HD » Topics » RELEASES

This excerpt taken from the HD 8-K filed Apr 10, 2008.

RELEASES

 

20.                                 Upon the Effective Date, and subject to the RTV Investigation Carve-Out described in paragraph 21 below, Plaintiffs, on their own behalf and derivatively on behalf of Home Depot, and Home Depot stockholders shall be deemed to have, and by operation of the Judgment (as

 

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defined below) shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Persons.

 

21.                                 RTV Investigation Carve-Out.  The Defendants agree that in the event one or more current or former executive officers of the Company makes a financial payment to a government agency in connection with the alleged wrongdoing relating to RTV matters or is convicted of any wrongdoing in connection with an RTV investigation, the release referenced herein shall not bar the assertion by Plaintiffs in the City of Pontiac Action of a claim for breach of fiduciary duty against such current or former officers with respect to any damage caused to the Company by such individual in connection with their role in RTV practices.  The Defendants agree that they will not contest the standing (e.g., their failure to make a demand or their adequacy to sue in a representative capacity) of the Plaintiffs in the City of Pontiac Action to assert such a claim, and the Company agrees that it will cooperate with the Plaintiffs in discovery, as may be reasonable.  Notwithstanding the foregoing, nothing herein shall be deemed to limit or alter the terms or scope of, or to revive any claims released by, the mutual releases contained in the January 2, 2007 Separation Agreement between the Company and Mr. Nardelli.

 

22.                                 Upon the Effective Date, each of the Defendants shall be deemed to have, and by operation of the Judgment (as defined below) shall have, fully, finally, and forever released, relinquished, and discharged each and all of the Plaintiffs, and the Plaintiffs’ counsel, from all claims (including Unknown Claims), arising out of, relating to, or in connection with the institution, prosecution, settlement, or resolution of the Litigation or the Released Claims.

 

23.                                 These releases shall not be construed to limit or release any claims to enforce the terms of this Stipulation.

 

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