Heng Ren Silk Road Investments LLC et al v. Sino Agro Food, Inc. et al

Filing 111

JUDGMENT APPROVING SETTLEMENT AND DISMISSING WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: This Approval Order and Judgment ("Order") incorporates by reference the definitions in the Settlement, and all capitalized terms used herein shall have the same meanings as set forth in the Settlement (in addition to those capitalized terms defined herein). The Court finds that the terms of the Settlement are fair, reasonable and adequate as to each of the Parties, and h ereby finally approves the Settlement in all respects, and orders the Parties to perform its terms to the extent the Parties have not already done so. This Derivative Suit and all claims contained therein are dismissed with prejudice. As among Plaint iffs, the Individual Defendants and SIAF, the parties are to bear their own costs. The Court incorporates by reference its statements on the record during the fairness hearing held earlier this afternoon. And as set forth herein. The Clerk of Court is directed to close this case. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 10/13/2020) (ama)

Case 1:19-cv-02680-JMF Document 111 Filed 10/13/20 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

ARNE H. FREDLY,
HENG REN SILK ROAD INVESTMENTS
LLC, HENG REN INVESTMENTS LP,
derivatively on behalf of SINO AGRO FOOD,
INC.,
Case No. 19-cv-02680 (JMF)
Plaintiffs,
v.
SINO AGRO FOOD, INC., LEE YIP KUN
SOLOMON, TAN POAY TEIK, CHEN BOR
HANN, LIM CHANG SOH.,
Defendants,
and
SINO AGRO FOOD, INC.,
Nominal Defendant

[PROPOSED] JUDGMENT APPROVING SETTLEMENT AND DISMISSING WITH
PREJUDICE
This matter came before the Court for hearing pursuant to Plaintiffs’ Motion for Final
Approval of the Derivative Settlement set forth in the Proposed Settlement, dated June 27, 2020
(the “Settlement”). Due and adequate notice having been given of the Settlement, and the Court
having considered all papers filed and proceedings had herein, and otherwise being fully informed
in the premises and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED
AND DECREED as follows:

Case 1:19-cv-02680-JMF Document 111 Filed 10/13/20 Page 2 of 3

1. This Approval Order and Judgment (“Order”) incorporates by reference the definitions in
the Settlement, and all capitalized terms used herein shall have the same meanings as set
forth in the Settlement (in addition to those capitalized terms defined herein).
2. The Court finds that the notice provided to SIAF shareholders was the best notice
practicable under the circumstances of these proceedings and of the matters set forth therein,
including the Settlement, to all Persons entitled to such notice. The notice fully satisfied
the requirements of Federal Rule of Civil Procedure 23.1 and the requirements of due
process.
3. The Court finds that the terms of the Settlement are fair, reasonable and adequate as to each
of the Parties, and hereby finally approves the Settlement in all respects, and orders the
Parties to perform its terms to the extent the Parties have not already done so.
4. This Derivative Suit and all claims contained therein are dismissed with prejudice. As
among Plaintiffs, the Individual Defendants and SIAF, the parties are to bear their own
costs.
5. As of the date of this order, SIAF, SIAF shareholders, and the Plaintiffs (acting on their
own behalf and derivatively on behalf of SIAF) shall be deemed to have, and by operation
of this order shall have, fully, finally, and forever released, relinquished, discharged, and
dismissed with prejudice the claims against the Defendants in the Derivative Suit; provided,
however, that nothing herein shall in any way release, waive, impair, or restrict the rights
of any Party to enforce the terms of the Settlement.
6. Without affecting the finality of this order, the Court retains exclusive jurisdiction over the
Derivative Actions to consider all further matters arising out of or connected with the
Settlement.

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