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200403669
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Last modified
10/16/2011 2:50:50 PM
Creation date
10/21/2005 12:39:35 AM
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DEEDS
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200403669
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200403669 <br />41. Resolution of GMAC Objection. Pursuant to the terms of the Stipulated Order between <br />the Debtors and GMAC (Docket No. 735), the terms of which are incorporated herein by this reference, <br />the GMAC Objection has been withdrawn. <br />42. Resolution of IBJ Objection. Pursuant to the terms of the Stipulated Order between the <br />Debtors and IBJ (Docket No. 737), the terms of which are incorporated herein by this reference, the IBJ <br />Objection has been withdrawn. <br />43. Resolution of Washington Obiection. Pursuant to the Stipulated Order between the <br />Debtors and Washington (Docket No. 770), which is incorporated herein by this reference, the <br />Washington Objection has been resolved based upon the following provision of this Order: <br />Notwithstanding anything contrary in the Plan or the Plan's Confirmation <br />Order, nothing in the Plan shall be deemed to release, discharge, or nullify <br />any environmental liability to any governmental unit that any entity would <br />be subject to as to the current tenant, current owner, or current operator of <br />property after the Effective Date. <br />44. Resolution of IRS Objection. Pursuant to the Stipulated Order between the Debtors and <br />the IRS (Docket No. 749), which is incorporated herein by this reference, the IRS Objection has been <br />resolved based upon the following provision of this Order: <br />Notwithstanding the rate of interest set forth in Article 2.2 of the "First <br />Amended Plan of Reorganization" dated as of November 26, 2003 (the <br />"Plan "), the Debtors and the Internal Revenue Service ( "IRS ") stipulate <br />and agree that, to the extent the IRS holds an Allowed Priority Tax Claim, <br />the actual rate of interest to be applied to such Allowed Priority Tax <br />Claim, shall be determined by a Final Order of the Bankruptcy Court as <br />part of the Claims resolution process following the Effective Date of the <br />Plan. <br />45. Resolution of Tort Claimants' Obiection. Notwithstanding the fact that the Tort <br />Claimants' Objection was filed after the Objection Deadline, the Court has reviewed the arguments <br />raised in the Tort Claimants' Objection, and the counter arguments of the Debtors raised in the Omnibus <br />270895 -5 <br />21 <br />r" <br />
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