These excerpts taken from the ATVI 10-K filed May 30, 2008.
7. Conditions of Settlement, Effect of Disapproval, Cancellation or Termination
7.1 The Effective Date of the Stipulation shall be conditioned on the occurrence of all of the following events:
(a) the approval of the terms of the Settlement by the Activision Board;
(b) the Court has entered the Judgment;
(c) Activision has paid the Fee and Expense Award;
(d) the Judgment has become Final, provided, however, that any proceeding or order or portion thereof, or any appeal or petition for a writ, pertaining solely to the Fee and Expense Award, shall not delay or prevent the Effective Date from occurring;
(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 counsels 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
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.
7. Conditions of Settlement, Effect of Disapproval,