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w <br />WFYEREAS, Reorgmized CFB I'a aucwsful pursuit of nummary judgment in the <br />Adversary Proceeding nerved p the catalyst for the Settlement agreement, end <br />WI•ERBAS, Rmrgmized CF&I hp pursued recovery of such movie on behalf of end <br />for the exclusive beoeft of the Retiree; end <br />WFBsREAS, Reorganized CF&I hu expended considerable rpource to pay the legal <br />(ee and expepp necgsery to prevail in the litigstioo of this matter and m finalize ue overall <br />settlement of all ouulnnding maven on terms favorable to the Retiree; and <br />WI~RBAS, the Settlement Agreement is specifically contingent upon the approval of <br />the United Sutp Bmlwptcy Court for the District of Uteh io which the CFBeI Steel Corporation <br />benkrupuy we is pending (ue'Bmkroptcy Coun'); <br />NOW T[~.RBFORE, in wmiderntion of We mumel covensnu wntained herein, and <br />other good and valuable eomiderelioR the putia hereby egrce u follows. <br />SetiafecLOn of Rggg nizrd Fda's e¢el Fsneap. The putie agree that the <br />foul sum of 5197,797.17, plw any interpt which may name on such amount, subsequent m the <br />deposit of Wa Settlement Amount into the ecrow nccouot published pursuant to the E•crow <br />Agreement between Reorganized CF&1, F.quiuble, Colorado National Bmk, and CGLIC dated <br />Oclober,~ 1996 (the'Pacrow Agreement"), shell be paid b Reorganized CF&1 p <br />reimbursement of iu Iegel fee and expense inasmA in coooectioo with iu pursuit of cleima on <br />behalf of We Retiree against Fquiuble and CGLIC. Although the ecrosl fns end expense <br />intoned by Reorgmized CF&I rare subsuntielly io exws of 5197,797.17, Reorganized CF&1 <br />agree that it will not neck furthu rcimburaemeel of the remsioing fee and expense. <br />Di.tri6 ~ inn of N t c I m m Pm ws... R. irep. The partiq agree that the net <br />settlement proceeds of 5547,802.87, plw any interpt which may accrue on each amount <br />subsequent to the deposit of the Settlement Amount inm the euow eccaunt published pursuant <br />to the Facrow Agreement, shell be distributed among the Refuse pursuant m • mumelly <br />agreeable distribution elm to be determined and eppmved by the Banlcnsplcy Court. <br />Anorovd of Be^tnrotcv C.+L. This Agreement is aubjem m sppmval by the <br />Benlwptcy Coup. In m effort m obtain each approval, Reorganized CF&I nhsll file with the <br />Banlwptcy Coup, u soon p prectiuble aftu exewtion of this Agramen4 the documenu <br />oeceaaery to obuio ouch approvsl and m provide the appropriste notice b ell Retiree who may <br />hove ee interpt in the settlement proceeds. <br />1. IICWA Suooon. The USWA agree that it will join with Raorgmiud CF&1 in <br />seeking the Bmluuptcy Court's approval of this Agreement. <br />By the'v natation hereof, ech individual signing this sgraement reprpenu that <br />he has full power and authority m exetuu thin Agreement on behalf of the Party for whom he is <br />signing, and that all necessary approvals sad nuthoriufiom have ban obtained from ouch Perry <br />no p m rcoder Chia Agreement binding and enforceable p to each Party. The individual signing <br />on behalf of the US W A rcprpmu that hdshe is wthoriuA b execute this Agreement on behalf <br />of the USWA only sad speoifiully sofa that hdshe is not authorized m ezecuu Chia Agreement <br />on behalf of nay individual Retiree or group of Retirees. <br />6. This Agreement may be exemsted in duplicate counterparts, pch of which shall be <br />on original, but all of which when wmbinad with the oven shall wmlimte one origind. <br />ro~~. ovw m«. ~rrr <br />