Common use of STIPULATION AND AGREEMENT OF SETTLEMENT Clause in Contracts

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (together with all Exhibits thereto, the “Stipulation”), dated as of July 21, 2021, is entered into by and among (i) Lead Plaintiff Xxxxxxxx Xxxxxxx (“Xxxxxxx” or “Lead Plaintiff”), on behalf of himself and on behalf of the Settlement Class (as defined herein) and (ii) Acer Therapeutics Inc. (“Acer” or the “Company”), Xxxxx Xxxxxxxxx, and Xxxxx Xxxxxx (collectively “Defendants”), by and through their undersigned attorneys, and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, waive, discharge, and dismiss with prejudice the Action and the Released Claims (as defined herein) against Defendants and their Related Parties (as defined herein) and Defendants’ Released Claims (also defined below) against Lead Plaintiff, Settlement Class Members, Lead Counsel, and their Related Parties. Throughout this Stipulation, all terms used with initial capitalization, but not immediately defined, shall have the meanings ascribed to them in Section 1 below.

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (together with all Exhibits thereto, the “Stipulation”), dated as of July 21February 8, 2021, is entered into by and among (i) Lead Plaintiff Xxxxxxxx Xxxxxxx Van Dorp (“XxxxxxxVan Dorp” or “Lead Plaintiff”), on behalf of himself and on behalf of the Settlement Class (as defined herein) and (ii) Acer Therapeutics Inc. Indivior PLC (“AcerIndivior” or the “Company”), Xxxxx XxxxxxxxxXxxxxxx, Xxxx Xxxxxxxx, and Xxxxx Xxxxxx Xxxx X. Xxxxxxxxx (collectively collectively, “Defendants”), by and through their respective undersigned attorneys, counsel and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject subject to the approval of the United States District Court for the District of New Jersey (the “Court”) pursuant to Rule 23 of the Federal Rules of Civil Procedure. The Stipulation and the Supplemental Agreement (as defined below) states all of the terms of the settlement and conditions expressly provided herein, resolution of this Stipulation matter by the Parties and is intended by the Parties to fully, finally, fully and forever compromise, settle, finally release, resolve, waive, dischargeremise, and dismiss with prejudice the Action and discharge the Released Claims (as defined herein) against Defendants and their Related the Released Parties (as defined herein) and Defendants’ Released Claims (also defined below) against Lead Plaintiffresult in the complete dismissal of this Action with prejudice, Settlement Class Members, Lead Counsel, upon and their Related Partiessubject to the terms and conditions herein. Throughout this Stipulation, all terms used with initial capitalization, but not immediately defined, shall have the meanings ascribed to them in Section 1 below.

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement Settlement, dated as of April 3, 2023 (together with all Exhibits thereto, the “Stipulation”), dated as of July 21, 2021, ) is entered into by and among between (ia) Lead Plaintiff Xxxxxxxx Xxxxxxx Stichting Depositary APG Developed Markets Equity Pool (“XxxxxxxLead Plaintiff” or “APG”) and Plaintiff Stichting Depositary APG Fixed Income Credits Pool (collectively with Lead Plaintiff, “Plaintiffs”), on behalf of himself themselves and on behalf of the Settlement Class (as defined herein) below); and (iib) Acer Therapeutics Inc. defendants Synchrony Financial (“AcerSynchrony” or the “Company”), Xxxxxxxx X. Xxxxx Xxxxxxxxx, and Xxxxx Xxxxxx (collectively “DefendantsXxxxx”), by Xxxxx X. Xxxxxxx (“Doubles”), and through their undersigned attorneysXxxxxx X. Xxxxxxxx (“Xxxxxxxx” and together with Synchrony, Xxxxx, and Doubles, “Defendants,” and with Plaintiffs, the “Parties”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Action”).1 Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, waive, discharge, and dismiss with prejudice the Action and the all Released Plaintiffs’ Claims (as defined herein) against Defendants and their Related Parties (as defined herein) and Defendants’ Released Claims (also defined below) against Lead Plaintiff, Settlement Class Members, Lead Counsel, and their Related PartiesDefendants. Throughout this Stipulation, all 1 All terms used with initial capitalization, but capitalization not immediately defined, otherwise defined herein shall have the meanings ascribed to them in Section ¶ 1 belowherein.