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I (3) After reduction on account of payments <br /> 2 received from the Additional Pool, the Amended Claim shall be paid <br /> 3 as a secured claim to the extent of the value of the remaining <br /> 4 collateral therefor (that is, to extent of all collateral covered by <br /> 5 the Security Documents, excepting the Credit Balance, the Refunds, <br /> 6 and the Account Collections) ("Remaining Collateral") ; and <br /> 7 (4) To the extent not paid from the Additional <br /> a Pool or on account of the Remaining Collateral, as provided above, <br /> 9 the Amended Claim shall be paid ratably as an unsecured claim from <br /> 10 the Estate's available unencumbered assets; and <br /> II e. Counsel for the Trustee and for Barclays shall <br /> 12 execute and cause to be filed a stipulation of dismissal of the <br /> 13 entire Adversary Proceeding, including all counterclaims, with <br /> 14 prejudice, each party to bear its own attorneys' fees and costs of <br /> 15 suit. Barclays and ITL-Cross acknowledge that the fees and costs of <br /> 16 the Trustee are administrative expenses in the Chapter 7 Case, <br /> 17 subject to the approval of the Bankruptcy Court. <br /> 13 3 . As more fully set forth in the attached Settlement <br /> 19 Agreement, Barclays and the Trustee agree that, in consideration of <br /> 20 the execution and performance of the terms of the Settlement <br /> 21 Agreement, Barclays and ITL-Cross, on the one hand, and the Trustee, <br /> 22 on the other hand, agree to exchange broad general mutual releases. <br /> 23 Moreover, the parties waive the benefits of the provisions of <br /> 24 California Civil Code section 1542 . <br /> 25 <br /> 26 <br /> 27 <br /> NOTICE OF JOINT MOTION AND JOINT MOTION FOR <br /> ORDER AUTHORIZING COMPROMISE OF CONTROVERSY AND <br /> APPROVING STIPULATION FOR RELIEF FROM STAY 10 3435\POO6A.LJC/dcL <br />