As more fully described in a Form 8-K being filed today by On2 and as disclosed in the registration statement on Form S-4, as amended (the "Registration Statement"), which Google intends to file with the Securities and Exchange Commission (the "SEC") on or about October 26, 2009, On2 and the On2 board of directors and the plaintiffs to each of the Delaware Action and the New York Action entered into a memorandum of understanding ("MOU") on October 23, 2009 contemplating the settlement of all claims in each of the Delaware Action and the New York Action.

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