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THE COURT T3EREBY FINDS: <br />A. This Court has jurisdiction over the confirmation of the Plan pursuant to 28 <br />U.S.C. §§ 157 and 1334. Confirmation of the Plan presents a Dore banlauptcy matter under 28 <br />U.S.C. § 157(b)(Z)(L). Venue of the Debtors' chapter 11 cases in this District is pt~r pursuant <br />to 2$ U.S.C. §§ 1408 and 1409. <br />B. The Court concludes that adequate and sufficient notice of the April 7th .Order, <br />the Plan, the Confirmativn heazing, and of the opportunity [o object to the confirmation of the <br />Plan was given to the Debtors' creditors, equity security holders and other parties in interest and <br />further concludes that such notice complies with all prior orders of this Court and with the <br />applicable provisions of the Bankruptcy Code, Bankruptcy Rules and Local rules. <br />C. As evidenced by the Summary of Voting Results filed by the Debtors on May 12, <br />2004, which certifies the results of the ballot tabulation, at least two-thirds in amount and more <br />than one-half in number of the holders of each Class of Claims in each case of creditors that <br />actually vvted on the Plan have timely and property submitted ballots accepting the Plan in <br />accordance with 11 U.S.C. § 1126(c). The holders of Claims in Classes 1, and A are deemed to <br />have accepted the Plan pursuant to 11 U.S.G. § 1126(f). Holders of Class 6 and H Interests are <br />deemed to have rejected the Plan pursuant to 11 U.S.C. § 1126(8). Each impaired Class of <br />Claims for each Debtor entitled to vote un the Plan has voted to accept the Plan in accordance <br />with 1 I U.S.C. §§ 1124 and 1126. <br />D. All timely filed objections to the Plan have either been resolved and withdrawn or <br />are hereby overruled for the reasons stated on the record. Specifically, both (i) the Objection Of <br />CitiCapitai Ta Cor~rmativn Of Amended Ioint Plan Of Reorganization filed in COMAT's and <br />Agile's cases on May 7, 2004 and (ii) the Objection Of The Unsecured Creditars' Committee To <br />Confirmation Of The Debtor's Proposed Amended Plan Of Reorganization filed in COMAT's <br />case on May 7, 2004, have been resolved and withdtawn~er~e~et~ttedr C~ <br />E. The Plan complies with the applicable provision of the Bankruptcy Cade as <br />required by 11 LJ.S.C. § 1129(x)(1). <br />F. The Debtors and CTG have complied with all applicable provisions of the <br />Bankruptcy Code as required by 11 U.S.C. § 1129(x)(2). <br />G. The Plan has been proposed in goad faith and nut by any means forbidden bylaw <br />within the meaning of 1 I U.S.C. § 1129(x)(3). <br />H. As evidenced by Article 9.8 of the Plan requiring all applications for allowance <br />and payment of Professional Fees to he filed within thirty (30) days following the Effective Date, <br />any payment made yr to be made by the Debtors for >erviccs or for costs and expenses in or in <br />connection with the cases have been approved by, or are subject to the approval of, the Court as <br />reasonable ag required by 11 iI.S.C. § 1129{a)(4). <br />..............„__......R..,...T..........)ER 050504 v2.ldac-dnc 2 <br />or3uz <br />