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Case 2:07-cv-02750-CAS-SH Document 196 Filed 11/12/2009 Page 8 of 9
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attorneys’ fees and expenses to counsel for the Lead Plaintiff or the expenses of Lead
Plaintiff unless otherwise ordered by the Court.
16. If this settlement, including any amendment made in accordance with the
Stipulation, is not approved by the Court or shall not become effective for any reason
whatsoever, the settlement (including any modification thereof made with the consent
of the Parties as provided for in the Stipulation) and any actions taken or to be taken in
connection therewith (including this Order, the certification of a settlement Class, and
any judgment entered herein), shall be terminated and shall become void and of no
further force and effect except as set forth in the Stipulation.
17. All funds held by the Escrow Agent shall be deemed and considered to be
in custodia legis of the Court, and shall remain subject to the jurisdiction of the Court,
until such time as such funds shall be distributed pursuant to the Stipulation and/or
further order(s) of the Court.
18. Neither Defendants and their Related Parties nor Defendants’ counsel
shall have any responsibility for any Plan of Allocation or any application for
attorneys’ fees or expenses submitted by Lead Counsel or Lead Plaintiff, and such
matters will be considered separately from the fairness, reasonableness, and adequacy
of the settlement.
19. All reasonable expenses incurred in identifying and notifying Class
Members, as well as administering the Settlement Fund, shall be paid as set forth in
the Stipulation. In the event the settlement is not approved by the Court, or otherwise
fails to become effective, neither Lead Plaintiff nor any of its counsel shall have any
obligation to repay any amounts incurred or properly disbursed from the Notice and
Administration Fund pursuant to 2.6 or 2.7 of the Stipulation.
20. Neither the Stipulation, nor any of its terms or provisions, nor any of the
negotiations or proceedings connected with it, shall be construed as an admission or
concession by Defendants of the truth of any of the allegations in the Litigation, or of
any liability, fault, or wrongdoing of any kind. The Released Persons may file the
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