SETTLEMENT AND CONSENT AGREEMENT AND MUTUAL RELEASESettlement and Consent Agreement and Mutual Release • August 7th, 2007 • Obagi Medical Products, Inc. • Pharmaceutical preparations • California
This Settlement and Consent Agreement and Mutual Release (the “Agreement”) is entered into by and among Obagi Medical Products, Inc. and OMP, Inc. (collectively “Obagi”), Stonington Partners, Inc. and Stonington Capital Appreciation 1994 Fund, L.P. (collectively “Stonington”), on one hand, and the McNamara Family Irrevocable Trust dated December 17, 2004, the McNamara Family Trust dated December 27, 2004 (collectively, the “Trusts”), the estate of Austin T. McNamara, Lucy B. McNamara individually and as trustee of the Trusts and as executor of the estate of Austin T. McNamara, and Lighthouse Venture Group, LLC (along with any jointly owned or related Lighthouse entity, collectively known as “Lighthouse”) on the other hand, as of this 29th day of May 2007. The Trusts, the estate of Austin T. McNamara, Lucy B. McNamara, in all her capacities, and Lighthouse are sometimes hereafter collectively referred to as the “McNamara Parties.” Obagi, Stonington, and the McNamara Parties are sometime
