IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
PAINEWEBBER R&D PARTNERS II, L.P.,
in the right and on the behalf of CENTOCOR
PARTNERS III, L.P.,
Plaintiff,
V.
CENTOCOR, INC. and CENTOCOR
DEVELOPMENT CORPORATION 111,
Defendants and
Crossclaimants,
- and -
CENTOCOR PARTNERS III, L.P.,
Nominal and
Crossclaim Defendant,
CENTOCOR, INC. and CENTOCOR
DEVELOPMENT CORPORATION III,
Third-Party Plaintiffs,
V.
PAINEWEBBER INCORPORATED,
PAINEWEBBER GROUP, INC. and
PAINEWEBBER DEVELOPMENT CORPORATION,
Third-Party Defendants.
ORDER AND FINAL JUDGMENT
WHEREAS, the parties to the above-captioned litigation (the "Action")
entered into a Stipulation and Agreement ofCompromise, Settlement andRelease, dated May
"\ WP3 : 458458.1 50512.1001
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
CENTOCOR, INC. and CENTOCOR
DEVELOPMENT CORPORATION III,
Third-Party Plaintiffs,
PAINEWEBBER INCORPORATED,
Third-Party Defendants.
the parties to the above-captioned litigation
entered into a Stipulation and Agreement ofCompromise, Settlement andRelease, dated May
definitions of terms of which the Court incorporates by reference herein);
the Court previously made and entered its Scheduling Order
proposed Settlement in accordance with the aforementioned Scheduling Order and Notice,
record and an opportunity to be heard was given to all Class A and Class C limited partners
of record of Centocor Partners III, L.P. as of the close of business on January 3 1,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows:
former limited partners of CP III, pursuant to and in the manner directed by the Scheduling
opportunity to be heard has been offered to all parties, the members of the Class and the
full compliance with each of the requirements of the Delaware Chancery Court Rules,
plaintiff are typical of the claims of the Class, and plaintiff will fairly and adequately
and its counsel is designated as Class counsel.
Final Order and Judgment in the Action.
the Class claims in the Action are hereby dismissed as to all Defendants with prejudice as
The Crossclaims in the Action are hereby dismissed as to Crossclaim
Defendant with prejudice as against the Crossclaim Plaintiffs, without cost to any party as
paragraph 15 of the Stipulation shall become effective.
for PWR&D II and shall be paid by Centocor (as part of the $10.8 million payment referred
to be evidence of, or an admission or concession by any party or person with respect to the
|
