Common use of Derivative Lawsuits Clause in Contracts

Derivative Lawsuits. As of June 11, 2017, four shareholders have filed derivative lawsuits on behalf of the Company, the nominal plaintiff, based on allegations substantially similar to those alleged by lead plaintiff in ▇▇▇▇▇ ▇▇▇▇▇▇ v. Endologix, Inc., et al., Case No. 2:17-cv-00017 (United States District Court, Central District of California). Those actions consist of: ▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. BC662280 (Los Angeles Superior Court); ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. 30-2018-00968971-CU-BT-CSC (Orange County Superior Court); and Green ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. 8:17-cv-01155-AB (PLAx), consolidated with ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. 8:17-cv-01183-AB (PLAx) (U.S. District Court for the Central District of California). Plaintiffs in the ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ and Green derivative actions have agreed to stay litigation pending resolution of the ▇▇▇▇▇▇ action by the United States Court of Appeals for the Ninth Circuit. A related case, ▇▇▇▇▇ ▇. Endologix, Inc., et al. (Filed January 11, 2017 in the United ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇; Case No. 8:17-cv-00061) was consolidated into Nguyen v. Endologix, Inc.

Derivative Lawsuits. As of June 11, 2017, four shareholders have filed derivative lawsuits on behalf of the CompanyBorrower, the nominal plaintiff, based on allegations substantially similar to those alleged by lead plaintiff in ▇▇▇▇▇ ▇▇▇▇▇▇ v. Endologix, Inc., et al., Case No. 2:17-cv-00017 (United States District Court, Central District of California). Those actions consist of: ▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. BC662280 (Los Angeles Superior Court); ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. 30-2018-00968971-CU-BT-CSC (Orange County Superior Court); and Green ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. 8:17-cv-01155-AB (PLAx), consolidated with ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ et al., Case No. 8:17-cv-01183-AB (PLAx) (U.S. District Court for the Central District of California). Plaintiffs in the ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ and Green derivative actions have agreed to stay litigation pending resolution of the ▇▇▇▇▇▇ action by the United States Court of Appeals for the Ninth Circuit. A related case, ▇▇▇▇▇ ▇. Endologix, Inc., et al. (Filed January 11, 2017 in the United ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇; Case No. 8:17-cv-00061) was consolidated into Nguyen v. Endologix, Inc.