6
Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 1 of 6

Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Embed Size (px)

DESCRIPTION

In this settlement is the Hopkins Declaration which ABAT has agreed to. The Terms are as follows.A. Advanced Battery and the Individual Defendants shallestablish a Financial Reconciliation Committee whose function is tooversee and establish rules to ensure that the Company’s year-end,publicly filed financial statements, whether filed with regulators in theU.S. or China, are consistent with one another to the extent requiredunder applicable accounting rules and regulations and/or identify anymaterial discrepancies among such filings with sufficient information todetermine the basis for such discrepancies.B. Advanced Battery and the Individual Defendants shallestablish a Related Transactions Committee to oversee and establishrules to ensure that any Company transaction is properly vetted for thepurpose of identifying and disclosing any related parties.C. Advanced Battery and the Individual Defendants shalladopt a policy that requires the Company’s substantive press releases tobe reviewed by: (a) the Company’s CEO or the CEO’s designee, and; (b)the Company’s general counsel or outside counsel to the extent anyperson holds such position(s).Case 1:11-cv-04383-CM Document 10 Filed 10/16/13 Page 9 of 19- 5 -D. All material litigation, SEC or governmentinvestigations, government enforcement actions, or threatenedgovernment enforcement actions involving the Company, its directors orofficers, will be publicly disclosed within seven (7) days.E. Advanced Battery and the Individual Defendants will setup a toll free voice mail box for anonymous complaints or commentsfrom employees. The Company’s counsel shall monitor the mail boxand report monthly, in writing, to the independent directors the substanceof the messages and the status of the investigation of such messages.[Stipulation, ¶1].

Citation preview

Page 1: Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 1 of 6

Page 2: Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 2 of 6

Page 3: Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 3 of 6

Page 4: Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 4 of 6

Page 5: Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 5 of 6

Page 6: Preliminary Settlement Approval of ABAT's Derivative Case With Braun and Blumka

Case 1:11-cv-04383-CM Document 12 Filed 10/18/13 Page 6 of 6