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<br />g. Consummation of the Settlement Agreement is <br />contingent upon the approvals of the various stipulations ty thi_s <br />Court, the District Court, and the Tenth Circuit. <br />Standards for Review <br />The Court must consider whether the proposed settlement is <br />fair, equitable, and in the best interests of the Reorganized <br />Debtors and their estates. Typically, in making such a <br />determination, courts consider four factors which are derived fz-om <br />Protective Committee Stockholders of TMT TraileY Ferrv Inc. v. <br />Anderson, 390 U.S. 414, 424-25, 88 S.Ct. 1157, 1163 (1968): (1) <br />the probability of success in the litigation, (2) difficulties to <br />be encountered in collection, (3) the complexities of the <br />litigation involved, and (4) the paramount interest of the <br />creditors and a proper deference to their reasonable views. The <br />Reorganized Debtors have determined, considering these factors and <br />utilizing their business judgment, that this settlement is fair, <br />equitable, and in the best interests of their estates. <br />WHEREFORE, the Reorganized Debtors request that the Court: <br />enter an Order: <br />A. Making findings of fact and conclusions of law as set <br />forth above. <br />B. Approving the Settlement Agreement as a compromise of <br />disputes under 11 U.S.C. § 105 and Fed. R. Bankr. P. 9019 and <br />approving the Reorganized Debtors' execution of the Settlement <br />8 <br />