Declaration of K. Rehns in Support of Plaintiffs' Motion for - Lehman ...

Case 1:09-md-02017-LAK Document 666-1 Filed 01/13/12 Page 13 of 74
agency, arbitration forum or other tribunal, except as necessary to enforce the terms of this Order
and/or the Settlement, including, but not limited to, the Judgment and the release of the Settled
Claims provided for in the Stipulation and the Judgment
26. Unless otherwise provided in the Stipulation, there shall be no distribution of any of
the Net Settlement Fund to any Class Member until a plan of allocation is finally approved and is
affirmed on appeal or certiorari or is no longer subject to review by appeal or certiorari and the
time for any petition for rehearing, appeal or review, whether by certiorari or otherwise, has
expired.
27. Upon the date for publishing the Summary Notice, pending final determination of
whether Settlement should be approved, the Lead Plaintiffs, all putative Class Members, and each
of them, and anyone who acts or purports to act on their behalf, shall not institute or commence
any action which asserts the Settled Claims against the Released Parties, unless such putative Class
Member requests exclusion from the Settlement Class in accordance with the Notice.
28. In the event that the Settlement fails to become effective in accordance with its
terms, or if the Judgment is not entered or is reversed, vacated or materially modified on appeal
(and, in the event of material modification, if any party elects to terminate the Settlement), this
Order (except Paragraphs 25 and 28) shall be null and void, the Stipulation shall be deemed
terminated, and the parties shall return to their positions without prejudice in any way, as provided
for in the Stipulation.
IT IS SO ORDERED.
DATED:
THE HONORABLE LEWIS A. KAPLAN
UNITED STATES DISTRICT COURT JUDGE