FEES,
AND ANY OTHER COSTS, EXPENSES OR LIABILITY WHATSOEVER), WHETHER BASED ON
FEDERAL, STATE, LOCAL, STATUTORY OR COMMON LAW OR ANY OTHER LAW, RULE OR
REGULATION, WHETHER FIXED OR CONTINGENT, ACCRUED OR UN-ACCRUED, LIQUIDATED OR
UN-LIQUIDATED, AT LAW OR IN EQUITY, MATURED OR UN-MATURED, WHETHER CLASS OR
INDIVIDUAL IN NATURE, INCLUDING BOTH KNOWN CLAIMS AND UNKNOWN CLAIMS (AS DEFINED
HEREIN), (I) THAT HAVE BEEN ASSERTED IN THIS ACTION BY THE CLASS MEMBERS OR ANY
OF THEM AGAINST ANY OF THE RELEASED PARTIES,
OR (II) THAT COULD HAVE BEEN ASSERTED IN ANY FORUM BY THE CLASS MEMBERS OR ANY
OF THEM ON BEHALF OF THE CLASS AGAINST ANY OF THE RELEASED PARTIES WHICH ARISE
OUT OF, ARE RELATED TO, OR ARE BASED UPON THE ALLEGATIONS, TRANSACTIONS, FACTS,
MATTERS OR OCCURRENCES, REPRESENTATIONS OR OMISSIONS INVOLVED, SET FORTH, OR
REFERRED TO IN THE COMPLAINT AND WHICH RELATE TO THE PURCHASE, SALE OR OWNERSHIP
OF THE SECURITIES OF BIOVAIL DURING THE CLASS PERIOD.
(Y)
"SETTLED DEFENDANTS' CLAIMS" MEANS ANY AND ALL CLAIMS, RIGHTS OR
CAUSES OF ACTION OR LIABILITIES WHATSOEVER, WHETHER BASED ON FEDERAL, STATE,
LOCAL, STATUTORY OR COMMON LAW OR ANY OTHER LAW, RULE OR REGULATION, INCLUDING
BOTH KNOWN CLAIMS AND UNKNOWN CLAIMS (AS DEFINED HEREIN), THAT HAVE BEEN OR
COULD HAVE BEEN ASSERTED IN THE ACTION OR ANY FORUM BY ANY OR ALL OF THE
RELEASED PARTIES AGAINST ANY OF THE LEAD PLAINTIFFS, ANY OF THE OTHER NAMED
PLAINTIFFS IN THESE CONSOLIDATED ACTIONS OR ANY OF THEIR ATTORNEYS, WHICH ARISE
OUT OF OR RELATE IN ANY WAY TO THE INSTITUTION, PROSECUTION, OR SETTLEMENT OF
THE ACTION (EXCEPT FOR CLAIMS THAT ARISE OUT OF, OR ARE PURSUANT TO, THE
PROVISIONS OF THIS SETTLEMENT).
(Z)
"SETTLEMENT" MEANS THE SETTLEMENT CONTEMPLATED BY THIS
STIPULATION.
(AA)
"SETTLEMENT AMOUNT" MEANS THE AMOUNT SPECIFIED IN ¶ 4 HEREIN.
(BB)
"TAXES" MEANS COLLECTIVELY (I) ANY AND ALL TAXES, DUTIES AND
SIMILAR CHARGES (INCLUDING ANY ESTIMATED TAXES, WITHHOLDINGS, INTEREST OR
PENALTIES AND INTEREST THEREON) ARISING IN ANY JURISDICTION WITH RESPECT TO THE
INCOME OR GAINS EARNED BY OR IN RESPECT OF THE GROSS SETTLEMENT FUND, INCLUDING,
WITHOUT LIMITATION, ANY TAXES OR TAX DETRIMENTS THAT MAY BE IMPOSED UPON THE
DEFENDANTS OR THEIR COUNSEL WITH RESPECT TO ANY INCOME EARNED BY THE GROSS
SETTLEMENT FUND FOR ANY PERIOD DURING WHICH THE GROSS SETTLEMENT FUND MAY BE
FINALLY DETERMINED TO NOT QUALIFY AS A QUALIFIED SETTLEMENT FUND (WITHIN THE
MEANING CONTEMPLATED IN PARAGRAPH 5(B) HEREIN) FOR FEDERAL OR STATE INCOME TAX
PURPOSES OR ANY DISTRIBUTION OF ANY PORTION OF THE GROSS
SETTLEMENT FUND TO AUTHORIZED CLAIMANTS AND OTHER PERSONS ENTITLED HERETO
PURSUANT TO THIS STIPULATION AND (II) EXPENSES AND COSTS INCURRED IN CONNECTION
WITH THE TAXATION OF THE GROSS SETTLEMENT FUND (INCLUDING, WITHOUT LIMITATION,
EXPENSES OF TAX ATTORNEYS AND ACCOUNTANTS).
(CC)
"UNKNOWN CLAIMS" MEANS ANY AND ALL SETTLED CLAIMS WHICH ANY LEAD
PLAINTIFF OR OTHER CLASS MEMBER DOES NOT KNOW OR SUSPECT TO EXIST IN HIS, HER OR
ITS FAVOR AT THE TIME OF THE RELEASE OF THE RELEASED PARTIES,