“Released Plaintiffs’ Claims” means any and all actions, causes of action, suits, liabilities, claims, rights of action, debts, sums of money, covenants, contracts, controversies, agreements, promises, damages, contributions, indemnities, and demands of every nature and description, whether or not currently asserted, whether known claims or Unknown Claims, suspected, existing, or discoverable, whether arising under federal, state, common, or foreign law, and whether based on contract, tort, statute, law, equity, or otherwise (including, but not limited to, federal and state securities laws), that Plaintiffs or any other Settlement Class Member: (i) asserted in the Allegheny Complaint or the Munoz Complaint; or (ii) ever had, now have, or hereafter can, shall, or may have, directly, representatively, derivatively, or in any other capacity that, in full or part, concern, relate to, arise out of, or are in any way connected to or based upon the allegations, transactions, facts, matters, occurrences, representations, or omissions involved, set forth, or referred to in the Complaints and that relate to the ownership of Common Stock during the Class Period, except claims with regard to enforcement of the Settlement and this Stipulation.
WHEREAS, it appearing that due Notice of the hearing has been given in
accordance with the Scheduling Order; the Parties having appeared by their
respective attorneys of record; the Court having heard and considered evidence in
support of the proposed Settlement and the application by Lead Counsel for a Fee
and Expense Award; the attorneys for the respective Parties having been heard; an
opportunity to be heard having been given to all Settlement Class Members or
other Persons requesting to be heard in accordance with the Scheduling Order; the
Court having determined that the notice to Settlement Class Members pursuant to
and in the manner prescribed in the Scheduling Order was adequate and
