in the United States District Court for the Southern District of New York (the “Court”). This Stipulation is intended by Lead Plaintiff and Settling Defendants (collectively, the “Parties”) to fully, finally, and forever resolve, discharge, and settle the Released Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these capitalized terms is defined below), upon an
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • May 12th, 2023
This Stipulation and Agreement of Settlement, dated as of May 8, 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Handelsbanken Fonder AB (“Handelsbanken”); Public Employees’ Retirement System of Mississippi (“Mississippi”); State of Rhode Island, Office of the General Treasurer (“Rhode Island”); and Louisiana Sheriffs’ Pension & Relief Fund (“Louisiana Sheriffs”) on behalf of themselves and the other members of the Settlement Class (as defined in paragraph 1(pp) below); and (b) defendants Wells Fargo & Company (“Wells Fargo” or the “Company”), Timothy J. Sloan, John R. Shrewsberry, C. Allen Parker, and Elizabeth “Betsy” Duke (collectively, the “Individual Defendants” and, with Wells Fargo, “Defendants”), by and through their respective undersigned counsel, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • March 5th, 2020 • Missouri
This Stipulation and Agreement of Settlement, dated as of March 5, 2020 (the “Stipulation”) is entered into between (a) Lead Plaintiff Louisiana Sheriffs’ Pension & Relief Fund (“Lead Plaintiff”), on behalf of itself and the Settlement Class (defined below); and (b) defendant Centene Corporation (“Centene” or the “Company”) and defendants Michael F. Neidorff and Jeffrey A. Schwaneke (the “Individual Defendants” and, with Centene, “Defendants”), by and through their counsel of record, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, discharge and dismiss with prejudice the Action and all Released Plaintiffs’ Claims (defined below).
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • May 10th, 2019 • Ebix Inc • Services-computer integrated systems design • Delaware
This Stipulation and Agreement of Settlement (“Stipulation”) is entered into this 23rd day of January, 2019, by and between: (i) plaintiffs Gilbert C. Spagnola (“Spagnola”), Desert States Employers & UFCW Union Pension Plan (“Desert States”) and Amalgamated Bank, as Trustee for LongView SmallCap 600 Index Fund and LongView Broadmarket 300 Index Fund (“Amalgamated” and collectively, “Plaintiffs”) on their own behalf and on behalf of the Class (defined below) and (ii) defendants Ebix, Inc. (“Ebix”), Robin Raina (“Raina”), Hans U. Benz (“Benz”), Pavan Bhalla (“Bhalla”), Neil D. Eckert (“Eckert”), Rolf Herter (“Herter”), Hans U. Keller (“Keller”), Joseph R. Wright, Jr. (“Wright”) and George W. Hebard III (“Hebard”) (collectively, “Defendants”) in the class and derivative action captioned In re Ebix Inc., Stockholder Litig., Consol. C.A. No. 8526-VCS (the “Action”), pending in the Court of Chancery of the State of Delaware (the “Court”), by their respective undersigned counsel.
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • February 7th, 2020 • New York
This Stipulation and Agreement of Settlement, dated as of February 5, 2020 (the “Stipulation”) is entered into between (a) the Alameda County Employees’ Retirement Association (“ACERA”) and the Orange County Employees’ Retirement System (“OCERS” and, together with ACERA, the “Lead Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendants Vale S.A. (“Vale”), and Murilo Pinto de Oliveira Ferreira, Luciano Siani Pires, and Gerd Peter Poppinga (collectively, the “Individual Defendants,” and, together with Vale, the “Defendants”), by and through their respective undersigned counsel, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, and dismiss with prejudice all claims asserted in the Action against Defendants.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIAStipulation and Agreement of Settlement • August 22nd, 2019
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • January 15th, 2021
This Stipulation and Agreement of Settlement, dated as of January 15, 2021 (the “Stipulation”), is entered into between (a) Lead Plaintiff The Regents of the University of California (“Lead Plaintiff”), on behalf of itself and the Class (defined below); and (b) defendants Willis Towers Watson plc (“WTW”), Towers Watson & Co. (“Towers”) (n/k/a WTW Delaware Holdings LLC), Willis Group Holdings plc (“Willis”) (n/k/a Willis Towers Watson plc), and ValueAct Capital Management, L.P. (“ValueAct”) (collectively, the “Corporate Defendants”), and John J. Haley (“Haley”), Dominic Casserley (“Casserley”), and Jeffrey Ubben (collectively, the “Individual Defendants,” together with the Corporate Defendants, “Defendants,” and, together with Lead Plaintiff, the “Parties,” and each a “Party”), by and through their counsel of record, and embodies the terms and conditions of the settlement of the above-captioned Action.1 Subject to the approval of the Court and the terms and conditions expressly provided
Independent Auditor’s Post Corrective Action Third Quarterly ReportStipulation and Agreement of Settlement • December 3rd, 2010
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • November 26th, 2019
This Stipulation and Agreement of Settlement, dated as of November 26, 2019 (the “Stipulation”) is entered into between (a) Alameda County Employees’ Retirement Association (“ACERA”), Arkansas Teacher Retirement System (“ATRS” and, together with ACERA, “Lead Plaintiffs”), and additional named plaintiff Miami Fire Fighters’ Relief and Pension Fund (“Miami” and, together with Lead Plaintiffs, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) Thomas S. Hall, Timothy L. Fielding, and Graham B. Cherrington (collectively, the “Executive Defendants”); entities operating under the trade name Sterling Partners, SC Partners III, L.P., SCP III AIV THREE-FCER Conduit, L.P., SCP III AIV THREE-FCER L.P., Sterling Capital Partners III, LLC, Sterling Capital Partners III, L.P., Sterling Fund Management LLC, Sterling Fund Management Holdings, L.P., and Sterling Fund Management Holdings GP, LLC (collectively, the “Sterling Defendants”); Richard Covert, Daniel Rosen
STIPULATION AND AGREEMENT OFStipulation and Agreement of Settlement • March 15th, 2005
The Plaintiffs1 (on behalf of themselves and the Settlement Class Members) on the one hand and the Defendants on the other hand, by and through their undersigned attorneys, hereby enter into the following Stipulation and Agreement of Settlement (the “Stipulation”), dated as of March 11 , 2005, and subject to the approval of the Court.
ContractStipulation and Agreement of Settlement • March 20th, 2018
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • September 17th, 2019
This Stipulation and Agreement of Settlement, dated as of August 6, 2019 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Robert Spock and Duck Pond Partners, LP, on behalf of themselves and the Settlement Class (defined below), and (b) defendant Rockwell Medical, Inc. (“Rockwell”) and defendants Robert L. Chioini and Thomas E. Klema (collectively, the “Individual Defendants”; and, together with Rockwell, the “Defendants”; and together with Lead Plaintiffs, the “Parties”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve, relinquish, waive and discharge each and every Released Plaintiffs’ Claim against the Defendants and the other Defendants’ Releasees.
Independent Auditor’s Post Corrective Action Fourth Quarterly ReportStipulation and Agreement of Settlement • March 8th, 2011
KENT WELLS,Stipulation and Agreement of Settlement • October 6th, 2017
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 14th, 2006 • Vaso Active Pharmaceuticals Inc • Pharmaceutical preparations
This Stipulation and Agreement of Settlement dated as of September 21, 2005 (the “Stipulation”) is made and entered into by and among Lead Plaintiffs, Edwin Choi, Richard Cheng and Joe Huback, on behalf of the Class (as hereinafter defined) (collectively referred to hereinafter as the “Plaintiffs”), and Defendants, Vaso Active Pharmaceuticals, Inc. (“Vaso” or the “Company”), John J. Masiz (“Masiz”), Stephen G. Carter (“Carter”), Joseph Frattaroli (“Frattaroli”), Bruce A. Shear, (“Shear”), Gary Fromm (“Fromm”), Brian J. Strasnick (“Strasnick”), William P. Adams (“Adams”), Robert E. Anderson (“Anderson”) and Kashner Davidson Securities Corp. (“Kashner”) (collectively hereinafter referred to as the “Defendants”), by and through their respective counsel.
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • November 26th, 2019 • Texas
This Stipulation and Agreement of Settlement, dated as of November 26, 2019 (the “Stipulation”) is entered into between (a) Alameda County Employees’ Retirement Association (“ACERA”), Arkansas Teacher Retirement System (“ATRS” and, together with ACERA, “Lead Plaintiffs”), and additional named plaintiff Miami Fire Fighters’ Relief and Pension Fund (“Miami” and, together with Lead Plaintiffs, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) Thomas S. Hall, Timothy L. Fielding, and Graham B. Cherrington (collectively, the “Executive Defendants”); entities operating under the trade name Sterling Partners, SC Partners III, L.P., SCP III AIV THREE-FCER Conduit, L.P., SCP III AIV THREE-FCER L.P., Sterling Capital Partners III, LLC, Sterling Capital Partners III, L.P., Sterling Fund Management LLC, Sterling Fund Management Holdings, L.P., and Sterling Fund Management Holdings GP, LLC (collectively, the “Sterling Defendants”); Richard Covert, Daniel Rosen
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 5th, 2023
This Stipulation and Agreement of Settlement (the “Stipulation”)1 is made and entered into by and among the following, each by and through his, her, or its respective counsel: (1) Jay Lee and Joan Goodman (collectively, the “Texas Federal Court Lead Plaintiffs”); (2) Alyson Bottoni, Omid Yousofi, Kasey King, Sindy Wei, Thomas French, Jr., Hakyung Kim, Elsie Schifano, Thomas Smith, April Atchison, Jonathan Woods, and Donna Hickok (collectively and together with Texas Federal Court Lead Plaintiffs, the “Plaintiffs”); (3) current and former officers of Fluor and members of the Board of Directors of Fluor (the “Board”): Alan Boeckmann, Peter J. Fluor, Rosemary T. Berkery, Alan M. Bennett, Armando J. Olivera, Matthew K. Rose, James T Hackett, David E. Constable, Thomas C. Leppert, David T. Seaton, Carlos M. Hernandez, Peter K. Barker, Deborah D. McWhinney, Nader H. Sultan, Joseph W. Prueher, Lynn C. Swann, Samuel J. Locklear III, Bruce A. Stanski, Matthew McSorley, Gary G. Smalley, D. Micha
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 13th, 2020
This Stipulation and Agreement of Settlement, dated as of April 14, 2020 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Rajesh M. Shah and Matt Brierley (“Lead Plaintiffs”), and additional plaintiffs UFCW Local 1500 and Steven Castillo (together with Lead Plaintiffs, “Plaintiffs”), on behalf of themselves and the Settlement Class (defined below); and (b) defendant Zimmer Biomet Holdings, Inc. (“ZBH” or the “Company”), defendants David C. Dvorak, Daniel P. Florin, Robert J. Marshall Jr., Tony W. Collins (collectively the “Officer Defendants”), and defendants Christopher B. Begley, Betsy J. Bernard, Paul M. Bisaro, Gail K. Boudreaux, Michael J. Farrell, Larry Glasscock, Robert A. Hagemann, Arthur J. Higgins, Michael W. Michelson, Cecil B. Pickett, Ph.D., Jeffrey K. Rhodes (together with the Officer Defendants, the “Individual Defendants,” and, together with ZBH and the Officer Defendants, the “Defendants”), and embodies the terms and conditions of the settlement of the a
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • March 8th, 2021
This Stipulation and Agreement of Settlement dated July 10, 2020 (the “Stipulation”), is made and entered into by and among the following Parties (as defined below), each by and through their respective counsel: (i) plaintiffs to the above-captioned consolidated shareholder derivative action, Mohammed Fotouhi (“Fotouhi”), Fred Weiss (“Weiss”), David Plaza de la Fuente (“de la Fuente”), and Jesus Ladron Sanchez, (“Sanchez” and collectively, “Plaintiffs”), derivatively on behalf of Impinj, Inc. (“Impinj” or the “Company”); (ii) nominal defendant Impinj; and (iii) current and former officers and/or member of Impinj’s Board of Directors (the “Board”), defendants Chris Diorio, Eric Brodersen, Evan Fein, Gregory Sessler, Tom A. Alberg, Clinton Bybee, Peter Van Oppen, and Theresa Wise (the “Individual Defendants” and with Impinj, the “Defendants”). This Stipulation, subject to the approval of the United States District Court for the District of Delaware (the “Court”), is intended by the Parti
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWAREStipulation and Agreement of Settlement • March 9th, 2017 • Delaware
SAN ANTONIO FIRE AND POLICE PENSION FUND, FIRE AND POLICE HEALTH CARE FUND, SAN ANTONIO, PROXIMA CAPITAL MASTER FUND LTD., and THE ARBITRAGE FUND,
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 25th, 2023
This Stipulation and Agreement of Settlement, dated as of April , 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Joseph Noto, Garden State Tire Corp., and Stephens Johnson (“Plaintiffs”), on behalf of themselves and the Settlement Class (defined below);1 and (b) defendant 22nd Century Group, Inc. (“22nd Century”), and defendants Henry Sicignano, III (“Sicignano”) and John Brodfuehrer (“Brodfuehrer” and, together with Sicignano, the “Individual Defendants,” and together with 22nd Century, “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants as set forth below.
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • July 15th, 2014
This Stipulation and Agreement of Settlement, dated as of July 14, 2014 (the “Stipulation”) is entered into between (a) plaintiffs the Pipefitters Local 636 Defined Benefit Fund, Oklahoma Firefighters Pension and Retirement System, Cleveland Bakers and Teamsters Pension and Health & Welfare Funds, and The City of Atlanta Firefighters’ Pension Fund (collectively, “Plaintiffs”), on behalf of themselves and the Class (defined below); and (b) defendants Safeway, Inc. (“Safeway” or the “Company”); Robert Edwards, T. Gary Rogers, Janet E. Grove, Mohan Gyani, Frank C. Herringer, George J. Morrow, Kenneth W. Oder, Arun Sarin, and William Y. Tauscher (collectively, the “Safeway Board” or the “Individual Defendants”); Cerberus Capital Management, L.P. (“Cerberus”), AB Acquisition LLC (“AB Acquisition”), Albertson’s Holdings LLC (“Albertson’s Holdings”), Albertson’s LLC (“Albertson’s”), and Saturn Acquisition Merger Sub, Inc. (“Merger Sub”) (collectively, the “Buyout Group”; together with Safeway
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Alexandria DivisionStipulation and Agreement of Settlement • May 15th, 2013
STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • March 31st, 2022 • SCWorx Corp. • Services-miscellaneous amusement & recreation • New York
This Stipulation and Agreement of Settlement dated February 11, 2022 (“Stipulation”) is entered into between Court-appointed Lead Plaintiff Vy Nguyen (“Lead Plaintiff”), on behalf of himself and the Settlement Class (as defined below in ¶ 1(uu)), and defendants SCWorx Corporation (“SCWorx” or the “Company”) and Marc S. Schessel (collectively, “Defendants” and together with Lead Plaintiff, the “Parties”), by and through their respective counsel, and embodies the terms and conditions of the settlement of the above-captioned action (“Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally and forever compromise, settle, release, resolve and dismiss with prejudice all claims asserted in the Action against Defendants.
