4. The Plaintiff, individually and derivatively on behalf of Abatix (the “Releasor”), is hereby deemed to have forever relinquished and released, and shall be permanently barred from asserting any and all claims, rights or causes of actions or liabilities whatsoever, whether asserted directly, individually, derivatively, or in a representative capacity, whether known or unknown or suspected to exist, and whether based on federal, state or local statutory or common law or any other law, rule or regulation, that have been or could have been asserted in Plaintiff’s Petition or any amendment thereof or by any other holder of Abatix stock against any of the Released Parties (as defined below) which arise out of or relate in any way to the allegations, transactions, acts, facts, matters or occurrences, representations or omissions involved, set forth, referred to in the Petition or any amendment thereof, including but not limited to claims for breach of fiduciary duty, breach of Abatix’s policies or procedures, waste, mismanagement, violations of law, money damages or other relief, but excluding only (i) those claims arising out of the purchase of Abatix common stock that are the subject of the Class Action presently pending in the United States District Court for the Northern District of Texas, and (ii) any claim to enforce the terms of the Stipulation. “Released Parties,” as used herein, means the Defendants in this Derivative Action, or any of them, or any of their present or former officers, directors, employees, agents, attorneys, stockholders, financial advisors, accountants, commercial bank lenders, investment bankers, representatives, affiliates, associates, parents, subsidiaries, general and limited partners and partnerships, heirs, executors, administrators, successors and assigns. |