Activision Blizzard (ATVI)

(e)         the State Derivative Action has been dismissed with prejudice; and

(f)          Chardavoyne and Goldberg have made to Activision the reimbursements described in ¶ 3.2(a) above, which are to be paid within five (5) business days of the dismissal with prejudice of the State Derivative Action.

7.2        If any of the conditions specified in ¶7.1 are not met, then the Stipulation shall be canceled and terminated subject to ¶7.3, and the Settling Parties shall be restored to their respective positions in the Actions as of the last date on which a Settling Party has executed this Stipulation, unless Plaintiffs’ Counsel and Activision mutually agree in writing to proceed with the Stipulation.

7.3        If for any reason the Effective Date of the Stipulation does not occur, or if the Stipulation is in any way canceled or terminated or if any rulings in the Actions related to the Stipulation are successfully attacked collaterally, the payments to Plaintiffs’ Counsel pursuant to section 6 shall be returned to Activision within seven (7) calendar days of said event.  The return obligation set forth in this paragraph is the obligation of those plaintiffs’ counsel who have received a payment in the Actions.  Each such plaintiffs’ counsel’s law firm, as a condition of receiving such payment, agrees that the law firm and its partners and/or shareholders are subject to the jurisdiction of the Federal Court for the purposes of enforcing this subparagraph.  In the event that the Stipulation or Settlement is not approved by the Court or the Settlement is terminated for any reason, the Settling Parties shall be restored to their respective positions as of the date of the execution of this Stipulation, and all negotiations, proceedings, documents prepared and statements made in connection herewith shall be without prejudice to the Settling Parties, shall not be deemed or construed to be an admission by any Settling Party of any act, matter, or proposition and shall not be used in any manner for any purpose in any subsequent proceeding in the Actions or in any other action or proceeding.  In such event, the terms and provisions of the Stipulation, with the exception of ¶¶ IV.1.1-1.24, 7.1-7.3, 8.5-8.14, and 8.16-8.18 herein, shall have no further force and effect with respect to the Settling

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Parties and shall not be used in the Actions or in any other proceeding for any purpose, and any judgment or orders entered by the Court in accordance with the terms of the Stipulation shall be treated as vacated, nunc pro tunc.  No order of the Court or modification or reversal on appeal of any order of the Court concerning the amount of any attorneys’ fees, costs, expenses and interest awarded by the Court to Plaintiffs’ Counsel shall constitute grounds for cancellation or termination of the Stipulation.

(e)         the State Derivative Action has been dismissed with
prejudice; and

(f)          Chardavoyne and Goldberg have made to
Activision the reimbursements described in ¶ 3.2(a) above, which are
to be paid within five (5) business days of the dismissal with prejudice of
the State Derivative Action.

7.2        If any of the conditions specified in ¶7.1 are not
met, then the Stipulation shall be canceled and terminated subject to ¶7.3, and
the Settling Parties shall be restored to their respective positions in the
Actions as of the last date on which a Settling Party has executed this
Stipulation, unless Plaintiffs’ Counsel and Activision mutually agree in
writing to proceed with the Stipulation.

7.3        If for any reason the Effective Date of the
Stipulation does not occur, or if the Stipulation is in any way canceled or
terminated or if any rulings in the Actions related to the Stipulation are
successfully attacked collaterally, the payments to Plaintiffs’ Counsel
pursuant to section 6 shall be returned to Activision within seven (7) calendar
days of said event.  The return
obligation set forth in this paragraph is the obligation of those plaintiffs’
counsel who have received a payment in the Actions.  Each such plaintiffs’ counsel’s law firm, as
a condition of receiving such payment, agrees that the law firm and its
partners and/or shareholders are subject to the jurisdiction of the Federal
Court for the purposes of enforcing this subparagraph.  In the event that the Stipulation or
Settlement is not approved by the Court or the Settlement is terminated for any
reason, the Settling Parties shall be restored to their respective positions as
of the date of the execution of this Stipulation, and all negotiations,
proceedings, documents prepared and statements made in connection herewith shall
be without prejudice to the Settling Parties, shall not be deemed or construed
to be an admission by any Settling Party of any act, matter, or proposition and
shall not be used in any manner for any purpose in any subsequent proceeding in
the Actions or in any other action or proceeding.  In such event, the terms and provisions of
the Stipulation, with the exception of ¶¶ IV.1.1-1.24, 7.1-7.3, 8.5-8.14, and
8.16-8.18 herein, shall have no further force and effect with respect to the
Settling

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Parties and shall not be
used in the Actions or in any other proceeding for any purpose, and any
judgment or orders entered by the Court in accordance with the terms of the
Stipulation shall be treated as vacated, nunc
pro tunc.  No order of the
Court or modification or reversal on appeal of any order of the Court
concerning the amount of any attorneys’ fees, costs, expenses and interest
awarded by the Court to Plaintiffs’ Counsel shall constitute grounds for
cancellation or termination of the Stipulation.