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This excerpt taken from the EYE 8-K filed Feb 17, 2009. NOW, THEREFORE, as a result of the
foregoing and the negotiations among counsel, the parties to the Action have
agreed in principle as follows:
1. AMO will provide additional disclosures recommended as set forth in Attachment A in an amended Schedule 14d-9 to be filed with the SEC on or before February 17, 2009, and neither plaintiffs nor Plaintiffs’ Counsel shall seek additional disclosure as a condition of this Settlement.2. AMO and Abbott will modify the Merger Agreement to reflect the changes set forth in Attachment B, and neither plaintiffs nor Plaintiffs’ Counsel shall seek additional modifications to the Merger Agreement as a condition of this Settlement.3. The parties to the Action will use their best efforts to agree upon, execute and present to the Superior Court, within 30 days of the closing of the merger, a formal stipulation of settlement (“Stipulation”) and such other documents as may be necessary and appropriate to obtain the prompt approval by the Superior Court of the Settlement and the dismissal with prejudice of the Action in the manner contemplated herein and by the Stipulation.
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4. Pending the negotiation and execution of the Stipulation, all proceedings in the Action, except for settlement-related proceedings, shall be suspended. The Stipulation shall provide that all proceedings in the Action, except for settlement-related proceedings, shall be suspended until the settlement-related proceedings are concluded. |
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