Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv—OO831-SLR Document 140 Filed 08/O1/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IN RE VERITAS SOFTWARE CORPORATION : Case N0. 04-CV-83l (SLR)
SECURITIES LITIGATION : Consolidated Action

FINAL ORDER AND JUDGMENT
WHEREAS, a certified class action is pending before the Court entitled In re Veritas
S0f‘ware COl])OFCl[iOl'l Securities Litigation, Case No. 04-CV—83l (SLR) (the "Litigation");
WHEREAS, the Court has received the Stipulation of Settlement dated as ofApril 8, 2008
(the "Stipulation"), which has been entered into by counsel on behalf of Lead Plaintiffs and
Defendants (as those terms are defined in the Stipulation), and the Court has reviewed the
Stipulation and its attached exhibits;
WHEREAS, pursuant to the Preliminary Approval Order entered April l6, 2008 (the "Notice
Order"), the Court scheduled a hearing for July 31, 2008 at 4:30 p.rn. (the "Settlement Hearing”) to
(a) determine whether the proposed settlement ("Settlement") of the Litigation on the terms and
conditions provided for in the Stipulation is fair, reasonable and adequate, and should be approved
by the Court; and (b) determine whether ajudgment as provided in paragraph 7 ofthe Stipulation
should be entered herein. The Court ordered that the Notice ofPendency and Proposed Settlement
of Class Action (the "Notice") and a Proof of Claim and Release form ("ProofofClaim"), in the
fonns attached in the Stipulation as Exhibits C and E to the Notice Order, be mailed by first—class
mail, postage prepaid, on or before May l4, 2008 to all Class Members at the address ofeach such
Person as set forth in the records of Veritas Software Corporation ("Veritas") or its transfer agent, or
who otherwise could be identified through reasonable effort, and that a Summary Notice in the fonn

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attached to the Notice Order as Exhibit D, be published in the national edition of The Investors
Business Daily, and on PR Newswire and Bloomberg News Service.
WHEREAS, as attested by the Affidavit of Michael Rosenbaum, filed with this Couit on
July 22, 2008, the provisions ofthe Notice Order as to the notice procedure were complied with.
WHEREAS, on July 24, 2008, Lead Plaintiffs moved for final approval ofthe Settlement as
set forth in the Notice Order. The Settlement Hearing was duly held before this Court on July 31,
2008, at which time all interested Persons were afforded the opportunity to be heard.
The Court, having considered the Settlement Stipulation, all papers filed and proceedings
had herein and all comments received regarding the proposed settlement, and having reviewed
the entire record in the Litigation and good cause appearing,
NOW, THEREFORE, after due deliberation, IT IS ORDERED, ADJUDGED AND
DECREED that:
1. This Judgment incoiporates by reference the definitions in the Stipulation, and all
capitalized terms used herein shall have the same meanings as set forth in the Stipulation.
2. This Court has jurisdiction over the subject matter ofthe Litigation and over all
parties to the Litigation, including all members ofthe Class.
3. The proposed Settlement ofthe Litigation on the terms and conditions set forth in the
Stipulation is in all respects fair, reasonable and adequate, is in the best interests ofthe Class and
should be approved.
4. The notification provided for and given to the Class was in compliance with the
Notice Order, and said notification constitutes the best notice practicable under the circumstances
and is in full compliance with the notice requirements ofdue process, Fed. R. Civ. P. 23 and Section
21D(a)(7) ofthe Securities Exchange Act of 1934, 15 U.S.C. § 78u-4(a)(7).
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5. The Stipulation and the Settlement are hereby approved as fair, reasonable, adequate,
and in the best interests ofthe Class Members, and shall be consummated in accordance with the
terms and provisions ofthe Stipulation.
6. The Coun further finds that during the course ofthe Litigation, the parties and their
respective counsel at all times complied with the requirements of Federal Rule of Civil
Procedure ll.
7. Upon the Effective Date, each Class Member (other than those listed on Exhibit A
hereto) shall be deemed to have, and by operation ofthe Judgment shall have, fully, finally, and
forever settled and released, any and all Released Claims, known or unknown, suspected or
unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or
heretofore have existed, upon any theory oflaw or equity now existing or coming into existence in
the future, including, but not limited to, conduct which is negligent, intentional, with or without
malice, or a breach ofany duty, law or nile, without regard to the subsequent discovery or existence
of such different or additional facts.
8. Each Class Member whether or not such Class Member executes and delivers a
Proofof Claim, other than those listed in Exhibit A hereto, is bound by this Judgment,
including, without limitation, the release ofclaims as set forth in the Stipulation.
9. This Judgment and the Stipulation, and all papers related thereto are not, and shall
not be constnied to be, an admission by any ofthe Defendants of any liability or wrongdoing
whatsoever, and shall not be offered as evidence of any such liability or wrongdoing in this or
any other proceeding.
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l0. The administration ofthe Settlement, and the decision of all disputed questions of
law and fact with respect to the validity of any claim or right of any Person to participate in the
distribution ofa Settlement Fund, shall remain under the authority ofthis Court.
ll. In the event that the Settlement does not become effective in accordance with the
terms ofthe Stipulation, then this Judgment shall be rendered mill and void to the extent
provided by and in accordance with the Stipulation and shall be vacated, and in such event, all
orders entered and releases delivered in connection herewith shall be null and void to the extent
provided by and in accordance with the Stipulation.
12. Any order or proceeding relating to the Plan of Allocation or the Fee and Expense
Application or the Lead Plaintiff Expense Application shall not operate to affect the finality of
the Court’s Judgment approving the Settlement.
13. Without affecting the finality ofthis Judgment, the Court hereby reserves and
retains exclusive and continuingjurisdiction over all matters relating to the administration and
effectuation ofthe Stipulation and Settlement.
Dated: August , 2008
United States District Judge
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