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WHEREAS, District Court Nos. 93-C-396W and 93-C-392J (the <br />Combined Fund and 1992 Plan's appeals of the Estimation Order) <br />(the "District Court Appeals") are pending before the District <br />Court; and <br />WHEREAS, the issues in the Adversary Proceeding, the <br />Claims Objections, the District Court Appeals, and the Tenth <br />Circuit Appeals are complex and, in certain instances, unique, <br />and involve substantial litigation risk both to the Reorganized <br />Debtors and to the Combined Fund and 1992 Plan; and <br />WHEREAS, the parties have reached settlement of all <br />disputed matters among them and have reduced the terms of the <br />settlement to writing in this Agreement; and <br />WHEREAS, the consideration and approval of this Agreement <br />constitute a core proceeding under 28 U.S.C. §157; <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the premises, <br />covenants, agreements, terms, obligations, and conditions <br />contained herein, IT IS AGREED as follows: <br />1. Definitions. As used in this Agreement or internally <br />in the definitions hereinafter set forth, the following defined <br />terms shall have the following meanings: <br />"Approval Order" shall mean the order of the Bankruptcy <br />Court approving this Agreement. A proposed form of the Approval <br />Order is attached hereto as Exhibit A. <br />"Business Dav" shall mean any day except a Saturday, <br />Sunday, or legal holiday as defined in Bankruptcy Rule 9006(a). <br />5 <br />