Epstein Secrets

d by ERISA § I04(b) operative during the Class Period as defined in the initial complaints on file in the Howard and Greenberg actions. In addition, Bear Stearns will provide Co-Lead Counsel with the names of the members of The Bear Steams Companies, Inc. Executive Committee and the Employee Stock Ownership

eams Companies Inc. Employee Stock Ownership Trust) during the Class Period, to the best of its current knowledge, information or belief. Defendant Bear Steams does not concede that any of the individuals whose names are provided are in fact fiduciaries of the Employee Stock Ownership Plan or were fiduciar

re consolidated for all purposes pursuant to Rule 42(a), Fed. R. Civ. P. They shall be referred to collectively as In re The Bear Steams Cos., Inc. ERISA Litigation, No. 08 Civ. 2804 (RWS) (the "ERISA Action"); Plaintiffs Aaron Howard and Shelden Greenberg are appointed Interim Co-Lead Plaintiffs. Pursuant to F

T OF TIME Civil No. 2009-106 Page 2 capital reserves, and the quality of its risk management in order to induce plaintiff to retain its shares of Bear Steams stock. 3. On December 3, 2009, counsel for defendant filed with the Judicial Panel on Multi-District Litigation (the "MDL Panel") a Rule 7.5 Notic

counsel. 4. In August 2008, the MDL Panel joined for consolidated or coordinated pretrial purposes fifteen actions (the "Related Actions") against Bear Stearns concerning "whether Bear Stearns and certain of its current and former officers and directors knowingly made material misstatements or omissions co

tant action (the "Action") is related to the consolidated multidistrict litigation In re The Bear Stearns Companies, Inc. Securities, Derivative and ERISA Litigation, 08 M.D.L. 1963 (S.D.N.Y.) (RWS) (the "MDL Action"), pending in the United States District Court for the Southern District of New York before the H

/a The Bear Stearns Companies LLC), Bear, Steams & Co. Inc. (n/k/a J.P. Morgan Securities LLC) and Bear Steams Asset Management Inc. (collectively, "Bear Steams") and Warren Spector ("Spector" and, together with Bear Stearns, the "Respondents") (each of Claimants and Respondents is hereinafter sometimes refe

om its bank of receipt into Susman Godfrey's account and clearance of the full amount of the Settlement Amount shall be deemed full compliance with Bear Stearns' payment obligation under this Agreement. 2. Release by Claimant. In consideration of the payment of the Settlement Amount as provided in paragra

in the United States District Court for the Southern District of Ncw York, captioned In re Bear Stearns Companies, Inc. Securities, Derivative, and ERISA Litigation, Master File No. 08 MDL 1963 (RWS), Securities Action, No. 08 Civ. 2793 (RWS) (the "Securities Class Action"), alleging, among other things, misrep

eams Stock and to refrain from refiling or commencing any other litigation relating to the same, but we are not precluded from participating in what Bear Steams is referring to the Securities Class Action, provided that we cannot opt out and cannot oppose any settlement reached in that Class Action. In the

in the United States District Court for the Southern District of New York, captioned In re Bear Stearns Companies, Inc. Securities, Derivative, and ERISA Litigation, Master File No. 08 MDL 1963 (RWS), Securities Action, No. 08 Civ. 2793 (RWS) (the "Securities Class Action"), alleging misrepresentations in conne