As a Settlement Class Member, you are represented by Lead Plaintiffs and Lead Counsel, unless you enter an appearance through counsel of your own choice at your own expense. You are not required to retain your own counsel, but if you choose to do so, such counsel must file a notice of appearance on your behalf and must serve copies of his or her appearance on the attorneys listed in the section entitled, “When And Where Will The Court Decide Whether To Approve The Settlement?,” on page 14 of the Notice.
If you are a Settlement Class Member and do not wish to remain a Settlement Class Member, you may exclude yourself from the Settlement Class by following the instructions in the section entitled, “What If I Do Not Want To Be A Member Of The Settlement Class? How Do I Exclude Myself?,” on page 13 of the Notice.
If you are a Settlement Class Member and you wish to object to the Settlement, the Plan of Allocation, or Lead Counsel’s motion for attorneys’ fees and Litigation Expenses, and if you do not exclude yourself from the Settlement Class, you may present your objections by following the instructions in the section entitled, “When And Where Will The Court Decide Whether To Approve The Settlement?,” on page 14 of the Notice.
If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you will be bound by any orders issued by the Court. If the Settlement is approved, the Court will enter a Judgment. The Judgment will, among other things, dismiss with prejudice the claims against Defendants and will provide that, upon the Effective Date of the Settlement, Lead Plaintiffs and each of the other Settlement Class Members, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, and assigns, in their capacities as such, will have fully, finally, and forever compromised, settled, released, resolved, relinquished, waived, and discharged each and every Released Plaintiffs’ Claim (as defined in ¶ 38 of the Notice) against Defendants and the Defendants’ Releasees (as defined in ¶ 39 of the Notice), and shall forever be barred and enjoined from prosecuting any or all of the Released Plaintiffs’ Claims against any of the Defendants’ Releasees.
“Released Plaintiffs’ Claims” means all rights, liabilities, suits, debts, obligations, demands, damages, losses, judgment matters, issues, claims, and causes of action of every nature and description whatsoever, in law, equity, or otherwise, whether known claims or Unknown Claims, whether accrued or unaccrued, fixed or contingent, liquidated or unliquidated, whether arising under federal, state, local, statutory, common law, foreign law, or any other law, rule, or regulation, and whether direct, representative, derivative, or class in nature, concerning, based on, arising out of, relating to, or in connection with all claims and causes of action that Lead Plaintiffs or any other member of the Settlement Class (i) asserted in the Complaint, or (ii) were or could have been asserted in any forum that both (a) arise out of the same facts, matters, events, transactions, acts, occurrences, statements, representations, misrepresentations, disclosures, and/or omissions alleged in the Complaint and (b) relate to the purchase or other acquisition of Plantronics common stock during the Class Period. For the avoidance of doubt, Lead Plaintiffs and the Settlement Class will release all claims for damages by Settlement Class Members provided for under Sections 10(b) and 20(a) of the Securities Exchange Act which relate to the purchase or other acquisition of Plantronics common stock during the Class Period arising out of the same facts, matters, events, transactions, acts, occurrences, statements, representations, misrepresentations, disclosures, and/or omissions alleged in the Complaint. This Release does not cover, include, or release claims relating to the enforcement of the Settlement.
“Defendants’ Releasees” means Defendants and all of Defendants’ past and present officers, directors, employees, insurers, reinsurers, parents, subsidiaries, affiliates, successors, representatives, auditors, attorneys, underwriters, and agents, and the heirs, predecessors, and assigns of the foregoing.
“Unknown Claims” means any Released Plaintiffs’ Claims which any Lead Plaintiff or any other Settlement Class Member does not know or suspect to exist in his, her, their, or its favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant does not know or suspect to exist in his, her, their, or its favor at the time of the release of such claims, which, if known by him, her, them, or it, might have affected his, her, their, or its decision(s) with respect to this Settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Lead Plaintiffs and Defendants shall expressly waive, and each of the Settlement Class Members shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, any and all provisions, rights, and benefits conferred by California Civil Code § 1542, or any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code § 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Lead Plaintiffs and Defendants acknowledge, and each of the Settlement Class Members shall be deemed by operation of law to have acknowledged, that the foregoing waiver was separately bargained for and is a material element of the Settlement.
The Judgment will also provide that, upon the Effective Date of the Settlement, Defendants, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, and assigns, in their capacities as such, will have fully, finally and forever compromised, settled, released, resolved, relinquished, waived, and discharged each and every Released Defendants’ Claim (as defined in ¶ 42 of the Notice) against Lead Plaintiffs and the other Plaintiffs’ Releasees (as defined in ¶ 43 of the Notice), and shall forever be barred and enjoined from prosecuting any or all of the Released Defendants’ Claims against any of the Plaintiffs’ Releasees.
“Released Defendants’ Claims” means all claims and causes of action of every nature and description whatsoever, whether known claims or Unknown Claims, whether arising under federal, state, common, or foreign law, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted against Defendants in the Action. For avoidance of doubt, Released Defendants’ Claims do not cover, include, or release: (i) any claims relating to the enforcement of the Settlement; or (ii) any claim by any Defendants for insurance coverage or any claim for indemnification or advancement that the Individual Defendants may have against the Company.
“Plaintiffs’ Releasees” means Lead Plaintiffs, Lead Counsel, and all other Settlement Class Members, and their respective past and present officers, directors, employees, insurers, reinsurers, subsidiaries, affiliates, successors, representatives, auditors, attorneys, and agents, and the heirs, predecessors, and assigns of the foregoing.