IN RE HUT 8 CORP. SECURITIES LITIGATION — Entry #80

Case 1:24-cv-01636-VM          Document 10         Filed 07/08/26     Page 1 of 17


                                                                                                 7/8/26
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

 IN RE HUT 8 CORP. SECURITIES                          Case No. 1:24-cv-00904-VM
 LITIGATION
                                                       CLASS ACTION

 THIS DOCUMENT RELATES TO:

 ALL ACTIONS


      ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION
  SETTLEMENT, APPROVING FORM AND MANNER OF NOTICE, AND SETTING
        DATE FOR HEARING ON FINAL APPROVAL OF SETTLEMENT

         WHEREAS:

         A.      On June 18, 2026, Lead Plaintiff Abhishek Maheshwari (

himself and all other members of the Settlement Class (defined below) and Defendants Hut 8 Corp.

  Hut 8       and Asher Genoot, Michael Ho, Jaime Leverton, and Shenif Visram (together, the


                                           and Agreement

above-

Rules of Civil Procedure, and which, together with the exhibits thereto, sets forth the terms and

conditions of the proposed settlement of the Action

the Defendants and Released Defendant Parties on the merits and with prejudice (the


         B.      The Court has reviewed and considered the Stipulation and the accompanying

exhibits;

         C.      The Parties to the Stipulation have consented to the entry of this order; and


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       D.      All capitalized terms used in this order that are not otherwise defined herein have

the meanings defined in the Stipulation.

       NOW, THEREFORE, IT IS HEREBY ORDERED, this 8th day of July,

2026, that:

       1.      The Court has reviewed the Stipulation, preliminarily approves the Settlement, and

finds, pursuant to Federal Rule of Civil Procedure 23(e)(1), that the Court will likely be able to

finally approve the proposed Settlement as fair, reasonable, and adequate to the Settlement Class

under Federal Rule of Civil Procedure 23(e)(2), subject to further consideration at the Settlement

Hearing described below.

       2.      Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the Court

preliminarily certifies, for purposes of the Settlement only, the Settlement Class of: all persons and

entities that purchased or otherwise acquired Hut 8 securities in the United States or on an

exchange based in the United States between February 13, 2023 and January 18, 2024, inclusive,

and who were allegedly damaged thereby. Excluded from the Settlement Class are Defendants, the

officers and directors of Hut 8 at all relevant times, members of their Immediate Family and their

legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had

a controlling interest. Also excluded from the Settlement Class are any persons or entities who or

which timely and validly exclude themselves from the Settlement Class.

       3.      Solely for the purposes of effectuating the proposed Settlement of this Action, the

Court finds and preliminarily concludes that the prerequisites of class action certification under

Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied for the

Settlement Class defined herein and for the purposes of the Settlement only, in that:


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               (a)     the members of the Settlement Class are so numerous that joinder of all

Settlement Class Members is impracticable;

               (b)     there are questions of law and fact common to the Settlement Class

Members;

               (c)

               (d)     Plaintiff and Lead Counsel have fairly and adequately represented and

protected, and will fairly and adequately represent and protect, the interests of the Settlement

Class;

               (e)     the questions of law and fact common to Settlement Class Members

predominate over any individual questions; and

               (f)     a class action is superior to other available methods for the fair and efficient

adjudication of the controversy.

         4.    Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for purposes of

the Settlement only, Plaintiff is preliminarily certified as Class Representative for the Settlement

Class. The law firm of Pomerantz LLP is preliminarily appointed Class Counsel for the Settlement

Class.

         5.                                                                                    -length

negotiations overseen by an experienced mediator and (b) the Stipulation is sufficiently fair,

reasonable, and adequate to the Settlement Class to warrant providing notice of the Settlement to

Settlement Class Members and holding the Settlement Hearing.

         6.    The Settlement Hearing, to be held before the Court pursuant to Rule 23(e) of the

Federal Rules of Civil Procedure,

discretion, at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York,


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NY 10007, in Courtroom 15B, on November 6, 2026, at 11:00 p.m. [a date at least 100 days

from entry of this order] for the following purposes:

               (a)     to determine whether the proposed Settlement is fair, reasonable, and

adequate, and should be finally approved by the Court;

               (b)

as provided under the Stipulation should be entered, and to determine whether the release by the

                                                                                          hould be

provided to the Released Defendant Parties;

               (c)     to determine, for purposes of the Settlement only, whether the Settlement

Class should be finally certified; whether Plaintiff should be finally certified as Class

Representative for the Settlement Class; and whether the law firm of Pomerantz LLP should be

finally appointed as Class Counsel for the Settlement Class;

               (d)     to determine whether the proposed Plan of Allocation for the proceeds of

the Settlement is fair and reasonable and should be approved by the Court;

               (e)

Litigation Expenses (which may include an application for an award to Plaintiff for reimbursement

of his reasonable costs and expenses directly related to his representation of the Settlement Class,


               (f)     to rule upon such other matters as the Court may deem appropriate.

       7.      The Court reserves the right to approve the Settlement with or without modification

and with or without further notice to the Settlement Class. The Court further reserves the right to

enter the Judgment approving the Settlement and dismissing the Action on the merits and with

prejudice,


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and/or Litigation Expenses. The Court may also adjourn the Settlement Hearing, decide to hold

the hearing remotely, or modify any of the dates herein without further individual notice to

members of the Settlement Class. Any such changes shall be posted on the website for the

Settlement.

       8.      The Court approves the form, substance, and requirements of the Notice of

                                                                                         Litigation

                            , the Proof of Claim and Release form                   , the Summary

Notice of Pendency of Class Action, Proposed Settlement,

Litigation                                  , and the Postcard Notice, substantially in the forms

annexed hereto as Exhibits 1, 2, 3, and 4, respectively, and finds that the mailing and distribution

of the Postcard Notice and publishing of the Notice, Summary Notice, and Claim Form

substantially in the manner and form set forth in this Order: (a) constitute the best notice to

Settlement Class Members practicable under the circumstances; (b) are reasonably calculated,

under the circumstances, to describe the terms and effect of the Settlement and to apprise

Settlement Class Members of their right to object to the proposed Settlement or to exclude

themselves from the Settlement Class; (c) are reasonable and constitute due, adequate, and

sufficient notice to all Persons entitled to receive such notice; and (d) satisfy all applicable

requirements of the Federal Rules of Civil Procedure (including Rules 23(c) (e)), the Due Process

Clause of the United States Constitution, and 15 U.S.C. § 77z-1(a)(7) and 15 U.S.C. § 78u-4(a)(7),

as amended by the PSLRA.

       9.      The Court approves the retention of and appoints Strategic Claims Services

         as the Claims Administrator to supervise and administer the notice procedure as well as

the processing of claims.


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       10.     No later than thirty (30) calendar days following the later of (i) entry of this


information necessary to effectuate the payment of the Settlement Amount (e.g., a W-9, wiring

instructions, contact information for escrow agent to confirm wiring details, details if paying by

check, completion of any verification forms reasonably required by the payors), Defendants shall

pay or cause the payment of $2,350,000 in cash into an interest-bearing escrow account specified

by Lead Counsel.

       11.     At any time after entry of this Order, Lead Counsel may, without further approval

from the Court or Defendants, disburse up to two hundred and fifty thousand U.S. dollars and zero

cents ($250,000.00) from the Settlement Fund to pay reasonable and necessary Notice and

Administration Costs prior to the Effective Date. After the Effective Date, additional amounts may

be transferred from the Settlement Fund for Lead Counsel to pay additional reasonable and

necessary Notice and Administration Costs actually incurred and paid or payable without further

order of this Court. Unless otherwise provided, all fees, costs, and expenses incurred in identifying

and notifying Settlement Class Members shall be paid from the Settlement Fund and in no event

shall any of the Released Defendant Parties bear any responsibility, liability or obligation for such

fees, costs, or expenses.

       12.     Within five (5) business days of entry of this Order, Hut 8 will, at its own expense,

provide or cause to be provided to Lead Counsel a list (consisting of names, mailing addresses,

and email addresses, if available) in electronic format, such as Excel, of        known, registered

shareholders of record during the Settlement Class Period. Plaintiff and the Claims Administrator

agree to maintain the list or lists provided pursuant to this Paragraph 12 in confidence and use it

only for the purpose of administering the Settlement.


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       13.     Within thirty (30) calendar days after entry of this Preliminary Approval Order, the

Claims Administrator shall cause the Postcard Notice, substantially in the form annexed hereto, to

be mailed, by first-class mail, postage prepaid, to all Settlement Class Members who can be

identified with reasonable effort                    .

       14.     The Claims Administrator also shall cause the Stipulation and its exhibits, including

the Preliminary Approval Order, the Notice, and Claim Form, to be posted on a website to be

developed for the Settlement, from which the Notice and Claim Form can be downloaded, within

thirty (30) calendar days after entry of this Preliminary Approval Order.

       15.     The Claims Administrator shall use reasonable efforts to give notice to nominee

purchasers such as custodians, brokerage firms, and other Persons and entities that purchased or

otherwise acquired Hut 8 securities during the Settlement Class Period for the benefit of another

Person or entity. Such nominees shall, within seven (7) calendar days of receipt of the notice:

(a) provide a list of the names, addresses, and email addresses (to the extent that email addresses

are available) of all such beneficial owners to the Claims Administrator, and the Claims

Administrator is ordered to promptly mail the Postcard Notice and/or email the link to the Notice

and Claim Form to such identified beneficial owners; (b) request from the Claims Administrator

the link to the electronic Notice and Claim Form and, within seven (7) calendar days of receipt of

the link, email it to all such beneficial owners; or (c) request from the Claims Administrator

sufficient copies of the Postcard Notice to forward to all such beneficial owners and, within seven

(7) calendar days of receipt of those Postcard Notices from the Claims Administrator, forward

them to all such beneficial owners. Nominees who elect to send the Postcard Notice or the link to

the Notice and Claim Form to their beneficial owners shall also send a statement to the Claims

Administrator confirming that the mailing and/or emailing was made as directed. Upon full


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compliance with these directions, nominees may seek reimbursement of their reasonable expenses

actually incurred in providing notice to beneficial owners up to a maximum of $0.02 per name,

address, and email address provided to the Claims Administrator, up to $0.02 per Postcard Notice

actually mailed plus postage at the pre-sort rate used by the Claims Administrator, or up to $0.02

per link to the electronic Notice and Claim Form transmitted by email, by providing the Claims

Administrator with proper documentation supporting the expenses for which reimbursement is

sought. Such properly documented expenses incurred by nominees in compliance with the terms

of this Order shall be paid from the Settlement Fund, with any disputes as to the reasonableness or

documentation of expenses incurred subject to review by the Court. Nominees are not authorized

to print the Postcard Notice. Postcard Notices may only be printed by the Claims Administrator.

       16.     Lead Counsel shall, at least seven (7) calendar days before the Settlement Hearing,

file with the Court proof, by affidavit or declaration, of mailing of the Postcard Notice and/or

emailing the links to the Notice and Claim Form.

       17.     Lead Counsel shall cause the Summary Notice to be published in PR Newswire

within fourteen (14) calendar days of the Notice Date. Lead Counsel shall, at or before the

Settlement Hearing, file with the Court proof of publication of the Summary Notice.

       18.     In order to be eligible to receive a distribution from the Net Settlement Fund, in the

event the Settlement is effected in accordance with the terms and conditions set forth in the

Stipulation, each Claimant shall take the following actions and be subject to the following

conditions:

               (a)     A properly executed Claim Form, substantially in the form annexed hereto

as Exhibit 2, must be submitted to the Claims Administrator, at the address indicated in the Notice,

postmarked no later than 120 days after the Notice Date. Such deadline may be further extended


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by Court order or by Lead Counsel in its discretion. Each Claim Form shall be deemed to have

been submitted when postmarked (if properly addressed and mailed by first-class or overnight

mail, postage prepaid). Any Claim Form submitted in any other manner shall be deemed to have

been submitted when it was actually received at the address designated in the Notice. Any

Settlement Class Member who does not timely submit a Claim Form within the time provided for

shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise

ordered by the Court, but shall remain bound by all determinations and judgments in this Action

concerning the Settlement, as provided by Paragraph 21 of this order.

               (b)     The Claim Form submitted by each Claimant must satisfy the following

conditions, unless otherwise allowed pursuant to the Stipulation: (i) it must be properly completed,

signed, and submitted in a timely manner in accordance with the provisions of the preceding

subparagraph; (ii) it must be accompanied by adequate supporting documentation for the

transactions reported therein, in the form of broker confirmation slips, broker account statements,

an authorized statement from the broker containing the transactional information found in a broker

confirmation slip, or such other documentation as is deemed adequate by the Claims Administrator

and/or Lead Counsel; (iii) if the Person executing the Claim Form is acting in a representative

capacity, a certification of her current authority to act on behalf of the Claimant must be included

in the Claim Form; and (iv) the Claim Form must be complete and contain no material deletions

or modifications of any of the printed matter contained therein and must be signed under penalty

of perjury. Claimants bear the burden of establishing their right to a recovery from the Net

Settlement Fund.

               (c)     Once the Claims Administrator has considered a timely submitted Claim

Form, it shall determine whether such Claim is valid, deficient, or rejected. For each Claim


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determined to be either deficient or rejected, the Claims Administrator shall send a deficiency letter

or rejection letter as appropriate, describing the basis on which the Claim was so determined. Any

Person who timely submits a Claim Form that is deficient shall be afforded a reasonable time (at

least ten (10) calendar days) to cure such deficiency if it appears that such deficiency may be cured.

If any Claimant whose Claim has been rejected in whole or in part (either due to uncurable

deficiency, a failure to cure a deficiency, or any other stated basis) wishes to contest such rejection,

the Claimant must, within ten (10) calendar days after the date of mailing of the rejection or partial

rejection notice, serve upon the Claims Administrator a notice and statement of reasons indicating


requesting a review thereof by the Court. If an issue concerning a Claim cannot be otherwise

resolved, Lead Counsel shall thereafter present the request for review to the Court.

                (d)     As part of the Claim Form, each Claimant shall submit to the jurisdiction of

the Court with respect to the Claim submitted, and shall, upon the Effective Date, release all claims

as provided in the Stipulation.

        19.     All Settlement Class Members who do not submit valid and timely Claim Forms

will be forever barred from receiving any payments from the Net Settlement Fund, except as

otherwise ordered by the Court or allowed by Lead Counsel in their discretion, but will in all other

respects be subject to and bound by the provisions of the Stipulation and Judgment, if entered,

unless they validly exclude themselves from the Settlement Class.

        20.     Any Settlement Class Member may enter an appearance in this Action, at his, her,

or its own expense, individually or through counsel of his, her, or its own choice. If any Settlement

Class Member does not enter an appearance, he, she, or it will be represented by Lead Counsel.


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       21.     Settlement Class Members shall be bound by all orders, determinations, and

judgments in this Action, whether favorable or unfavorable, unless such Persons request exclusion

from the Settlement Class in a timely and proper manner, as hereinafter provided. A putative

Settlement Class Member wishing to make such an exclusion request shall mail the request in

written form by first-class mail to the address designated in the Notice for such exclusions, such

that it is received no later than twenty-one (21) calendar days prior to the Settlement Hearing. Such

request for exclusion must clearly: (a) indicate the name, address, telephone number, and e-mail

contact information (if any) of the Person seeking exclusion, (b) state that the sender requests to

                                             In re Hut 8 Corp. Securities Litigation, Case No. 1:24-

cv-00904-VM (S.D.N.Y.), and (c) state the number of shares of Hut 8 common stock the Person

seeking exclusion (i) owned as of the opening of trading on February 13, 2023, (ii) received in


securities in connection with the Merger, (iii) purchased, acquired, and/or sold during the

Settlement Class Period, including the number of shares and prices for each transaction, and (iv)

held as of the close of trading on January 14, 2024. To be valid, such request for exclusion must

be submitted with documentary proof (i) of each purchase, acquisition, and, if applicable, sale of

Hut 8 common stock during the Settlement Class Period, and (ii)

status as a beneficial owner of the Hut 8 common stock. Any such request for exclusion must be

signed and submitted by the beneficial owner under penalty of perjury. The request for exclusion

shall not be effective unless it provides the required information, is legible, and is made within the

time stated above, or the exclusion is otherwise accepted by the Court. Lead Counsel may contact


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any Person filing a request for exclusion, or their attorney if one is designated, to discuss the

exclusion.

       22.     The Claims Administrator shall provide all requests for exclusion and supporting

documentation submitted therewith (including untimely requests and revocations of requests) to

Lead Counsel as soon as possible and no later than the deadline for requesting exclusion or upon

the receipt thereof (if later than the deadline for requesting exclusion). Lead Counsel shall

promptly (and in any event no later than five (5) calendar days after receiving a request for

exclusion or twenty-one (21) calendar days prior to the Settlement Hearing, whichever is earlier)

provide

revocations of requests for exclusion, by email.

       23.     All Persons who submit a valid, timely, and unrevoked request for exclusion shall

have no rights under the Stipulation, shall not share in the distribution of the Net Settlement Fund,

and shall not be bound by the Stipulation or any Final Judgment. Unless otherwise ordered by the

Court, any Class Member who does not submit a valid and timely written Request for Exclusion

as provided by this paragraph shall be bound by the Stipulation.

       24.     Any Settlement Class Member who does not request exclusion from the Settlement

Class may object to the proposed Settlement, the proposed Plan of Allocation, or the Fee and

Expense Application. Any objections must be signed by the objector and clearly and legibly

(a) state the name, address, telephone number, and e-mail address (if any) of the objector; (b) state

that the objector is objecting to the proposed Settlement, Plan of Allocation, or Fee and Expense

Application     In re Hut 8 Corp. Securities Litigation, Case No. 1:24-cv-00904-VM

(c) state the objection(s) and the specific reasons for each objection, including whether it applies

only to the objector, to a specific subset of the Settlement Class, or to the entire Settlement Class,


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and any legal and evidentiary support, and witnesses the Settlement Class Member wishes to bring


in the Settlement Class, including the number of shares of Hut 8 common stock that the objector

purchased, acquired, or sold during the Settlement Class Period, as well as the date(s) and price(s)

of each such purchase, acquisition, or sale. Objectors who are represented by counsel must also

provide the name, address, and telephone number of all counsel, if any, who represent them,

including their former or current counsel who may be entitled to compensation in connection with

the objection; the number of times the objector and their counsel have filed an objection to a class

action settlement in the last five years; the nature of each such objection in each case; and the name

and docket number of each case.

       25.

Settlement, the Plan of Allocation, or the Fee and Expense Application only if such Settlement

Class Member has served on the following counsel, by hand or by mail, his, her, or its written

objection and supporting papers, such that they are received on or before twenty-one (21) calendar

days before the Settlement Hearing:

Lead Counsel:
Jeremy A. Lieberman
Murielle J. Steven Walsh
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016

Counsel for Defendants:
Lissa M. Percopo
GIBSON, DUNN & CRUTCHER LLP
1700 M Street N.W.
Washington, D.C. 20036-4504

and has filed, either by mail or in person, at least twenty-one (21) calendar days prior to the

Settlement Hearing, said objections and supporting papers with the Clerk of the Court, United


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States District Court for the Southern District of New York, Daniel Patrick Moynihan United

States Courthouse, 500 Pearl Street, New York, NY 10007.

       26.     Any Settlement Class Member who does not object in the manner prescribed above

shall be deemed to have waived such objection and shall forever be foreclosed from making any

objection to any aspect of the Settlement, to the Plan of Allocation, or to the Fee and Expense

Application, unless otherwise ordered by the Court, and shall otherwise be bound by the Judgment

to be entered and the releases to be given.

       27.     Settlement Class Members do not need to appear at the hearing or take any other

action to indicate their approval. However, Persons wishing to be heard orally in opposition to the

approval of the Settlement, the Plan of Allocation, and/or the Fee and Expense Application are

required to indicate in their written objection their intention to appear at the hearing. Further,

Persons who intend to object to the Settlement, the Plan of Allocation, and/or the Fee and Expense

Application and desire to present evidence at the Settlement Hearing must include in their written

objections the identity of any witnesses they may call to testify and exhibits they intend to

introduce into evidence at the Settlement Hearing.

       28.     Until otherwise ordered by the Court, the Court stays all proceedings in the Action,

other than proceedings necessary to carry out or enforce the terms and conditions of the Settlement.

Pending final determination of whether the Settlement should be approved, Plaintiff, each and

every Settlement Class Member, and anyone who acts or purports to act on their behalf, shall not

institute, commence, or prosecute any action or proceeding in any court or tribunal which asserts

                                     he Released Defendant Parties.

       29.                                                                                      Fee

and Expense Application shall be filed with the Court and served on or before thirty-five (35)


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calendar days prior to the date set herein for the Settlement Hearing. Any submissions filed in

response to any objections or in further support of the Settlement, the Plan of Allocation, and/or

the Fee and Expense Application shall be filed no later than seven (7) calendar days prior to the

Settlement Hearing.

       30.     No Person who is not a Settlement Class Member or Lead Counsel shall have any

right to any portion of, or to any distribution of, the Net Settlement Fund unless otherwise ordered

by the Court or otherwise provided in the Stipulation.

       31.     All funds held in escrow shall be deemed and considered to be in custodia legis of

the Court, and shall remain subject to the jurisdiction of the Court, until such time as such funds

shall be disbursed pursuant to the Stipulation and/or further order of the Court.

       32.     Neither Defendants, their counsel, nor any of the Released Defendant Parties shall


Litigation Expenses submitted by Lead Counsel or Plaintiff, and such matters will be considered

separately from the fairness, reasonableness, and adequacy of the Settlement. Any order or

                                                                                         Litigation

Expenses, or any appeal from any order relating thereto or reversal or modification thereof, shall

not operate to terminate or cancel the Stipulation, or affect or delay the finality of the Judgment

approving the Stipulation and the settlement of the Action.

       33.     If the Settlement is terminated as provided in the Stipulation, the Settlement is not

approved or consummated for any reason whatsoever, or the Effective Date of the Settlement

otherwise fails to occur, then both the Stipulation (as well as any amendments thereto), except as

otherwise provided therein, this Preliminary Approval Order, and all proceedings had in

connection therewith shall be null and void, of no further force or effect, and without prejudice to


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any Party, and may not be introduced as evidence or used in any actions or proceedings by any

Person or entity against the Parties for any purpose. In any such event, the Parties shall not forfeit

or waive any factual or legal defense or contention in the Action and the Parties shall be deemed

to have reverted to their respective litigation positions in the Action as of May 27, 2026.

       34.     This Order, the term sheet entered into by and between the Parties on May 27, 2026,

the Stipulation (whether or not finally approved or consummated), in addition to the negotiations

of these items and any proceedings taken pursuant to them, do not constitute and shall not be:

               (a)       offered against or received against or to the prejudice of any of the Released

Defendant Parties as evidence of, or construed as, or deemed to be evidence of any presumption,

concession, or admission by any of the Released Defendant Parties with respect to the truth of any

allegation by Plaintiff or the Settlement Class, or the validity of any claim that has been or could

have been asserted in the Action or in any litigation, including, but not limited to, the Released

                     or of any liability, damages, negligence, fault, or wrongdoing of any of the

Released Defendant Parties or any Person or entity whatsoever, or of any infirmity in any of

                     ;

               (b)       offered or received against or to the prejudice of any of the Released

Defendants Parties as evidence of a presumption, concession, or admission of any fault,

misrepresentation, or omission with respect to any statement or written document approved or

made by any of the Released Defendants Parties, or against or to the prejudice of Plaintiff, or any

Settlement Class Member as evidence of any infirmity in the claims of Plaintiff or the Settlement

Class Members;

               (c)       offered or received against or to the prejudice of any of the Released

Defendant Parties, Plaintiff, any Settlement Class Member, or their respective counsel, as evidence


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of a presumption, concession, or admission with respect to any liability, damages, negligence,

fault, infirmity, or wrongdoing, or in any way referred to for any other reason against or to the

prejudice of any of the Released Defendant Parties, Plaintiff, Settlement Class Members, or their

respective counsel, in any other civil, criminal, or administrative action or proceeding, other than

such proceedings as may be necessary to effectuate the provisions of this Stipulation;

               (d)     construed against any of the Released Defendant Parties, Plaintiff, or any

Settlement Class Member, as an admission or concession that the consideration to be given

hereunder represents the amount that could be or would have been recovered after trial; and

               (e)     construed as or received in evidence as an admission, concession, or

presumption against Plaintiff or any Settlement Class Member that any of their claims are without

merit or infirm or that damages recoverable in the Action would not have exceeded the Settlement

Amount.

       35.     The                      entered during this Action relating to the confidentiality of

information shall survive this Settlement.

       36.     The Court retains exclusive jurisdiction over the Action to consider all further

matters arising out of or connected with the Settlement.


DATED this 8th day of July, 2026.
New York, New York

                                                     ____________________________________
                                                     HONORABLE VICTOR MARRERO
                                                     UNITED STATES DISTRICT JUDGE


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