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1
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ORDER AND FINAL JUDGMENT
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EXTRACTED KEY WORDS
SETTLEMENT MEMBERS HEREBY PLAINTIFFS STIPULATION DIRECTORS PARTIES CHANCERY RULES SCHEDULING ORDER ATTORNEYS JUDGEMENT DETERMINATION ADEQUATE COUNSEL LAW REPRESENTATIVES STONE FACT COMMON PREJUDICE CONNECTION DISCLOSURES EXPENSES SETTLEMENT HEARING PURSUANT THEREIN ACCORDANCE MATTER DEFENDANTS MANNER |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
MARINER LDC and CASPIAN >
CAPITAL PARTNERS, L.P., >> -..
Plaintiffs, > Consolidated c; `, I
_ ., J
> C.A. No. 16724NC ;,;!:)
V. L- : ! )
> f-Y : -.-
,-.,
-.- _
> : -".
-_
STONE CONTAINER CORPORATION, ) :... .:
:_I. .
.,
) 6..
Defendant. `. 8,
1 . : :
: :'
..
ORDER AND FINAL JUDGMENT
The Stipulation of Settlement, filed March 17, 1999 (the "Stipulation"), of the
captioned consolidated action (the "Action"), having been presented at the Settlement Hearing on
May 17, 1999, pursuant to the Scheduling Order for Approval of Settlement of Class Action entered
herein on March 19, 1999 (the "Scheduling Order"), which Stipulation was joined and consented to
by all parties to the Action and which (along with the defined terms therein) is incorporated herein
by reference; and the Court having determined that notice of said hearing was given in accordance
with the Scheduling Order to members of the Class as certified by the Court in the Scheduling Order
and that said notice was adequate and sufficient; and the parties having appeared by their attorneys
of record; and the attorneys for the respective parties having been heard in support of the
and the settlement of the Action provided therein (the "Settlement"), and an opportunity to be heard
having been given to all other persons desiring to be heard as provided in the notice; and the
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2
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STIPULATION OF SETTLEMENT
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EXTRACTED KEY WORDS
STIPULATION COURT SETTLEMENT DEFENDANTS PARTIES ATTORNEYS MERGER CHANCERY PLAINTIFFS DELAWARE JSC HOLDERS STONE CONTAINER MERGER AGREEMENT PURSUANT DIRECTORS CONSOLIDATION STONE CERTIFICATE SSCC AMENDMENT COMMON STOCK EXPENSES JSC ACQUISITION BUSINESS COMPLAINT CONNECTION MARINER ACTION INCORPORATION PROVISIONS |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
MARINER LDC, CASPIAN 1
CAPITAL PARTNERS, L.P., and )
CRANDON CAPITAL PARTNERS >)
Plaintiffs, 1 Consolidated
) CA. No. 16724NC . ~
V. ))
STONE CONTAINER CORPORATION, 1
SMURFIT STONE CONTAINER )
CORPORATION, WILLIAM F. > ;
ALDINGER, DIONISIO GARZA, )
RICHARD A. GIBSEN, JAMES J. >
GLASSER, JACK M. GREENBERG, > `.
JOHN D. NICHOLS, JERRY K. )
PEARLMAN, RICHARD J. RASKIN, )
PHILLIP B. ROONEY, IRA N. STONE, )
JAMES H. STONE and ROGER W. )
STONE
Defendants.
STIPULATION OF SETTLEMENT
The parties to the above-captioned consolidated action, by and through their
undersigned attorneys, have entered into the following Stipulation of Settlement (the "Stipulation")
subject to the approval of the Court of Chancery of the State of Delaware in and for New Castle
County (the "Court of Chancery"):
WHEREAS,
A. On May 10, 1998, an Agreement and Plan of Merger (as amended by
Amendment No. 1 thereto dated as October 2, 1998) (the "Merger Agreement") was entered into by
1
and among Stone Container Corporation ("Stone"), a Delaware corporation, Jefferson Smurfit
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