Notice of Pendency and Settlement of Derivative Actions (December 17th, 2010)
This Notice has be en issued pursuant to an Order of the United States District Court for the District of Colorado (the "Court"). The purpose of this notice is to inform you that the above-captioned action is now pending in the Court and the parties thereto have reached a settlement which would fully, finally and forever resolve the Released Claims (including Unknown Claims), as defined herein, on the terms and conditions summarized in this Notice and as set forth in full in the Stipulation of Settlement dated as of September 10, 2010 (the "Stipulation").
In the United States District Court for the District of Colorado (September 21st, 2010)
This Stipulation of Settlement (the Stipulation), dated as of September 10, 2010, is made and entered into by and among the following parties, by and through their respective counsel of record: (1) the Settling Derivative Plaintiffs (as defined below), on behalf of themselves and derivatively on behalf of The Spectranetics Corporation (Spectranetics or the Company, as defined below); (2) the Settling Derivative Defendants (as defined below); and (3) Spectranetics (collectively, and as defined below, the Settling Derivative Parties). The Settlement set forth in this Stipulation (the Settlement) is intended by the Settling Derivative Parties to fully, finally and forever resolve, discharge and settle the Released Claims (as defined below) against the Released Derivative Parties (as defined below), upon and subject to the terms and conditions hereof and subject to the approval of the U.S. District Court for the District of Colorado (the Federal Court) pursuant to Rule 23.1 of the Feder