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~9~~~/ <br />T~`~~~t <br />UNITED STATES BANHI2[IPTCY COURT `~ <br />FOR THE DISTRICT OF COLORADO <br />In re: ) <br />) Case No. <br />P.GILE STONE SYSTEMS, INC. } <br />Fed. LD. # ~ ~ ~ } <br />Chapter 11 <br />Debtor. ) <br /> } <br />COLORADO MATERIALS ) <br />HOLDING CORP., ) <br />Fed. I.D. # ) <br /> <br />Debtor. ) <br /> <br />Case No. <br />Chapter 11 <br />RECEIVED <br />MAY 0 l ~} d <br />Otvldea o} Minerelelead peolopy <br />NOTICE PURSUANT TO LOCAL BANHI2UPTCY RULE 202 OF !/ <br />DEBTORS' MOTION TO APPROVE SETTLEMENT AGREEMENT WITH <br />THE BURLINGT(TN NORTHERN AND SANTA FE RAILWAY COMPANY <br />TO PARTIES IN INTEREST: <br />NOTICE "is hereby ~ given that Agile Stone Systems, Inc. ("Agile' aad Colorado <br />Materials Holding Corp. ("COMAT," and together with Agile, the "Debtors"}, filed their Motion <br />to Approve Settlement Agreement With The Burlington Northern And Santa Fe Railway <br />Company (the. "Settlement Motion"} with the Court on May 5, 2004. A copy of the Settlement <br />Motion is available for inspecti©n in the Clerk's Office of the United States Bankruptcy Court, <br />721 19a' Sireef, Denver, CO 80202, or upon rec}uest from the undersigned attorney" <br />The Settlement Motion seeks an Order from the Court approving the settlement of certain <br />claims filed and asserted by The Burlington Northern and Santa Fe Railway Company alk{a <br />BNSF Railway Company ("BNSF'. White the Settlement Agreement annexed to the <br />Settlement Motion is the definitive document with respect to the compromise proposed therein, <br />for summary purposes only, the settlemenf grovides that: <br />a) Subject to the closing of the transaction contemplated under the Debtors' Plan, (I) <br />BNSF shall have an allowed, non-priority, unsecured claim in COMAT's case in the <br />reduced amount of $2,068,000.00, (2) BNSF's c]aim filed in COMAT's case on <br />account of alleged unpaid freight changes shall be deemed withdrawn and disallowed, <br />and (3) CIG LLC shall pay to BNSF $51,630A0 in full satisfaction of BNSF's claim <br />for unpaid rent allegedly owed on account of a certain lease at the Big Li$ site; and <br />b) Except for the obligations contained in or reserved. by the Settlement. Agreeme <br /> e one hand and the Debtors, CI Rail, Inc., and the <br />Debtors' estates on the other hand, shalt be mutually released from all claims and <br />