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<br />Prior to filing this Motion, CF&I contacted PHGC and <br />notified the agency of this anticipated increased contribution. <br />In response, PBGC has advised CF&I that the agency, as a <br />creditor, will not challenge this contribution or object to this <br />Motion, and will otherwise defer to DOL. Also, CF&I discussed <br />this matter with DOL, which has jurisdiction over the selection <br />of the annuity. Based on its discussions with DOL, CF&I has <br />reason to believe that DOL will agree that CF&I~s purchase of an <br />annuity consistent with the proposal in the motion will resolve <br />any claim that DOL may have in connection with the selection and <br />purchase of the annuity contract. <br />To obtain assurance that the contribution will not be <br />challenged by the remaining general unsecured creditors, CF3I <br />seeks an order from this Court. <br />B. <br />Due to the nature of the annuity purchase process, no <br />insurance company is able to give CF&I a guaranteed quote until <br />CF&I is ready and willing to commit to purchasing an annuity <br />contract (i.e., after the Court's ruling on this Motion). For <br />purposes of illustration, however, CF&I has provided below <br />preliminary annuity bids that demonstrate the range of annuity <br />`Once the Plan Administrator is ready to purchase an annuity <br />contract, the insurer will give the Plan Administrator a final <br />quote. The insurer typically will not extend a guaranteed price <br />quotation for more than one or two hours after deliverance of the <br />quote. Hughes Aff. ! 12. <br />7 <br />