Common Contracts

SETTLEMENT AGREEMENT

Settlement Agreement • November 11th, 2022 • New York

• Contract Type
  Settlement Agreement
• Filed
  November 11th, 2022
• Jurisdiction
  New York

This Settlement Agreement (“Settlement Agreement”) is made and entered into on November 11, 2022, by and between Allergan Sales, LLC, as successor-in-interest to Forest Laboratories, LLC, and Allergan Limited, as successor-in-interest to Actavis plc (collectively, “Actavis”), Merz GmbH & Co KGaA, Merz Pharmaceuticals GmbH, and Merz Pharma GmbH & Co. KGaA (collectively, “Merz,” and together with Actavis, “Defendants”) and Sergeants Benevolent Association Health & Welfare Fund (“Plaintiff”), individually and on behalf of the Indirect Purchaser Class (as defined in Paragraph 1 below) in the above-captioned litigation (the “Indirect Purchaser Class Action,” or the “Action”). This Settlement Agreement is intended to, and upon occurrence of the Effective Date (as defined in Paragraph 5 below) will fully, finally, and forever resolve, compromise, discharge, and settle the claims of the Indirect Purchaser Class in the above-captioned litigation, subject to the terms and conditions set forth he