ATVI » Topics » 5. Releases and Bar

These excerpts taken from the ATVI 10-K filed May 30, 2008.

5.           Releases and Bar

5.1        Upon the Effective Date, as defined in ¶1.4, Activision, Bryan Cave, Plaintiffs (acting on their own behalf and derivatively on behalf of Activision), and each of Activision’s stockholders (solely in their capacity as Activision stockholders) shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished and discharged the Released Claims against the Released Persons and any and all claims (including Unknown Claims) arising out of, relating to, or in connection with the defense, settlement or resolution of the Actions against the Released Persons.  Nothing herein shall in any way impair or restrict the rights of any Settling Party to enforce the terms of the Stipulation.

 

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5.2        Upon the Effective Date, as defined in ¶1.4, Activision, Bryan Cave, Plaintiffs (acting on their own behalf and derivatively on behalf of Activision), and each of Activision’s stockholders (solely in their capacity as Activision stockholders) will be forever barred and enjoined from commencing, instituting or prosecuting any of the Released Claims or any action or other proceeding against any of the Released Persons based on, arising out of, related to, or in connection with the Released Claims or the Settlement or resolution of the Actions.  Claims to enforce the terms of this Stipulation are not released.
5.3        Upon the Effective Date, as defined in ¶1.4, each of the Released Persons shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished and discharged each and all of the Plaintiffs, Plaintiffs’ Counsel, Activision, and all of the Activision stockholders (solely in their capacity as Activision stockholders) from all claims (including Unknown Claims), arising out of, relating to, or in connection with the institution, prosecution, assertion, settlement or resolution of the Actions or the Released Claims.  Notwithstanding the definition of Released Claims, the Individual Settling Defendants and Activision reserve their indemnification and advancement rights and defenses under Activision’s by-laws, Activision’s articles of incorporation, their agreements, Delaware law, and any other applicable authority.  Nothing herein shall in any way impair or restrict the rights of any Settling Party to enforce the terms of the Stipulation.
5.4        Upon the Effective Date, as defined in ¶1.4, each of the Released Persons will be forever barred and enjoined from commencing, instituting or prosecuting any or all claims (including Unknown Claims) against each and all of the Plaintiffs, Plaintiffs’ Counsel, Activision, and all of the Activision stockholders (solely in their capacity as Activision stockholders)  arising out of, relating to, or in connection with the institution, prosecution, assertion, settlement or resolution of the Actions or the Released Claims.   Notwithstanding the definition of Released Claims, the Individual Settling Defendants and Activision reserve their indemnification and advancement

 

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rights and defenses under Activision’s by-laws, Activision’s articles of incorporation, their agreements, Delaware law, and any other applicable authority.   Nothing herein shall in any way impair or restrict the rights of any Settling Party to enforce the terms of the Stipulation.

5.           Releases and Bar



5.1        Upon the Effective Date, as defined in
¶1.4, Activision, Bryan Cave, Plaintiffs (acting on their own behalf and
derivatively on behalf of Activision), and each of Activision’s stockholders
(solely in their capacity as Activision stockholders) shall be deemed to have,
and by operation of the Judgment shall have, fully, finally, and forever
released, relinquished and discharged the Released Claims against the Released
Persons and any and all claims (including Unknown Claims) arising out of,
relating to, or in connection with the defense, settlement or resolution of the
Actions against the Released Persons. 
Nothing herein shall in any way impair or restrict the rights of any
Settling Party to enforce the terms of the Stipulation.


 



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5.2        Upon the Effective Date, as defined in ¶1.4,
Activision, Bryan Cave, Plaintiffs (acting on their own behalf and derivatively
on behalf of Activision), and each of Activision’s stockholders (solely in
their capacity as Activision stockholders) will be forever barred and enjoined
from commencing, instituting or prosecuting any of the Released Claims or any
action or other proceeding against any of the Released Persons based on,
arising out of, related to, or in connection with the Released Claims or the
Settlement or resolution of the Actions. 
Claims to enforce the terms of this Stipulation are not released.


5.3        Upon the Effective Date, as defined in ¶1.4, each of
the Released Persons shall be deemed to have, and by operation of the Judgment
shall have, fully, finally, and forever released, relinquished and discharged
each and all of the Plaintiffs, Plaintiffs’ Counsel, Activision, and all of the
Activision stockholders (solely in their capacity as Activision stockholders)
from all claims (including Unknown Claims), arising out of, relating to, or in
connection with the institution, prosecution, assertion, settlement or
resolution of the Actions or the Released Claims.  Notwithstanding the definition of Released
Claims, the Individual Settling Defendants and Activision reserve their
indemnification and advancement rights and defenses under Activision’s by-laws,
Activision’s articles of incorporation, their agreements, Delaware law, and any
other applicable authority.  Nothing
herein shall in any way impair or restrict the rights of any Settling Party to
enforce the terms of the Stipulation.


5.4        Upon the Effective Date, as defined in ¶1.4, each of
the Released Persons will be forever barred and enjoined from commencing,
instituting or prosecuting any or all claims (including Unknown Claims) against
each and all of the Plaintiffs, Plaintiffs’ Counsel, Activision, and all of the
Activision stockholders (solely in their capacity as Activision
stockholders)  arising out of, relating
to, or in connection with the institution, prosecution, assertion, settlement
or resolution of the Actions or the Released Claims.   Notwithstanding the definition of Released
Claims, the Individual Settling Defendants and Activision reserve their
indemnification and advancement


 



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rights and defenses under
Activision’s by-laws, Activision’s articles of incorporation, their agreements,
Delaware law, and any other applicable authority.   Nothing herein shall in any way impair or
restrict the rights of any Settling Party to enforce the terms of the
Stipulation.


EXCERPTS ON THIS PAGE:

10-K (2 sections)
May 30, 2008
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