STIPULATION AND AGREEMENT OF SETTLEMENTStipulation and Agreement of Settlement • April 25th, 2023
This Stipulation and Agreement of Settlement, dated as of April , 2023 (the “Stipulation”) is entered into between (a) Lead Plaintiffs Joseph Noto, Garden State Tire Corp., and Stephens Johnson (“Plaintiffs”), on behalf of themselves and the Settlement Class (defined below);1 and (b) defendant 22nd Century Group, Inc. (“22nd Century”), and defendants Henry Sicignano, III (“Sicignano”) and John Brodfuehrer (“Brodfuehrer” and, together with Sicignano, the “Individual Defendants,” and together with 22nd Century, “Defendants”), and embodies the terms and conditions of the settlement of the above-captioned action (the “Action”). Subject to the approval of the Court and the terms and conditions expressly provided herein, this Stipulation is intended to fully, finally, and forever compromise, settle, release, resolve, and dismiss with prejudice the Action and all claims asserted therein against Defendants as set forth below.