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1 uncertainty of continuing litigation, and for the purpose of putting <br /> 2 to rest the controversies engendered thereby. <br /> 3 11. <br /> 4 PAYMENT AND PERFORMANCE; MUTUAL RELEASES <br /> s 1. The obligations and agreements of the Trustee and of <br /> 6 Barclays and ITL-Cross under the Settlement Agreement are <br /> 7 conditioned upon entry by the Bankruptcy Court of a final order <br /> 8 approving this Agreement in the Chapter 7 Case. The effective date <br /> 9 of this Agreement shall be ten (10) days after the entry of the <br /> 10 order of the Bankruptcy Court approving this Agreement, provided <br /> 11 that no stay is imposed thereupon or timely appeal taken therefrom <br /> 12 (the "Effective Date") . <br /> 13 2 . On the Effective Date, without any further action by <br /> 14 the Bankruptcy Court or any party to the Settlement Agreement the <br /> 15 following shall occur: <br /> 16 a. Barclays will release $1, 000 to the Estate as an <br /> 17 agreed surcharge for the preservation of Barclays' collateral and to <br /> 18 reimburse the Estate for the time of the Trustee and his counsel in <br /> 19 reviewing records related to certain fixtures located on the Real <br /> 20 Property Collateral (on or about January 6, 1994 , Barclays deposited <br /> 21 the foregoing sum with the Trustee) ; <br /> 22 b. Barclays and ITL-Cross will be granted relief <br /> 23 from the automatic stay to permit immediate application in full of <br /> 24 the Credit Balance to reduce the BC Obligations; <br /> 25 C. Barclays and ITL-Cross will thereupon amend <br /> 26 their claims in the Chapter 7 Case to state an amount equal to the <br /> 27 then-outstanding balance of the BC Obligations after application of <br /> NOTICE OF JOINT MOTION AND JOINT MOTION FOR <br /> ORDER AUTHORIZING COMPROMISE OF CONTROVERSY AND <br /> APPROVING STIPULATION FOR RELIEF FROM STAY $ 3435\P006A.LJC/dcl <br />