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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
Inst Number
200403669
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200403669 <br />14.11 Dividend on Preferred Stock. Following the entry of the <br />Confirmation Order and prior to the Effective Date, the Debtors are <br />authorized to pay an amount not to exceed $3,240,625 to the holders of <br />Preferred Stock on account of a scheduled and declared quarterly dividend <br />payment due on March 1, 2004, rop vided that the Debtors and the <br />Creditors' Committee agree that: (i) the documentation evidencing the <br />New Debt Securities is or will be reasonably acceptable to the parties; and <br />(ii) the Debtors and Creditors' Committee agree that there is a reasonable <br />likelihood that the Effective Date will occur on or before March 15, 2004. <br />The Debtors and the Creditors' Committee agree to an expedited hearing, <br />upon motion filed by the Debtors, before the Court if a dispute arises with <br />respect to whether these conditions have been satisfied. <br />54. Deletion of Plan Exhibits. Exhibits I and H to the Plan are deleted in their entirety. The <br />terms of the Restated BMO Master Lease and Restated Citibank Master Lease shall conform <br />substantially in form and substance to the terms set fort � sec ions 5.3(a)(ii-and 5.4(a)(ii) of the Plan, <br />as modified by this Order. <br />STATES RfNKRUPTCY JUDGE <br />PREPARED BY: <br />BEESLEY, PECK & MATTEONI, LTD <br />By: /s/ Bruce T. Beesley <br />Bruce T. Beesley <br />5011 Meadowood Mall Way, Suite 300 <br />Reno, Nevada 89502 <br />and <br />Craig D. Hansen <br />Thomas J. Salerno <br />Sean T. Cork <br />SQUIRE, SANDERS & DEMPSEY L.L.P. <br />Two Renaissance Square, Suite 2700 <br />40 North Central Avenue <br />Phoenix, Arizona 85004 <br />(602) 528 -4000 <br />Attorneys for Debtors and <br />Debtors -in- Possession <br />270895.5 27 <br />
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