- 26 - 3. Litigation Settlement; Expense Reimbursement; Releases; Termination of Voting Trust Agreement. (a) * * * Ormet will pay to Bradley, by wire transfer of immediately available funds to an account specified to Ormet in writing, (i) $12 million (the “Bradley Litigation Settlement Price”) in settlement of all direct claims (“Direct Claims”) by Bradley against Ormet, whether relating to the Litigations or otherwise, including but not limited to those libel and slander claims described in that certain letter from Herbert Bennett Conner to Charles E. Bachman dated August 11, 1995, and (ii) $4 million as reimbursement of legal fees and expenses related to the Litigations (the “Litigation Reimbursement”).[28] (b) Each Member hereby acknowledges that any claims against the Defendants or the Other Litigations Parties other than the Direct Claims have no value, and that no payment is being made to any Member in settlement of, or otherwise with respect to, such claims. Mr. Conner testified that the Settlement Term Sheet providing for the $12 million payment related only to the settling of petitioner’s filed direct claims against Ormet, not to any libel or slander suits. Further, Mr. Dixon stated that there were no documents regarding petitioner’s physical injuries available when Mr. Dixon gave a tax opinion regarding the settlement. Mr. Bachman testified that he did not spend any time defending Oralco against any personal injury claims because petitioner never filed any claims against it. Mr. Boyle, Mr. 28 The Aug. 11, 1995, letter written by Mr. Conner and referred to in Mr. Bachman’s testimony was attached to petitioners’ opening brief, but petitioners never offered it into evidence. Petitioners are not permitted to supplement the evidence to include this letter by merely attaching it as an exhibit to their brief. Accordingly, the Court will disregard this document. See also supra note 25.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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