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IN RE ADAPTIVE BROADBAND SECURITIES LITIGATION

August 6, 2004.

In re ADAPTIVE BROADBAND SECURITIES LITIGATION. This Document Relates to: ALL ACTIONS.


The opinion of the court was delivered by: SAMUEL CONTI, Senior District Judge

CLASS ACTION

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

This matter came before the Court for hearing pursuant to the Court's Order Preliminarily Approving Settlement and Directing Notice to the Class, dated March 25, 2004 (the "Preliminary Approval Order") in the above-captioned consolidated action (the "Litigation"), and on plaintiff's motions for (1) approval of the settlement set forth in the Stipulation of Settlement dated as of December 12, 2003 (the "Stipulation"), (2) approval of the Plan of Allocation of settlement proceeds and (3) an award of attorneys' fees and reimbursement of expenses to plaintiff's counsel. Due and adequate notice having been given to the Class as required in the Preliminary Approval Order, and the Court having considered all papers filed in connection with the settlement and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

  1. This Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation, as follows:

  a. "Adaptive" means AB Liquidating Corporation, formerly known as Adaptive Broadband Corporation.

  b. "Authorized Claimant" means any Class Member whose claim for recovery has been allowed pursuant to the terms of the Stipulation.

  c. "Claims Administrator" means the firm of Berdon Claims Administration LLC.

  d. "Class" means all Persons (other than those Persons who timely and validly request exclusion from the Class) who purchased or otherwise acquired the publicly traded securities of Adaptive during the Class Period, and who were injured thereby, excluding Defendants, and persons and entities related to Defendants, including any subsidiaries or affiliates of Adaptive, the officers and directors of Adaptive during the Class Period, members of Defendants' immediate families, any person, firm, trust, officer, director or any individual or entity in which any of the Defendants has a controlling interest or which is related to, or affiliated with, any of the Defendants, and the legal representatives, agents, affiliates, heirs, successors-in-interest or assigns of any such excluded party.

  e. "Class Member" means a Person who falls within the definition of the Class.

  f. "Class Period" means the period between August 10, 2000 and March 15, 2001, inclusive.

  g. "Defendants" means Frederick D. Lawrence, Donna S. Birks, Daniel L. Scharre, Peter J. Maloney and Adaptive.

  h. "Effective Date" means the first date by which this Judgment becomes final by the expiration of the time to file a motion to alter or amend the Judgment under Fed.R. Civ. P. 59(e) has passed without any such motion having been filed; (ii) the expiration of the time in which to appeal the Judgment has passed without any appeal having been taken; and (iii) if such motion to alter or amend is filed or if an appeal is taken, then upon the determination of that motion or appeal in such a manner as to permit the consummation of the settlement substantially in accordance with the terms and conditions of this Stipulation.

  i. "Escrow Agent" means the law firm of Abbey Gardy, LLP, or its successor(s).

  j. "Individual Defendants" means Daniel Scharre, Frederick D. Lawrence, Donna S. ...


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