Common use of STIPULATION AND AGREEMENT OF SETTLEMENT Clause in Contracts

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between Lead Plaintiffs Xxxxxx Xxxxxxxxxxx, Xxxxxxx Xxxxxxxxx, Xxxxx Xxxx, Xxxxx Xxxx, Xxxxxxx Xxxxxxxxx, and Xxx Xxxxxxxxx (collectively, “Lead Plaintiffs”), on behalf of themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and defendants Mutual Fund Series Trust (the “Trust”), Catalyst Capital Advisors, LLC (“Catalyst”), Northern Lights Distributors LLC (“NLD”), Xxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxxx Xxxxx (“Xxxxx”), Xxxx Xxxxxxx (“Xxxxxxx”), and Xxxx Xxxxxxxx (“Naviloff”) (each a “Defendant” and collectively, “Defendants”), on the other, by and through their counsel of record in the above-captioned litigation pending in the United States District Court for the Eastern District of New York (the “Court”). This Stipulation is intended by the Parties (defined below) to fully, finally, and forever resolve, discharge, and settle the Released Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these capitalized terms is defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between Lead Plaintiffs Xxxxxx XxxxxxxxxxxGranite Point Capital Master Fund, Xxxxxxx XxxxxxxxxLP, Granite Point Capital Panacea Global Healthcare, Granite Point Capital Scorpion Focused Ideas Fund (collectively, “Granite Point”) and Xxxxx Xxxx, Xxxxx Xxxx, Xxxxxxx Xxxxxxxxx, and Xxx Xxxxxxxxx (collectively, “Lead Plaintiffs”), on behalf of themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and defendants Mutual Fund Series Trust Prothena Corporation plc (“Prothena” or the “TrustCompany”), Catalyst Capital Advisors, LLC ) and Xx. Xxxx Xxxxxx (“Catalyst”), Northern Lights Distributors LLC (“NLD”), Xxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxxx Xxxxx (“XxxxxXxxxxx”), Xxxx Xxxxxxx X. Xxxxxx (“XxxxxxxXxxxxx”), and Xxxx Xxxxxxxx Xx. Xxxxx Xxxxxxxx, M.D., Ph.D. (“NaviloffNoonberg”) (each a “Defendant” and collectively, the “Individual Defendants” and, with Prothena, the “Defendants”), on the other, by and through their counsel of record in the above-captioned litigation pending in the United States District Court for the Eastern Southern District of New York (the “Court”). This Stipulation is intended by the Parties (defined below) to fully, finally, and forever resolve, discharge, and settle the Released Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these capitalized terms is both defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.

STIPULATION AND AGREEMENT OF SETTLEMENT. This Stipulation and Agreement of Settlement (the “Stipulation”) is made and entered into by and between Lead Plaintiffs Xxxxxx XxxxxxxxxxxGranite Point Capital Master Fund, Xxxxxxx XxxxxxxxxLP, Granite Point Capital Panacea Global Healthcare, Granite Point Capital Scorpion Focused Ideas Fund (collectively, “Granite Point”) and Xxxxx Xxxx, Xxxxx Xxxx, Xxxxxxx Xxxxxxxxx, and Xxx Xxxxxxxxx (collectively, “Lead Plaintiffs”), on behalf of themselves and all other members of the proposed Settlement Class (defined below), on the one hand, and defendants Mutual Fund Series Trust Prothena Corporation plc (“Prothena” or the “TrustCompany”), Catalyst Capital Advisors, LLC ) and Xx. Xxxx Xxxxxx (“Catalyst”), Northern Lights Distributors LLC (“NLD”), Xxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxx Xxxxxxxx (“Xxxxxxxx”), Xxxxxxx Xxxxx (“XxxxxXxxxxx”), Xxxx Xxxxxxx X. Xxxxxx (“XxxxxxxXxxxxx”), and Xxxx Xxxxxxxx Xx. Xxxxx Xxxxxxxx, M.D., Ph.D. (“NaviloffNoonberg”) (each a “Defendant” and collectively, the “Individual Defendants” and, with Xxxxxxxx, the “Defendants”), on the other, by and through their counsel of record in the above-captioned litigation pending in the United States District Court for the Eastern Southern District of New York (the “Court”). This Stipulation is intended by the Parties (defined below) to fully, finally, and forever resolve, discharge, and settle the Released Claims as against the Released Defendant Parties and the Released Defendants’ Claims as against the Released Plaintiff Parties (each of these capitalized terms is both defined below), upon and subject to the terms and conditions hereof and subject to the Court’s approval.