Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 243-5

Filed 01/26/2007

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EXHIBIT 4

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Case 1:04-cv-01006-RPM

Document 243-5

Filed 01/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

SPECIAL SITUATIONS FUND III, L.P., SPECIAL SITUATIONS CAYMAN FUND, L.P., SPECIAL SITUATIONS TECHNOLOGY FUND NEW, L.P., and SPECIAL SITUATIONS TECHNOLOGY FUND II, L.P., on behalf of themselves and others similarly situated, Plaintiffs, v. QUOVADX, INC., LORINE R. SWEENEY, GARY T. SCHERPING, JEFFREY M. KRAUSS, FRED L. BROWN, J. ANDREW COWHERD, JAMES B. HOOVER, CHARLES J. ROESSLEIN, and JAMES A. GILBERT, Defendants.

Civil Action No. 1:04-cv-01006-RPM

SUMMARY NOTICE

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Case 1:04-cv-01006-RPM

Document 243-5

Filed 01/26/2007

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TO:

ALL PERSONS WHO ACQUIRED NEWLY ISSUED QUOVADX COMMON STOCK PURSUANT TO QUOVADX'S EXCHANGE OFFER FOR ALL OUTSTANDING SHARES OF ROGUE WAVE SOFTWARE, INC., WHICH ACQUISITION OCCURRED ON DECEMBER 19, 2003 YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District

Court for the District of Colorado, that a hearing will be held on May 4, 2007, at _____ __.m., before the Honorable Richard P. Matsch at the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado 80202, for the purpose of determining (1) whether the proposed settlement of the claims in this class action lawsuit for the sum of $7,800,000 in cash should be approved by the Court as fair, reasonable, and adequate to Members of the Class; (2) whether, thereafter, this lawsuit should be dismissed with prejudice as set forth in the Stipulation of Settlement dated as of January 26, 2007; and (3) whether the Plan of Allocation proposed by Lead Plaintiffs is fair, reasonable, and adequate and therefore should be approved. If the Court approves the settlement, the Court will set a separate hearing to consider whether the application of Lead Counsel for the payment of attorneys' fees and reimbursement of expenses incurred in connection with this Action should be approved. If you acquired newly issued Quovadx common stock pursuant to Quovadx's exchange offer for all outstanding shares of Rogue Wave Software, Inc., which occurred on December 19, 2003, your rights may be affected by the settlement of this lawsuit. If you have not received a detailed Notice of Proposed Settlement of Class Action and a copy of the Claim Form and Release, you may obtain copies by calling or writing to Quovadx Claims Administrator at: Special Situations Fund III, L.P. et al. v. Quovadx, Inc. et al. c/o A.B. Data, Ltd. Settlement Administrator P.O. Box 170500 Milwaukee, WI 53217 (800) 983-6533 http://www.abdatalawserve.com

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Case 1:04-cv-01006-RPM

Document 243-5

Filed 01/26/2007

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If you are a Class Member and wish to share in the distribution of the settlement fund, you must submit a Claim Form and Release postmarked no later than April 16, 2007, establishing that you are entitled to recovery. If you desire to be excluded from the Class, you must submit a Request for Exclusion postmarked by March 16, 2007, in the manner and form explained in the detailed Notice referred to above. All Members of the Class who have not requested exclusion from the Class will be bound by any judgment entered in the lawsuit pursuant to the parties' Stipulation of Settlement. Any objection to the settlement must be delivered or mailed such that it is delivered or postmarked no later than March 16, 2007, to the following: Clerk of the Court: United States District Court for the District of Colorado Alfred A. Arraj United States Courthouse 901 19th Street, Room A-105 Denver, CO 80294-3589 Counsel for Lead Plaintiff: Lawrence M. Rolnick, Esq. LOWENSTEIN SANDLER, PC 65 Livingston Avenue Roseland, NJ 07068 Counsel for Quovadx, Inc.: Michael T. Williams, Esq. WHEELER TRIGG KENNEDY LLP 1801 California Street, Suite 3600 Denver, CO 80202

PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. If you have any questions about the settlement, you may contact Lead

Plaintiffs' counsel at the address listed above. DATED:________________ BY ORDER OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

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