DENIAL OF WRONGDOING AND LIABILITY. Defendants deny each and all of the claims and contentions alleged against them in the Litigation. Defendants deny all charges of wrongdoing or liability as alleged, or which could be alleged, in the Litigation. Nonetheless, Defendants have concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. Defendants have considered the uncertainty and risks inherent in any litigation. Defendants have, therefore, determined that it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Settlement Agreement.
DENIAL OF WRONGDOING AND LIABILITY. Defendant denies each and all of the claims and contentions alleged against it in the CAC. Defendant denies all charges of wrongdoing or liability as alleged, or which could be alleged. Nonetheless, Defendant has concluded that further conduct of litigation would be protracted and expensive, and that it is desirable that this matter be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. Defendant has considered the uncertainty and risks inherent in any litigation and in this matter. Defendant has, therefore, determined that it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Settlement Agreement.
DENIAL OF WRONGDOING AND LIABILITY. CaptureRx denies each and all of the claims and contentions alleged against it in the Litigation and believes its defenses have merit. CaptureRx denies all charges of wrongdoing or liability as alleged, or which could be alleged, in the Litigation. Nonetheless, CaptureRx has concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Class Settlement Agreement. CaptureRx also has considered the uncertainty and risks inherent in any litigation. CaptureRx has, therefore, determined it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Class Settlement Agreement.
DENIAL OF WRONGDOING AND LIABILITY. 2.1 Defendant denies the material factual allegations and legal claims asserted by Representative Plaintiff in the Litigation, including any and all charges of wrongdoing or liability arising out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged, in the Litigation. Further, Defendant maintains that it has strong, meritorious defenses to the claims alleged in the Litigation and that it was prepared to vigorously defend all aspects of the Litigation.
DENIAL OF WRONGDOING AND LIABILITY. ACTS denies each and all of the claims and contentions alleged against it in the Lawsuit. ACTS denies all allegations of wrongdoing or liability as alleged, or which could be alleged, in the Lawsuit. Nonetheless, ACTS has concluded that further defense of the Lawsuit would be protracted and expensive, and that it is desirable that the Lawsuit be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. ACTS has taken into account the uncertainty and risks inherent in any litigation. ACTS has, therefore, determined that it is desirable and beneficial that the Lawsuit be settled in the manner and upon the terms and conditions set forth in this Settlement Agreement.
DENIAL OF WRONGDOING AND LIABILITY. 4 Nutraceutical denies the material factual allegations and legal claims asserted in 5 the Litigation, including any and all charges of wrongdoing or liability arising out of any 6 of the conduct, statements, acts, or omissions alleged, or that could have been alleged, in 7 the Litigation. Similarly, this Settlement Agreement provides for no admission of 8 wrongdoing or liability by any of the Released Persons. This Settlement is entered into 9 solely to eliminate the uncertainties, burdens, and expenses of protracted litigation.
DENIAL OF WRONGDOING AND LIABILITY. 2.1 Hometrust denies all material allegations of the Complaints including all charges of wrongdoing or liability arising out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged, in the Action, including any claim that it is liable in any way for the criminal third-party attacks. Similarly, this Agreement provides for no admission of wrongdoing or liability by any of the Released Persons. This Agreement is entered into solely to eliminate the uncertainties, burdens, and expenses of protracted litigation.
DENIAL OF WRONGDOING AND LIABILITY. TJX denies each and all of the claims and contentions alleged against it and its Related Parties in the Litigation, including as set forth in the Amended Consolidated Complaint, and believes that these claims and contentions are totally without merit. Specifically, TJX denies all charges of wrongdoing or liability as alleged against it and its Related Parties in the Litigation. Nonetheless, TJX has concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. TJX also has taken into account the uncertainty and risks inherent in any litigation, especially in class action cases such as this Litigation. TJX has, therefore, determined that it is desirable and beneficial that the Litigation be settled in the manner and upon the terms and conditions set forth in this Settlement Agreement. Fifth Third denies each and all of the claims and contentions alleged against it and its Related Parties in the Litigation, including as set forth in the Amended Consolidated Complaint, and believes that these claims and contentions are totally without merit. Specifically, Fifth Third denies all charges of wrongdoing or liability as alleged against it and its Related Parties in the Litigation.
DENIAL OF WRONGDOING AND LIABILITY. A. Volusion denies each and every claim and contention alleged against it in the Litigation and all charges of wrongdoing or liability alleged against it. Nonetheless, Volusion and its counsel have concluded that further continuation of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon terms and conditions set forth in this Settlement Agreement. Volusion has also taken into account the uncertainty and risks inherent in any litigation, including in class action cases such as this Litigation. Volusion has, therefore, determined that it is desirable that the Litigation be settled in the manner and upon the terms and conditions set forth in this Agreement.
DENIAL OF WRONGDOING AND LIABILITY. The Individual Defendants have denied and continue to deny any wrongdoing alleged or that could have been alleged, by Plaintiff with respect to each and all claims, events, and transactions complained of in the Action. The Individual Defendants assert that at all relevant times, they acted in good faith and in a manner they reasonably believed to be in the best interests of LRAD and its stockholders. The Individual Defendants deny the allegations that LRAD or the Plaintiff or LRAD’s other stockholders have suffered damages, were harmed in any way by the conduct alleged in the Action or that they are entitled to any equitable or other relief. LRAD asserts that Iroquois was required to make a demand upon its Board, prior to commencing the Action to request the desired action and failed to do so. Iroquois asserts that demand was excused as futile. Nonetheless, LRAD and the Individual Defendants have agreed to settle the Action on the terms in this Stipulation. Without conceding the merit of any of Iroquois’s allegations, or lack of merit of any of the Individual Defendants’ defenses, and in order to avoid the potentially protracted time, expense, and uncertainty associated with continued litigation, LRAD and the Individual Defendants have concluded that it is desirable that the Action be fully and finally settled in the manner and upon the terms and conditions set forth in this Stipulation. CLAIMS OF THE PLAINTIFF AND BENEFITS OF SETTLEMENT Iroquois and Iroquois’s Counsel believe that the claims asserted in the Action have merit and that their investigation supports the claims asserted. Without conceding the merit of any of the Individual Defendants’ defenses or the lack of merit of any of their allegations, and in order to avoid the potentially protracted time, expense, and uncertainty associated with continued litigation, including potential trial and appeals, Iroquois has concluded that it is desirable that the Action be fully and finally settled in the manner and upon the terms and conditions set forth in this Stipulation. Based on these considerations, among others, Iroquois believes that the Settlement has conferred or will confer substantial benefits upon and is in the best interests of LRAD and Current LRAD Stockholders. THE INVESTORS’ SETTLEMENT AGREEMENT LRAD is simultaneously entering into an agreement with certain Investors, including Iroquois (the “Investors Settlement Agreement”), attached hereto as Exhibit A.
