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-22- <br />date that is eight years from the Plan Implementation Date (the "WARN <br />Entitlement"); <br />b) The WARN Payment and the WARN Entitlement are to be paid to WARN <br />Class Counsel; <br />c) Certain reasonable fees, costs and expenses will be funded out of the WARN <br />Payment and the WARN Entitlement in amounts to be determined by agreement <br />between WARN Class Counsel and representative plaintiffs in the WARN Act <br />Class Action; and <br />d) WARN Class Counsel will be responsible for distributing the remainder of the <br />WARN Payment and the WARN Entitlement to the WARN Act Plaintiffs. <br />72. In addition to the above, the Plan was amended to facilitate the terms of <br />settlement agreed to by the Applicants and WARN Class Counsel, including with respect to (a) <br />distribution mechanics and (b) the manner in which the WARN Act Class Action is to be <br />terminated and discontinued in respect of the Applicants forthwith following the implementation <br />of the Amended and Restated Plan. <br />73. As more particularly described above, the Amended and Restated Plan is in <br />compliance with the amendment provisions provided for in the Plan and the Meeting Order. <br />74. The Monitor notes that the amendments contained in the Amended and Restated <br />Plan do not impact the consideration to be received by Affected Unsecured Creditors under the <br />Plan. Additionally, the Monitor is advised that Marret (on behalf of the Secured Noteholders), <br />supports the Amended and Restated Plan. Furthermore, by way of the WARN Act Resolution, <br />