UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

NUVEEN BALANCED MUN . & STOCK FUND,

et al.,

08-CV-01338-PB

Plaintiffs,

V . MDL 1335

TYCO INTERNATIONAL LTD., et at ,

Defendants.

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST

DEFENDANTS 7°YCO INTERNATIONAL LTD ., TYCO ELECTRONICS LTD.

COVIDIEN LTD., COVIDIEN (US), AND BAR ORDE R

Plaintiffs Nuveen Balanced Municipal And Stock Fund, Nuveen Balanced Stock And

Bond Fund, Nuveen Large-Cap Value Fund, and Nuveen Rittenhouse Growth Fund and

Defendants Tyco International Ltd ., Tyco Electronics Ltd ., Covidien Ltd . and Covidien (U.S.)

(each of them a "Settling Party" and collectively, the "Settling Parties"), having represented to

the Court that they have entered into a settlement agreement that resolves all issues between and

among them in the Complaint, and for good cause shown, the Court ORDERS :

l . Pursuant to Section 21D(f)(7)(A) of the Private Securities Litigation Reform Act

of 1995,15 U.S.C. § 78u-4(f)(7)(A): (a) defendants L . Dennis Kozlowski, Mark U. Swartz and

Frank E. Walsh, Jr. (collectively, the "Non-Settling Defendants"), and each of them, are hereby

permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any

claim for or otherwise seeking contribution against any Settling Party based upon, relating to, or

arising out of the subject matter, allegations, transactions, facts, matters, occurrences ,

representations or omissions alleged, involved, set forth or referred to in the Complaint in this

suit; and (b) except as provided in paragraph 5(c) of the accompanying Settlement Agreement

and Release, each Settling Party is hereby permanently barred, enjoined, and restrained from

Case 1:08-cv-01338-PB Document 17 Filed 07/14/09 Page 1 of 4
commencing, prosecuting, or asserting any claim for or otherwise seeking contribution for any

amount paid in connection with this action against any other person based upon, relating to, or

arising out of the subject matter, allegations, transactions, facts, matters, occurrences ,

representations or omissions alleged, involved, set forth or referred to in the Complaint in the

suit.

2. Because there is no just reason for the delaying the entry of a final judgment with

respect to the claims asserted by Plaintiffs against the Settling Parties, all claims asserted by

Plaintiffs against the Settling Parties in the Complaint are DISMISSED WITH PREJUDICE

pursuant to Federal Rule of Civil Procedure 54(b). This action is not dismissed with respect to

any claims against the Non-Settling Defendants .

3 . The Clerk is directed to enter this Agreed Order and Final Judgment of Dismissal

against Defendants Tyco International Ltd., Tyco Electronics Ltd ., Covidien Ltd . and Covidien

(U.S.) and Bar Order as a final judgment and send a copy of same to all counsel of record .

IT IS SO ORDERED .

Enter: 07 / 14 / 2009

/s/ Paul Barbadoro

The Hon. Paul Barbadoro

United States District Judge

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Case 1:08-cv-01338-PB Document 17 Filed 07/14/09 Page 2 of 4
We ask for this:

ls! Edward A. Haffer

Edward A. Haffer, Esq.

N.H. Bar #1052

SHEEHAN PHINNEY BASS & GREEN, P.A.

1000 Elm Street, 11th floor

Manchester, NH 0310 1

Elizabeth F . Edwards, Esq.

MCGUIREWOODS LLP

One James Cente r

901 East Cary Street

Richmond, VA 23219

Counsel for Tyco International Ltd, Tyco Electronics Ltd., Covidien, Ltd. and Covidien (US.)

/s/ Edward A. Haffer for

Steven E. Fineman, Esq.

Daniel P. Chiplock, Esq.

Michael Miarmi, Esq .

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

250 Hudson Street, 8th Floor

New York, NY 1001 3

Counselfor Plaintiffs

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Case 1:08-cv-01338-PB Document 17 Filed 07/14/09 Page 3 of 4
CERTIFICATE OF SERVICE

I certify that copies of the foregoing were served this date on the attached Service List

through ECF or by mail for those on the list who do not have an ECF Registration .

JsJ Edward A. Haffer

Edward A. Haffer

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