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'~ 13. CF&I Steel believes that adequate assurance of its <br />future performance under the Agreement is given by CF&I Steel's <br />cash flow, income, and asset base all of which are evidenced by <br />the financial statements and monthly financial reports on file <br />with this Court. Furthermore, CF&I Steel has available a <br />$10,000,000 credit line against which it has not drawn. CF&I <br />Steel's cash flow and credit line demonstrates CF&I Steel's <br />ability to perform under the Agreement. CF&I Steel does not <br />believe any further assurance of its future performance is <br />necessary. <br />14. The affidavit of Earl Emery reflects that CF&I <br />Steel will suffer financial harm if the Motion is not granted. <br />WHEREFORE, CF&I Steel respectfully requests that the Court <br />enter an order, pursuant to section 365 of the Bankruptcy Code, <br />authorizing CF&I Steel to assume the Agreement with the modified <br />rate structure, to cure defaults under the Agreement, and to <br />provide adequate assurance of its future performance under the <br />Agreement as heretofore set forth. <br />DATED this 1st day of February, 1991. <br />LeBOEUF, LAMB, LEIBY & MacRAE <br />By: <br />Ralph R. Mabey <br />Steven J. McCardell <br />Penrod W. Keith <br />1000 Kearns Building <br />136 South Main Street <br />Salt Lake City, Utah 84101 <br />Telephone: (801) 355-6900 <br />5 <br />