IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
MATTHEW LUBRANO, on behalf of
himself and all others similarly situated,
Plaintiff,
V. Civil Action No. 16589-NC
CYBERCASH, INC, a Delaware
Corporation, DANIEL C. LYNCH,
WILLIAM N. MELTON, MICHAEL
ROTHSCHILD, CHARLES T. RUSSELL,
GAREN K. STAGLIN, and JAMES J.
CONDON,
Defendants.
ORDER AND FINAL JUDGMENT
A hearing having been held before this Court (the "Court") on April 6 ) 1999
(the "Settlement Hearing"), pursuant to the Court's Order of January 26 , 1999 (the
"Scheduling Order"), upon a Stipulation of Settlement, filed on January 11, 1999, (the
"Stipulation"), of the above-captioned action (the "Action"), which is incorporated herein by
reference; it appearing that due notice of said hearing has been given in accordance with the
Scheduling Order; the respective parties having appeared by their attorneys of record; the Court
having heard and considered evidence in support of the proposed Statement (as defined in the
Stipulation); the attorneys for the respective parties having been heard; an opportunity to be
heard having been given to all other persons requesting to be heard in accordance with the
Scheduling Order; the Court having determined that notice to the Class (as defined below)
preliminarily certified in the Action, pursuant to the aforesaid Scheduling Order, was adequate
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
"Scheduling Order"), upon a Stipulation of Settlement, filed on January 11, 1999, (the
it appearing that due notice of said hearing has been given in accordance with the
Scheduling Order; the respective parties having appeared by their attorneys of record; the
Stipulation); the attorneys for the respective parties having been heard; an opportunity to be
preliminarily certified in the Action, pursuant to the aforesaid Scheduling Order, was
The form and manner of notice given to the members of the Class is hereby
Based on the record of the Action, each of the provisions of Court of Chancery
Class contemplated in the Action is so numerous that joinder of all members is impracticable,
plaintiff are typical of the claims of the Class, and the representative plaintiff and
Court further finds that the prosecution of separate actions by individual members of the
the Class or would be as a practical matter dispositive to the other members of the Class not
parties to the adjudications, and, defendants have acted on grounds generally applicable to
CyberCash, Inc., from the close of business on June 26, 1998, through and including December
l&1998, including any and all of their respective successors, predecessors, representatives,
trustees, executors, administrators, heirs, assignees or transferees, immediate or remote,
Released Persons and the law firms of Grant & Eisenhofer, P.A.,
Abbey, Gardy & Squitieri, LLP, and Faruqi & Faruqi as counsel for the Class.
The Action and any and all claims, demands, rights, actions or causes of action,
representative, legal, equitable or any other type or in any other capacity (the "Releasing
against defendant CyberCash, Inc., its subsidiaries and affiliates, and each and all of their
or former officers, directors, employees, agents, attorneys, accountants, financial advisors,
Parties do not know or suspect to exist at the time of the release, which, if known, might
The Releasing Parties acknowledge that they may discover facts in addition to or
Without affecting the finality of this Final Order and Judgment in any way,
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