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<br /> <br />These two examples are not intended to be conclusive. <br />Rather, they are intended to demonstrate several points. First, <br />the actual "topping off° contribution that must be made by CF&i <br />most likely will be $1 million to $2 million over the initial <br />estimate.~Z The examples also demonstrate that a particular <br />insurer's quotes will most likely change (and may even change <br />dramatically) from one month to the next. Finally, the examples <br />underscore CF&I's need for flexibility in determining how much it <br />must contribute to the Plan. <br />In conclusion, CFI is not asking the Court to select an <br />insurance company -- that is the responsibility of the Plan <br />fiduciary. Instead, CFI is asking the Court to confirm that <br />CF&I, in its corporate capacity, has the authority under the <br />confirmed Plan of Reorganization to make the "topping off" <br />contribution necessary to purchase an annuity contract selected <br />by CF6I, in its fiduciary capacity. <br />C. Obtaining Judicial Authorization Is Necessary And= <br />Aoorovriate For CF6I To Fulfill Its Obligations Under The <br />Plan Of Reorganization. <br />Section 105(a) of the Code provides that "[t]he court may <br />issue any order that is necessary or appropriate to carry <br />12These estimates exc ude costs or fees associated with the <br />liquidation of the portfolio prior to the purchase of the annuity <br />contract. Insurance companies typically require payment ire cash, <br />as opposed to an in-kind asset transfer. Hughes Aff. 9 1°_~. <br />Mellon Bank has advised CF6I that liquidation costs will be+ <br />approximately $55,000, and final trustee-related fees will be <br />approximately $18,000. The effect of these fees will be to <br />increase the contribution by approximately $73,000. <br />12 <br />