UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

STATE TREASURER OF THE STATE OF

MICHIGAN, AS CUSTODIAN OF THE

MICHIGAN PUBLIC SCHOOL EMPLOYEES

RETIREMENT SYSTEM, STATE EMPLOYEES'

RETIREMENT SYSTEM, MIC HIGAN STATE

POLICE RETIREMENT SYSTEM, AND MIC HIGAN

JUDGES RETIREMENT SYSTEM,

Plaintiff,

V.

TYCO INTERNATIONAL LTD., COVIDIEN LTD.,

TYCO ELECTRONICS LTD., L. DENNIS KOZLOWSKI,

MARK H. SWARTZ, MARK A. BELNICK,

FRANK E. WALSH, JR., PRICEWATERHOUSECOOPERS,

AND PRICEWATERHOUSECOOPERS, LLP ,

Defendants.

Civil Action No. :

08-CV-01340-PB

AGREED ORDER AND FINAL JUDGMENT OF DISMISSAL AGAINST

DEFENDANTS TYCO INTERNATIONAL LTD ., TYCO ELECTRONICS LTD ., AND

MARK A. BELNICK. COVIDIEN LTD. AND BAR ORDER

State Treasurer Of The State Of Michigan, as Custodian Of The Michigan Public School

Employees Retirement System, State Employees' Retirement System, Michigan State Police

Retirement System, and Michigan Judges Retirement System ("Plaintiff') and Defendants Tyco

International Ltd ., Tyco Electronics Ltd ., Mark A. Belnick and Covidien Ltd . (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 :

1 . 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 H . Swartz,

Frank E. Walsh, Jr., and PricewaterhouseCoopers LLP (collectively, the "Non-Settling

Case 1:08-cv-01340-PB Document 10 Filed 06/09/09 Page 1 of 2
Defendants"), and each of them, are hereby permanently barred, enjoined, and restrained from

commencing, prosecuting, or asse rting 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 fo rth

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 Se ttling Party is hereby permanently

barred, enjoined, and restrained from commencing, prosecuting, or asse rting 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 Plaintiff against the Settling Parties, all claims asserted by

Plaintiff 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-Se ttling Defendants.

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

against Defendants Tyco International Ltd ., Tyco Electronics Ltd., Mark A. Belnick and

Covidien Ltd. and Bar Order as a final judgment and send a copy of same to all counsel of

record.

IT IS SO ORDERED . Enter: 6/ 9/200 9

JsJ Paul Barbador o

The Hon. Paul Barbadoro

United States District Judg e

cc : Counsel of Record

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