Unless you specifically exclude yourself, you will be treated as a Class Member in this class action. This means that upon the Effective Date, you will relinquish all Released Claims against the Released Persons. These terms are defined below:
“Released Claims” shall mean any and all complaints, claims, third-party claims, cross-claims, counterclaims, demands, liabilities, obligations, promises, agreements, controversies, actions, causes of action, suits, rights, damages, costs, losses, debts, charges, and expenses (including Unknown Claims and attorneys’ fees, expert fees, and disbursements of counsel and other professionals) of any and every nature whatsoever, whether in law or in equity, whether arising under federal, state, local, or foreign statutory or common law or any other law, rule, or regulation (whether foreign or domestic), whether currently known or unknown, suspected or unsuspected, foreseen or unforeseen, ripened or unripened, accrued or unaccrued, or matured or not matured, whether arising in equity or under the law of contract, tort, malpractice, statutory breach, or any other legal right or duty, whether direct, derivative, individual, representative, or in any other capacity, and to the fullest extent that the law permits their release in this Action, that Lead Plaintiff, or any other member of the Certified Class (a) asserted in the operative Complaint or any other pleadings or briefs filed in this Action, or (b) could have asserted from the beginning of time to the end of time in any forum that arise out of, relate to, are connected with, or are in any way based upon (i) the allegations, transactions, facts, matters, occurrences, representations, or omissions involved, set forth, or referred to in the operative Complaint or any other pleadings or briefs filed by any party in this Action (including but not limited to all claims that arise out of, relate to, are connected with, or are in any way based upon any disclosures, public filings, registration statements, or other statements by Halliburton or its officers, directors, employees, or agents) during the Class Period, or (ii) the purchase or acquisition of Halliburton securities during the Class Period. Only claims based on purchase or acquisition of common stock during the Class Period are being released. For the avoidance of doubt, to the extent that Class Members purchased or acquired shares of Halliburton common stock between and including August 16, 1999 and December 7, 2001 (regardless of whether those shares were held after December 7, 2001 or not), those claims are released. By contrast, claims stemming from purchase or acquisition of Halliburton common stock between December 8, 2001 and July 22, 2002 are expressly not released and instead are part of the pending putative class action styled, Magruder v. Halliburton Co., CA No. 3:05-CV-1156-M.
“Claims” means any and all manner of claims, demands, rights, actions, potential actions, causes of action, liabilities, duties, damages, losses, diminutions in value, obligations, judgments, decrees, matters, issues, suits and controversies of any kind or nature whatsoever, whether known or unknown, contingent or absolute, liquidated or not liquidated, accrued or unaccrued, suspected or unsuspected, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, which now exist, or heretofore or previously existed, or may hereafter exist, including, but not limited to, any claims arising under federal, state or foreign law, common law, bankruptcy law, statute, rule or regulation, or agreement, whether individual, class, direct, derivative, representative, on behalf of others, legal, equitable, regulatory, governmental or of any other type or in any other capacity.
“Released Persons” means each and all of the Defendants and each and all of the Halliburton Related Parties and Lesar’s Related Parties.
“Halliburton Related Parties” means Halliburton’s past or present predecessors, successors, parent entities, affiliates, and subsidiaries, and, in the case of Halliburton’s respective predecessors, successors, parent entities, affiliates, and subsidiaries, each of Halliburton’s past or present directors, officers, employees, partners, insurers, co-insurers, reinsurers, agents, controlling shareholders, attorneys, accountants, auditors, advisors, investment advisors, personal or legal representatives, predecessors, successors, parent entities, subsidiaries, divisions, joint ventures, assigns, spouses, heirs, related or affiliated entities, and any person, firm, trust, corporation, partnership, limited liability company, officer, director, or other individual or entity in which Halliburton or its past or present predecessors, successors, parent entities, affiliates and subsidiaries has or had a controlling interest or which has or had a controlling interest in Halliburton or its past or present predecessors, successors, parent entities, affiliates and subsidiaries.
“Lesar’s Related Parties” means David Lesar’s immediate family, and any trust of which David Lesar is the settlor or which is for the benefit of Lesar’s immediate family, and the legal representatives, heirs, successors or assigns of each of the foregoing.
The “Effective Date” will occur when an order entered by the Court approving the settlement becomes final and not subject to appeal according to the terms of the Stipulation.
If you remain a Member of the Class, all of the Court’s orders will apply to you and legally bind you.