Free Motion to Intervene - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 53-5 Filed O2/O1/2006 Page1 0f3
EXHIBIT "D"

Case 1:04-cv-01494-JJF Document 53-5 Filed O2/O1/2006 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: I
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Nonrnwnsrznn co1u·oRAr1oN, ) Chapter ll
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Reorganized Debtor. ) Case NO' 03-12872 OLP)
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MAGTEN ASSET MANAGEMENT I
CORPORATION AND LAW DEBENTURE I
TRUST COMPANY OF NEW YORK, I Advcrsary NQ 0463324
P1‘“i““ffS· g own Action N0. 04-1494-JJF
v. I
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Norzrnwnsrenn coRPoRAr1oN, > Rc" D°°k€t N°‘ ——
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Defendant. I
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ORDER SUBSTITUTING THE PLAN COMMITTEE
FOR THE OFFICIAL COMMITTEE
Upon the motion (the "Motion") of the Plan Committee] for entry of an
order amending the Order dated June 16, 2004, allowing the Official Committee of
Unsecured Creditors (the "Official Committee") to intervene [Bankr. Docket No. 14] in
the above-captioned adversary proceeding (the "Adversary Proceeding"), to substitute the
Plan Committee in place of the Official Committee; and it appearing that the Plan
Committee is the successor to the Official Committee; and due and proper notice having
been given; and after due deliberation and sufficient cause appearing therefor; it is hereby
ORDERED, that the Motion is granted; and it is further
I Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Motion.

Case 1:04-cv-01494-JJF Document 53-5 Filed O2/O1/2006 Page 3 of 3
ORDERED, that the Plan Committee is hereby substituted for the Official
Committee in the Adversary Proceeding; and it is iirther
ORDERED, that the above—captioned parties shall serve all papers filed in
the Adversary Proceeding upon counsel for the Plan Committee; and it is further
ORDERED, that counsel for the Plan Committee shall be permitted to
participate in and have access to all discovery; and it is further
ORDERED, that the Plan Committee shall be a mandatory party for
purposes of any and all settlement negotiations concerning the Adversary Proceeding.
Dated: , 2006