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<br /> <br />I. <br />The Reorganized Debtors (^CF&I") seek an Order in Aid of <br />Consummation of their Plan of Reorganization. This order is <br />necessary (1) to enable CF&I to complete the "standard <br />termination" of the Plan as provided in the Confirmation Order <br />entered by this Court on February 12, 1993, by authorizing CF&I <br />to make the necessary contribution to the pension plan, anti (2) <br />to effectively protect the interests of participants and <br />beneficiaries of the Non-Contributory Pension Plan of CF&I Steel <br />Corporation, and creditors of CF&I. <br />II. <br />On July 1, 1940, CFSI established for the benefit of certain <br />employees a defined benefit pension plan named the Non- <br />contributory Pension Plan of CF&I Steel Corporation ("Plan"). <br />CF&I Steel Corporation is the plan administrator of the Plan, as <br />that term is defined under section 3(A) of the Employees <br />Retirement Income Security Act of 1974, as amended, 29 U.S.C. <br />4 1002(A) ("ERISA"). <br />~On September 17, 199], CF6I, as fiduciary, filed a Motion for <br />Order in Aid requesting authorization to purchase an annuity <br />contract from a specific group of insurers, or, in the <br />alternative, guidance on the applicable standard by which •an <br />annuity contract should be purchased. The Department of Labor <br />("DOL") filed objections to this Motion on jurisdictional and <br />substantive grounds. CFSI and DOL are in the process of <br />negotiating a resolution of this dispute, and in furtherance of <br />those negotiations, CF6I, as sponsor, files this second Motion. <br />If the relief requested herein by CFI is granted, and if CFI <br />and DOL reaches such a resolution, it is CF&I's intention to <br />withdraw its first Motion. <br />2 <br />