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200005855 IHS Debtors and Senior Housing Properties Trust and certain of its related entities (collectively, the "SNH Entities "), dated April 11, 2000 as amended by that certain Amendment to Settlement Agreement, dated as of June 2000 (the "Settlement Agreement'); (ii) authorizing the sale of certain assets free and clear of all liens, claims, encumbrances, and interests; (iii) authorizing the assumption and assignment of certain executory contracts and unexpired leases; (iv) determining that such sale is exempt from any stamp, transfer, recording, or similar tax; and (v) granting related relief, including a prohibition against recourse and the IHS Debtors having entered into a certain Stipulation Among Debtors, SNH Entities and the United States Department of Health and Human Services Regarding Treatment of Medicare Provider Agreements Pertaining to Certain "Transfer Facilities" and Order Thereon (the "U.S. Stipulation "); and the Court having considered the Settlement Motion and the U.S. Stipulation; and upon the record in these cases; and after due deliberation thereon, and good and sufficient cause appearing therefor; it is hereby FOUND THAT: 3 A. This Court has jurisdiction over the Settlement Motion and the U.S. Stipulation pursuant to 28 U.S.C. §§ 157 and 1334. Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (M) (N) and (0). The statutory predicates for the relief sought herein are 11 U.S.C. §§ 105(a), 363, 365 and 1146(c) and Fed. R Bankr. P. 6004, 6006, and 9019. B. Due and proper notice of the Settlement Motion, the objection date and the hearing thereon has been given to: (i) counsel to the Official Committee of Unsecured 3 Findings of fact shall be construed as conclusions of law and conclusions of law shall be construed as finds of fact when appropriate. See Bankmptcy Rule 7052. -2- 632699_1, 07/06/00