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Katherine and Damian. Pursuant to the settlement agreement, the
parties agreed that Maritz Inc. would redeem the Hobler family
voting shares for about $65 million and would settle any and all
claims of Katherine and Damian (including any claims arising from
the termination of the vendor/customer relationship between
Maritz Inc. and Katherine, Damian, or First Capitol) for
$750,000, to be paid “to the Persons and in the amounts set forth
on Schedule III”.3 Schedule III to the settlement agreement
3 Sec. 11.03 of the settlement agreement (wherein Maritz
Inc. is referred to as Maritz) provides in relevant part:
Upon receipt of the sum of $750,000 to be paid by
Maritz * * * to the Persons and in the amounts set
forth on Schedule III hereto * * *, and for other good
and valuable consideration the receipt of which hereby
is acknowledged, the Sellers, Jean Maritz Hobler, Wells
A. Hobler, Katherine A. Hobler, Leigh Hobler Gerard and
Damian Gerard (the “Releasing Parties”) and each of
them, hereby release and forever discharge each member
of the William E. Maritz Family, Maritz * * * and each
past, present and future officer, director,
shareholder, employee and agent of Maritz (collectively
the “Released Parties”) from any and all manner of
claims, demands, damages, losses, expenses, causes of
action, debts, liabilities, controversies, judgments
and suits of every kind and nature whatsoever,
foreseen, unforeseen or unforeseeable, known or
unknown, resulting or to result, now known or which may
hereafter be discovered, which the Releasing Parties
and each of them, now or in the future may have or hold
or at any time heretofore had or held against the
Released Parties, or any of them, resulting from or
arising out of or in connection with or based on any
facts, causes, matters or things existing from the
beginning of the world, to the time of consummation of
the Initial Closing, including by way of enumeration
and not in limitation hereof, all causes, matters or
things arising out of or in connection with (a)
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