If the Settlement is approved by the Court, the Court will enter a Final Judgment. Upon the Effective Date, Plaintiff and all Class Members (other than putative Class members who have validly excluded themselves from the Class), on behalf of themselves and each of their successors, assigns, executors, administrators, representatives, attorneys, and agents in their capacities as such, shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever waived, released, relinquished, and discharged all Released Claims against the Released Defendants’ Parties, regardless of whether such Class Member executes and delivers a Proof of Claim and Release; received the Notice; participated in the Settlement Fund; filed an objection to the Settlement, the proposed Plan of Allocation, or any application by Plaintiffs’ Counsel for attorneys’ fees and expenses and/or application for service and expenses awards to Plaintiffs; or have their claims approved or allowed. As used in the prior sentence, the terms listed below have the following meanings:
• “Released Defendants’ Parties” means (i) each Defendant; (ii) each of their respective immediate family members (for individuals) and each of their direct or indirect parent entities, subsidiaries, related entities and affiliates, any trust of which any individual defendant is the settlor or which is for the benefit of any Defendant and/or member(s) of his or his family; and (iii) for any of the entities listed in parts (i) or (ii), their respective past and present partners, general partners, limited partners, principals, shareholders, joint venturers, members, officers, directors, managers, managing directors, supervisors, employees, contractors, consultants, auditors, accountants, financial advisors, professional advisors, investment bankers, representatives, underwriters, insurers, co-insurers, reinsurers, trustees, trustors, agents, attorneys, professionals, predecessors, successors, assigns, heirs, executors, administrators, and any controlling person thereof, in their capacities as such, and any entity in which a Defendant has a controlling interest.
• “Released Claims” means all claims (including but not limited to “Unknown Claims”), demands, losses, rights, liabilities, and causes of action of any nature whatsoever, that have been or could have been asserted in the Action or could in the future be asserted in any forum, whether foreign or domestic, whether arising under federal, state, common, or foreign law, by Plaintiffs, any member of the Class, or their successors, assigns, executors, administrators, representatives, attorneys, and agents, in their capacities as such, whether brought directly or indirectly against any of the Released Defendants’ Parties, which both (a) arise out of, are based on, or relate in any way to any of the allegations, acts, transactions, facts, events, matters, occurrences, representations or omissions involved, set forth, alleged or referred to, in the Action, or which could have been alleged in the Action, and (b) arise out of, are based on, or relate to the purchase, acquisition, holding, disposition, or sale of any shares of GoPro common stock from the date of GoPro’s IPO on June 26, 2014 through and including November 19, 2014. “Released Claims” does not, however, include claims to enforce the Settlement.
The description of the proposed Settlement is only a summary. The complete terms, including the definitions of the Effective Date and Unknown Claims, are set forth in the Stipulation (including its exhibits), which may be obtained at www.GoProShareholderLitigation.com, or by contacting Lead Counsel.