Free Settlement Agreement - District Court of Delaware - Delaware

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EXHIBIT D

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Exhibit D
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWAIUE

IN RE VERITAS SOFTWARE CORPORATION : Case N0. O4-CV—831 (SLR)
SECURITIES LITIGATION : Consolidated Action
SUMMARYNOTICE
TO: ALL PERSONS OR ENTITIES THATPURCHASED OR OTHERWISE ACQUIRED
SECURITIES OF VERITAS SOFTWARE CORPORATION (“VERITAS’Q DURING
THE PERIOD BETWEEN APRIL 23, 2003 AND JULY 6, 2004, INCLUSI VE, AND
WHO WERE DAMAGED THEREB Y (THE “CLASS’Q.
YOU ARE HEREBY NOTIFIED, pursuant to an Order ofthe United States District Court
for the District of Delaware, that a hearing will be held before the Honorable Sue L. Robinson,
United States District Judge, at the United States Courthouse for the District of Delaware, Caleb
Boggs Federal Building, Courtroom 6124, 844 N. King Street, Wilmington, DE 19801 at
on ___ (the "Sett1ement Hearing"), in order to considera proposed settlement (the "Settlement")
ofa certified class action (the "Litigation"). At the Settlement Hearing, the Court will determine:
(1) whether the Settlement ofthe Litigation for the sum of $21.5 million in cash plus all interest
eamed thereon (the "Settlement Fund") should be approved by the Couit as fair, reasonable and
adequate; (2) whether the Litigation should be dismissed with prejudice; (3) whether the Plan of
Allocation ofthe Settlement Fund is fair, reasonable and adequate; (4) whether the application of
Co-Lead Counsel for attomeys’ fees and reimbursement of costs and expenses (the "Fee and
Expense Application") should be approved; and (5) whether the application for an award to Lead
Plaintiffs pursuant to 15 U.S.C. §78u-4(a)(4) (the “Lead Plaintiff Expense Application") should be
approved.

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If you purchased or acquired Veritas securities between April 23, 2003 and July 6, 2004,
inclusive, your rights may be affected by the Settlement ofthis Litigation and you may be entitled to
share in the settlement fund. Ifyou have not received a detailed Notice ofPendency and Proposed
Settlement of Class Action and a copy ofthe Proof of Claim and Release form, you may obtain
copies by writing to the Claims Administrator: Berdon Claims Administration LLC, P.O. Box 9014,
Jericho, NY 1 1753. Any such request should indicate that it is in reference to the Litigation: In re
Veritas Sojware Corp. Securities Litigation, Case No. 04-CV-831 (SLR). If you are a Class
Member, in order to share in the distribution ofthe Settlement Fund, you must submit a Proof of
Claim and Release so that it is received no later than , establishing that you are entitled to
recovery.
If you desire to be excluded from the Class and not recover from the Settlement, you must
submit a request for exclusion so that it is actually received by the Claims Administrator and
counsel, by , in the manner and form explained in the detailed Notice referred to above. All
Members of the Class who have not requested exclusion from the Class will be bound by any
judgment entered in the Litigation pursuant to the Stipulation of Settlement.
Any objection to any ofthe matters before the Court must be mailed or delivered so that it is
received by each ofthe following no later than ;, and must indicate that it is an Objection in the
action: In re Veritas Sojware Corp. Securities Litigation, Case No. 04-CV-831 (SLR):
CLERK OF THE COURT
United States District Court
District Of Delaware
Caleb Boggs Federal Building
844 N. King Street
Wilmington, DE 19801
Co-Lead Counsel for Lead Plaintms and the Class:
2

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SCHATZ NOBEL IZARD P.C.
Jeffrey S. Nobel
Seth R. Klein
20 Church Street, Suite 1700
Hartford, CT 06103
HARWOOD FEFFER LLP
Robert I. Harwood
Jeffrey M. Norton
488 Madison Avenue
New York, NY 10022
LABATON SUCHAROW LLP
Ira A. Schochet
Stephen W. Tountas
140 Broadway
New York, NY 10005
Counsel for D€f€l1([(ll1I5.'
WILSON SONSINI GOODRICH & ROSATI, PC
Nina F. Locker -
Peri Nielsen
650 Page Mill Road
Palo Alto, California 94304-1050
POTTER ANDERSON & CORROON LLP
Peter J. Walsh, Jr.
1313 North Market Street
Wilmington, Delaware 19801
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE
REGARDING THIS NOTICE.
DATED: April __, 2008
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
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