This excerpt taken from the EYE 8-K filed Feb 17, 2009.
WHEREAS, counsel for AMO and Abbott on the one hand, and Plaintiffs Counsel on the other hand, have engaged in arms-length negotiations concerning a possible settlement of the Action;
WHEREAS, between February 10, 2009, and the date of this Memorandum of Understanding (the Memorandum), Plaintiffs Counsel and counsel for Defendants have had numerous discussions and negotiations relating to the Tender Offer, including disclosures and other material terms and conditions set forth in this Memorandum;
WHEREAS, counsel for all parties to the Action have reached an agreement in principle, set forth in this Memorandum, providing for the settlement of the Action between and among plaintiffs, on behalf of themselves and the putative Class (defined below), and Defendants, on the terms and subject to the conditions set forth below (the Settlement);
WHEREAS, Defendants have consented to the conditional certification of the Action as a class action pursuant to California Code of Civil Procedure Section 382 for settlement purposes only as defined in Paragraph 5(a), below;