HD » Topics » SUBMISSION AND APPLICATION TO THE COURT; STOCKHOLDER NOTICE

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

SUBMISSION AND APPLICATION TO THE COURT; STOCKHOLDER NOTICE

 

25.                                 Within five (5) business days of the execution of this Stipulation, the parties to the Wandel Action and the City of Pontiac Action will jointly apply to the Court for an order to be entered in both cases substantially in the form attached hereto as Exhibit B (the “Scheduling Order”), which shall include provisions:

 

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a.                                       scheduling a hearing (the “Settlement Hearing”) to obtain Court approval of the Settlement, at which time the Court will consider: (i) whether the terms and conditions of the Settlement are fair, reasonable, adequate, and in the best interests of Home Depot and Home Depot stockholders; (ii) whether the Judgment (as defined below) should be entered dismissing the Wandel Action and the City of Pontiac Action with prejudice as against the Plaintiffs in those actions on behalf of themselves and derivatively on behalf of Home Depot, releasing the Released Claims, and enjoining prosecution of any and all Released Claims; (iii) the approval of an award of Plaintiffs’ counsel’s attorneys’ fees and expenses as provided for herein; (iv) any objections to the Settlement; and (v) such other relief as the Court may deem necessary and appropriate;

 

b.                                      directing that a Notice of Proposed Settlement of Derivative Action and Settlement Hearing, substantially in the form attached hereto as Exhibit B-1 (the “Notice”), be published in Investor’s Business Daily and furnished to the United States Securities and Exchange Commission, along with a copy of the Stipulation, as exhibits to a current report on Form 8-K; and

 

c.                                       providing that publication and filing of the Notice substantially in the manner set forth in the Scheduling Order constitutes adequate notice to the Home Depot stockholders pursuant to O.C.G.A. § 14-3-745 and other applicable law.

 

26.                                 Home Depot shall bear all costs incurred in connection with the publication and filing of the Notice.

 

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