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ATVI » Topics » a. determine whether the terms and conditions of the Settlement provided for in the Stipulation are fair, reasonable, adequate, and in the best interests of Activision and current Activision Stockholders;

These excerpts taken from the ATVI 10-K filed May 30, 2008.
a.       determine whether the terms and conditions of the Settlement provided for in the Stipulation are fair, reasonable, adequate, and in the best interests of Activision and current Activision Stockholders;

b.       consider an Order and Final Judgment dismissing the Federal Derivative Action with prejudice, with each party to bear its, his or her own costs (unless expressly stated otherwise in the Stipulation), and release and enjoin prosecution of any and all claims to be released pursuant to the Stipulation; and

c.       hear such other matters as the Court may deem necessary and appropriate.

3.       The Court approves, as to form and content, the Notices annexed as Exhibit B-1 and B-2 hereto, and finds that the distribution of the Notices substantially in the manner and form set forth in this Order meets the requirements of Federal Rule of Civil Procedure 23.1 and due process, is the best notice practicable under the circumstances, and shall constitute due and sufficient notice to all Persons entitled thereto of all matters relating to the Settlement.

4.       Not later than ten (10) days following entry of this Order, Activision shall cause the Summary Notice substantially in the form annexed as Exhibit B-2 hereto to be published on its website, such that visitors to the website home page will readily find a hyperlink to the Summary Notice, and those who choose to access the Summary Notice will find an additional hyperlink providing access to the Notice of Proposed Settlement substantially in the form annexed as Exhibit B-1 hereto.

5.       Not later than fifteen (15) days following entry of this Order, Activision shall cause a copy of the Notice of Proposed Settlement substantially in the form annexed as Exhibit B-1 hereto to be filed with the Securities and Exchange Commission.

 

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6.       Not later than fourteen (14) days following entry of this Order, Activision shall cause a copy of the Summary Notice substantially in the form annexed as Exhibit B-2 hereto to be published once in Investor’s Business Daily or a similar nationally-circulated business publication.

7.       All costs incurred in the filing and publication of the Notices shall be paid by Activision and Activision shall undertake all administrative responsibility for filing and publication of the Notices.

8.       At least seven (7) days prior to the Settlement Hearing, Activision’s Counsel shall serve on counsel for Plaintiffs and file with the Court proof, by affidavit or declaration, of such filing and publication of the Notices.

9.       All current Activision stockholders shall be bound by all orders, determinations and judgments in the Federal Action concerning the Settlement, whether favorable or unfavorable to current Activision shareholders.

10.     Pending final determination of whether the Settlement should be approved, no current Activision shareholder, either directly, representatively, or in any other capacity, shall commence or prosecute against any of the Released Persons, any action or proceeding in any court or tribunal asserting any of the Released Claims.

11.     All papers in support of the Settlement and the award of attorneys’ fees and expenses shall be filed with the Court and served at least seven (7) calendar days prior to the Settlement Hearing.

12.     Any current Activision stockholder may appear and show cause, if he, she or it has any, why the terms of the Settlement should not be approved as fair, reasonable and adequate, or why a Judgment should not be entered thereon, provided, however, unless otherwise ordered by the Court, no current Activision stockholder shall be heard or entitled to contest the approval of all or any of the terms and conditions of the Settlement, or, if approved, the Judgment to be entered thereon approving the same, unless that Person has, at least fourteen (14) days prior to the Settlement Hearing, filed with the Clerk of the Court and served on the following

 

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counsel (delivered by hand or sent by first class mail) appropriate proof of stock ownership, along with written objections, including the basis therefore, and copies of any papers and briefs in support thereof:

 

a.       determine whether the terms and conditions of the Settlement provided for in the Stipulation are fair, reasonable, adequate, and in the best interests of Activision and current Activision Stockholders;

b.       consider an Order and Final Judgment dismissing the Federal Derivative Action with prejudice, with each party to bear its, his or her own costs (unless expressly stated otherwise in the Stipulation), and release and enjoin prosecution of any and all claims to be released pursuant to the Stipulation; and

c.       hear such other matters as the Court may deem necessary and appropriate.

3.       The Court approves, as to form and content, the Notices annexed as Exhibit B-1 and B-2 hereto, and finds that the distribution of the Notices substantially in the manner and form set forth in this Order meets the requirements of Federal Rule of Civil Procedure 23.1 and due process, is the best notice practicable under the circumstances, and shall constitute due and sufficient notice to all Persons entitled thereto of all matters relating to the Settlement.

4.       Not later than ten (10) days following entry of this Order, Activision shall cause the Summary Notice substantially in the form annexed as Exhibit B-2 hereto to be published on its website, such that visitors to the website home page will readily find a hyperlink to the Summary Notice, and those who choose to access the Summary Notice will find an additional hyperlink providing access to the Notice of Proposed Settlement substantially in the form annexed as Exhibit B-1 hereto.

5.       Not later than fifteen (15) days following entry of this Order, Activision shall cause a copy of the Notice of Proposed Settlement substantially in the form annexed as Exhibit B-1 hereto to be filed with the Securities and Exchange Commission.

 

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6.       Not later than fourteen (14) days following entry of this Order, Activision shall cause a copy of the Summary Notice substantially in the form annexed as Exhibit B-2 hereto to be published once in Investor’s Business Daily or a similar nationally-circulated business publication.

7.       All costs incurred in the filing and publication of the Notices shall be paid by Activision and Activision shall undertake all administrative responsibility for filing and publication of the Notices.

8.       At least seven (7) days prior to the Settlement Hearing, Activision’s Counsel shall serve on counsel for Plaintiffs and file with the Court proof, by affidavit or declaration, of such filing and publication of the Notices.

9.       All current Activision stockholders shall be bound by all orders, determinations and judgments in the Federal Action concerning the Settlement, whether favorable or unfavorable to current Activision shareholders.

10.     Pending final determination of whether the Settlement should be approved, no current Activision shareholder, either directly, representatively, or in any other capacity, shall commence or prosecute against any of the Released Persons, any action or proceeding in any court or tribunal asserting any of the Released Claims.

11.     All papers in support of the Settlement and the award of attorneys’ fees and expenses shall be filed with the Court and served at least seven (7) calendar days prior to the Settlement Hearing.

12.     Any current Activision stockholder may appear and show cause, if he, she or it has any, why the terms of the Settlement should not be approved as fair, reasonable and adequate, or why a Judgment should not be entered thereon, provided, however, unless otherwise ordered by the Court, no current Activision stockholder shall be heard or entitled to contest the approval of all or any of the terms and conditions of the Settlement, or, if approved, the Judgment to be entered thereon approving the same, unless that Person has, at least fourteen (14) days prior to the Settlement Hearing, filed with the Clerk of the Court and served on the following

 

-3-


 

counsel (delivered by hand or sent by first class mail) appropriate proof of stock ownership, along with written objections, including the basis therefore, and copies of any papers and briefs in support thereof:

 

 

a.       determine whether the
terms and conditions of the Settlement provided for in the Stipulation are
fair, reasonable, adequate, and in the best interests of Activision and current
Activision Stockholders;

b.       consider an Order and
Final Judgment dismissing the Federal Derivative Action with prejudice, with
each party to bear its, his or her own costs (unless expressly stated otherwise
in the Stipulation), and release and enjoin prosecution of any and all claims
to be released pursuant to the Stipulation; and



c.       hear such other matters as the Court may
deem necessary and appropriate.



3.       The Court approves, as to form and
content, the Notices annexed as Exhibit B-1 and B-2 hereto, and finds that
the distribution of the Notices substantially in the manner and form set forth
in this Order meets the requirements of Federal Rule of Civil Procedure
23.1 and due process, is the best notice practicable under the circumstances,
and shall constitute due and sufficient notice to all Persons entitled thereto
of all matters relating to the Settlement.



4.       Not later than ten (10) days following entry of this
Order, Activision shall cause the Summary Notice substantially in the form
annexed as Exhibit B-2 hereto to be published on its website, such that
visitors to the website home page will readily find a hyperlink to the
Summary Notice, and those who choose to access the Summary Notice will find an
additional hyperlink providing access to the Notice of Proposed Settlement
substantially in the form annexed as Exhibit B-1 hereto.



5.       Not later than fifteen (15) days following entry of this
Order, Activision shall cause a copy of the Notice of Proposed Settlement
substantially in the form annexed as Exhibit B-1 hereto to be filed with
the Securities and Exchange Commission.



 



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6.       Not later than fourteen (14) days following entry of this
Order, Activision shall cause a copy of the Summary Notice substantially in the
form annexed as Exhibit B-2 hereto to be published once in Investor’s
Business Daily or a similar nationally-circulated business publication.



7.       All costs incurred in the filing and publication of the
Notices shall be paid by Activision and Activision shall undertake all
administrative responsibility for filing and publication of the Notices.



8.       At least seven (7) days
prior to the Settlement Hearing, Activision’s Counsel shall serve on counsel
for Plaintiffs and file with the Court proof, by affidavit or declaration, of
such filing and publication of the Notices.



9.       All current Activision
stockholders shall be bound by all orders, determinations and judgments in the
Federal Action concerning the Settlement, whether favorable or unfavorable to
current Activision shareholders.



10.     Pending
final determination of whether the Settlement should be approved, no current
Activision shareholder, either directly, representatively, or in any other
capacity, shall commence or prosecute against any of the Released Persons, any
action or proceeding in any court or tribunal asserting any of the Released
Claims.



11.     All papers
in support of the Settlement and the award of attorneys’ fees and expenses
shall be filed with the Court and served at least seven (7) calendar days
prior to the Settlement Hearing.



12.     Any current
Activision stockholder may appear and show cause, if he, she or it has any, why
the terms of the Settlement should not be approved as fair, reasonable and
adequate, or why a Judgment should not be entered thereon, provided, however,
unless otherwise ordered by the Court, no current Activision stockholder shall
be heard or entitled to contest the approval of all or any of the terms and
conditions of the Settlement, or, if approved, the Judgment to be entered
thereon approving the same, unless that Person has, at least fourteen (14) days
prior to the Settlement Hearing, filed with the Clerk of the Court and served
on the following



 



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counsel (delivered by hand or sent
by first class mail) appropriate proof of stock ownership, along with written
objections, including the basis therefore, and copies of any papers and briefs
in support thereof:



 



EXCERPTS ON THIS PAGE:

10-K (3 sections)
May 30, 2008

RELATED TOPICS for ATVI:

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