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2000 5855 <br />is appropriate under the circumstances because: (a) such liens, claims, encumbrances and <br />interests are subject to a bona fide dispute; (b) the holders of such liens, claims, <br />encumbrances and interests, if any, have consented to such relief; or (c) such liens, <br />claims, encumbrances and interests, if any, shall attach to the proceeds, if any, from the <br />IHS Debtors' transfer of the particular asset or property to which such lien, claim, <br />encumbrance or interest is now attached, subject to the same defenses or claims which <br />the IHS Debtors may have with respect thereto, with the same priority, validity, force and <br />effect that they now have against the Transferred Assets. <br />X. The transactions contemplated by the Settlement Agreement are prerequisites to <br />the IHS Debtors' ability to confirm and consummate a plan or plans of reorganization or <br />liquidation. The Asset Transfers are sales in contemplation of a plan and, accordingly, <br />are transfers pursuant to §1146 (c) of the Code, which shall not be taxed under any law <br />imposing -a stamp tax or similar tax. <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: <br />The Settlement Motion and the relief sought therein is granted in all <br />respects and the terms and conditions of the Settlement Agreement, annexed to the Settlement <br />Motion as Exhibit A and as amended to date, are approved. <br />2. All objections to the Settlement Motion or the relief requested therein that <br />have not been withdrawn, waived or settled, and all reservations of rights included therein, are <br />overruled on the merits. <br />-9- <br />632699 1, 07/06/00 <br />