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Full title: Order Signed On 7/14/2021, Approving Settlement And Compromise Pursuant To Federal Rule Of Bankruptcy Procedure 9019 (Related Doc # 1979) (Ebanks, Liza) (Entered: 07/14/2021)

Document posted on Jul 13, 2021 in the bankruptcy, 2 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

X ORDER APPROVING SETTLEMENT AND COMPROMISE PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019 Upon consideration of the Motion for Approval of Settlement and Compromise Pursuant to Federal Rule of Bankruptcy Procedure 9019 (the “Motion”), and upon due and proper notice in accordance with Fed.P. 2002 (a) and (h) and Local Rule 2002-2 and an opportunity for a hearing, no objections having been filed, and the Court having determined that notice of the Motion was proper and sufficient under the circumstances, the Settlement Agreement1 was negotiated and entered into in good faith and within the sound business judgment of the Litigation Trustee, the legal and factual bases set forth in the Motion establish just cause for the relief granted herein, the relief requested in the Motion is fair, equitable and in the best interest of the Litigation Trust and its beneficiaries; it is therefore, ORDERED, that the Motion should be, and it hereby is, GRANTED as set forth herein; and it is further ORDERED, that the Settlement Agreement, which was filed as Exhibit B to the Motion, be, and hereby is, authorized and approved in its entirety in all respects; and it is further, 1 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion. ORDERED, that the Litigation Trustee is authorized to consummate the Settlement Agreement; and it is further ORDERED, that all of the terms set forth in the Settlement Agreement, including the representations, warranties, agreements, releases, terms and conditions of the Settlement Agreement, are deemed binding on the parties thereto; without limitation, the releases by the parties to the Settlement Agreement are authorized and approved by the Court as set forth in the Settlement Agreement; and it is further ORDERED, that the Escrow Agent, Bank Leumi USA, is hereby authorized to release from Escrow and pay to the Senior Lenders the sum of $124,318.00 and to release from Escrow and pay to Auris the sum of $6,543.00 in accordance with the Settlement Agreement; and it is further ORDERED, that the parties are authorized to take all actions and execute all documents necessary to implement the Settlement Agreement; and it is further ORDERED, that this Court shall maintain jurisdiction to interpret and enforce the provisions of the Settlement Agreement and this Order in all respects; and it is further ORDERED, that the stays provided for in Bankruptcy Rules 6004(h) and 6006(d) are hereby waived and this Order shall be effective immediately upon its entry. Dated: July 14, 2021 New York, New York /s/

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------- X : Chapter 11 In re: : Case No. 18-13359 (SHL) MIAMI METALS I, INC., : : Debtor. -------------------------------------- X ORDER APPROVING SETTLEMENT AND COMPROMISE PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019 Upon consideration of the Motion for Approval of Settlement and Compromise Pursuant to Federal Rule of Bankruptcy Procedure 9019 (the “Motion”), and upon due and proper notice in accordance with Fed. R. Bankr. P. 2002 (a) and (h) and Local Rule 2002-2 and an opportunity for a hearing, no objections having been filed, and the Court having determined that notice of the Motion was proper and sufficient under the circumstances, the Settlement Agreement1 was negotiated and entered into in good faith and within the sound business judgment of the Litigation Trustee, the legal and factual bases set forth in the Motion establish just cause for the relief granted herein, the relief requested in the Motion is fair, equitable and in the best interest of the Litigation Trust and its beneficiaries; it is therefore, ORDERED, that the Motion should be, and it hereby is, GRANTED as set forth herein; and it is further ORDERED, that the Settlement Agreement, which was filed as Exhibit B to the Motion, be, and hereby is, authorized and approved in its entirety in all respects; and it is further, 1 Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Motion.

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ORDERED, that the Litigation Trustee is authorized to consummate the Settlement Agreement; and it is further ORDERED, that all of the terms set forth in the Settlement Agreement, including the representations, warranties, agreements, releases, terms and conditions of the Settlement Agreement, are deemed binding on the parties thereto; without limitation, the releases by the parties to the Settlement Agreement are authorized and approved by the Court as set forth in the Settlement Agreement; and it is further ORDERED, that the Escrow Agent, Bank Leumi USA, is hereby authorized to release from Escrow and pay to the Senior Lenders the sum of $124,318.00 and to release from Escrow and pay to Auris the sum of $6,543.00 in accordance with the Settlement Agreement; and it is further ORDERED, that the parties are authorized to take all actions and execute all documents necessary to implement the Settlement Agreement; and it is further ORDERED, that this Court shall maintain jurisdiction to interpret and enforce the provisions of the Settlement Agreement and this Order in all respects; and it is further ORDERED, that the stays provided for in Bankruptcy Rules 6004(h) and 6006(d) are hereby waived and this Order shall be effective immediately upon its entry. Dated: July 14, 2021 New York, New York /s/ Sean H. Lane Honorable Sean H. Lane, United States Bankruptcy Judge

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