SETTLEMENT AGREEMENTEscrow Agreement • October 6th, 2008 • Innotrac Corp • Services-business services, nec • Ohio
WHEREAS, on October __, 2008, Mark E. Dottore, Receiver (“Receiver”), filed a motion (the “Motion”) seeking a judicial determination that in connection with a proposed settlement between and among Innotrac Corporation (“INOC”) and IPOF Fund, L.P. (“IPOF”), in the above-captioned action Case No. 1:05CV2726 (the “Receivership Action”): (i) an order should issue dismissing any and all claims, counterclaims, crossclaims and third-party complaints against INOC and certain of its officers named as defendants (the “INOC Defendants”) currently pending in the cases captioned Amantea v. Innotrac, et al., Case No.07 CV 03542 (the “Amantea Action”), and Small v. Regalbuto, Case No.1:06 CV 01721 (the “Small Action”); and (ii) an order should issue barring and enjoining any and all present and future claims against the persons and entities defined herein as the “INOC Released Parties,” whether for indemnity, contribution, or otherwise, arising out of, in connection with, or in any way related to the
