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I the Credit Balance (the "Amended Claim") , and the Amended Claim, <br /> 2 without further order of the Bankruptcy Court, shall be allowed in <br /> 3 full as a claim in the Chapter 7 Case, secured to the extent of the <br /> 4 value of Barclays' collateral; <br /> 5 d. Notwithstanding the status of the Amended Claim <br /> 6 as an allowed secured claim, in order to effect the payments and <br /> 7 distributions set forth below at such time as the Bankruptcy Court <br /> s shall order final distributions in the Chapter 7 Case, Barclays and <br /> 9 ITL-Cross shall, and hereby do, agree (i) to an administrative <br /> 10 surcharge and (ii) to "give up" priority and security as holders of <br /> II the Amended Claim as follows: <br /> 12 (1) Barclays and ITL-Cross as holders of the <br /> 13 Amended Claim shall, and hereby do, release their security interest <br /> 14 in the Account Collections and the Refunds in order to create a pool <br /> 15 ("Additional Pool") for the payment of administrative claims and <br /> 16 expenses ("Admin. Claims") and unsecured claims as allowed in the <br /> 17 Chapter 7 Case that are not held by "insiders" within the meaning of <br /> IB 11 U.S. C. S 101 ("Non-Insider Claims") to the extent that either <br /> 19 Admin. Claims or Non-Insider Claims remain unpaid after distribution <br /> 20 of the unencumbered assets of the Estate; <br /> 21 (2) After payment in full of the Admin. Claims, <br /> 22 the Amended Claim shall be paid ratably from the Additional Pool <br /> 23 with the other Non-Insider Claims, but payments made with regard to <br /> 24 the Amended Claim shall be "capped" such that they do not exceed 40% <br /> 25 of the distributions from the Additional Pool, thereby leaving 60% <br /> 26 of said distributions available to the other Non-Insider Claims; <br /> rr <br /> NOTICE OF JOINT MOTION AND JOINT MOTION FOR <br /> ORDER AUTHORIZING COMPROMISE OF CONTROVERSY AND <br /> APPROVING STIPULATION FOR RELIEF FROM STAY 9 3435\POO6A.LJC/dcL <br />