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Emulex Says Shareholder Litigation Dismissal Hearing Scheduled

It concerns the withdrawn acquisition proposal by Broadcom.

Emulex Corporation has entered into a Stipulation And Agreement Of Dismissal Of Certain Claims As Being Moot And Of All Other Claims, And As To Award Of Attorneys’ Fees (the Stipulation), dated August 16, 2010.

The Stipulation provides for the dismissal of all claims asserted in a previously disclosed litigation regarding Emulex’s response to a subsequently withdrawn acquisition proposal by Broadcom Corporation, entitled In Re Emulex Corporation Shareholders Litigation, 4536-VCS, pending in the Court of Chancery of the State of Delaware.

This stipulation supersedes the stipulation previously filed by the parties on July 9, 2010. The dismissal of the action and plaintiffs’ application for an award of attorneys’ fees are subject to approval of the Court.

The Court has scheduled a hearing for October 4, 2010, to be held at the Court of Chancery, 34 King Street, Wilmington, Delaware 19801, at 10 a.m., for the purpose of hearing and determining any objections to the proposed dismissal of the lawsuit and the application of plaintiffs’ attorneys for an award of attorneys’ fees and expenses.

Read also:
Hostile Bid by Broadcom to Acquire Emulex
For $764 million in cash

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