Scheduling Order for Settlement Hearing in Strategic Asset Management, Inc. v. N-Viro International Corporation et al.

Contract Categories: Business Operations › Settlement Agreements
Summary

This order, issued by the Delaware Court of Chancery, sets a hearing date for the proposed settlement of a lawsuit involving Strategic Asset Management, Inc. (on behalf of N-Viro International Corporation) and several individual defendants. The order requires N-Viro to mail a notice of the settlement to its shareholders within seven days. The hearing, scheduled for October 14, 2004, will allow shareholders to raise objections to the settlement. The order is signed by the attorneys for both parties and approved by Vice Chancellor John W. Noble.

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EX-10.1 2 doc2.txt Exhibit 10.1 - ----------- GRANTED IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STRATEGIC ASSET MANAGEMENT, INC., derivatively and on behalf of N-VIRO INTERNATIONAL CORPORATION, a C.A. No.: 20360 Delaware Corporation, Plaintiffs, v. J. PATRICK NICHOLSON, MICHAEL NICHOLSON, TERRY J. LOGAN, BOBBY B. CARROLL, PHILLIP LEVIN, DANIEL J. HASLINGER and B.K. WESLEY COPELAND, Defendants, and N-VIRO INTERNATIONAL CORPORATION, a Delaware Corporation, Nominal Defendant. SCHEDULING ORDER ---------------- The parties have informed the Court that they have reached a proposed settlement of this matter. The parties have submitted to the Court a proposed Notice of Settlement to Shareholders ("the Notice"), which describes this matter and the proposed settlement. The Court finds that the Notice gives shareholders fair notice of this matter and the proposed terms of settlement, and the Court has signed the Notice. Accordingly, it is agreed between the parties that: On October 14, 2004 at 10:00 a.m., the Court shall hold a hearing on the proposed settlement, at which time all objections to the proposed settlement will be considered. Within seven days of the execution of this Order, N-Viro shall mail the Notice to its shareholders as of August 25, 2004.
SNYDER & ASSOCIATES, P.A.. . SAUL EWING LLP /s/ Bayard J. Snyder . . . . /s/ Michael F. Bonkowski Bayard J. Snyder, Esquire. . Michael F. Bonkowski, Esquire DE#175 . . . . . . . . . . . DE #2219 300 Delaware Ave., Ste. 1014 222 Delaware Ave., Ste. 1200 P.O. Box 90. . . . . . . . . P.O. Box 1266 Wilmington, DE 19899 . . . . Wilmington, DE 19899 ###-###-#### ###-###-#### Attorney for Plaintiff . . . Attorney for All Defendants - ---------------------------- -----------------------------
SO ORDERED THIS _____ day of August 2004. The Honorable John W. Noble Vice Chancellor Court: DE Court of Chancery Judge: John Noble LexisNexis File & Serve Reviewed Filing ID: 4097692 Date: 8/25/2004 Case Number: 20360 Case Name: Strategic Asset Management Inc et al vs N Viro International Corp /s/ Judge John Noble