EXHIBIT A
RELEASE OF CLAIMS
This Release of Claims (the ' ") is delivered by David M. Reaves, the duly
appointed Chapter 7 Trustee (“@_@") for GTI Capital Holdings LLC, dba Rockland
Materials, an Arizona limited liability company ("@") and G.H. Goodman Investment
Companies, LLC, an Arizona limited liability company (" ", with GTI, collectively,
the "GTI Debtors") in favor of Comerica Bank, a Texas banking association, successor
by merger with Comerica Bank, a Michigan corporation, successor by merger to
Comerica Bank-California ("Comerica"). This Release is delivered in connection with
the "Settlement Agreement" of an even date between the Trustee and Comerica (the
"Settlement Agreement"). Unless otherwise indicated, capitalized terms used in this
Release will correspond to the capitalized terms used in the Settlement Agreement. For
present and fair consideration, the receipt and sufficiency of which are herby
acknowledged, the Trustee agrees as follows:
1. The Trustee, on behalf of itself, the GTI Debtors, and the bankruptcy
estates of the GTI Debtors (collectively, the "GTI Releasing Parties") hereby does
remise, release, and forever discharge Comerica and each of Comerica’s fonner, present,
and future officers, directors, attorneys, agents, partners, predecessors, successors,
assigns, parents, affiliates, subsidiaries, control persons, representatives and employees
(the "Comerica Released Parties") of and from any and all sums of money, claims, rights,
demands, suits, debts, dues, accounts, promises, damages, and causes of action known or
unknown or suspected or unsuspected, including claims for attorneys’ fees, which any of
the GTI Releasing Parties now or hereafter owns, holds, has or claims to have by reason
of any matter, cause or thing whatsoever from the beginning of time to the date of this
Release and which arise out of or are in any way connected with or related to
PHX 328, 118,452v1 2/22/2008
Case 2:03-cv-01587-JAT Document 132-5 Filed 06/13/2008 Page 1 of 2
000173STATE-BK Preemption
transactions, occurrences, events, acts or omissions arising from, relating to or
concerning in any way the relationships between or among any of the GTI Releasing
Parties and the Comerica Released Parties (including claims pending in the Bankruptcy
Cases, in the Bankruptcy Appellate Panel, in the Arizona Superior Court, in the Arizona
Court of Appeals and Supreme Court, in the United States District Court, and in the
Ninth Circuit Court of Appeals), provided however, that this Release does not extend to
obligations of the Comerica Released Parties under the Settlement Agreement.
2. This Release is intended to be as broad as legally possible, and the Trustee
agrees to the immediate dismissal with prejudice of all actions brought by the GTI
Releasing Parties against the Comerica Released Parties in the Bankruptcy Cases, in the
Bankruptcy Appellate Panel, in the Arizona Superior Court, in the Arizona Court of
Appeals and Supreme Court, in the United States District Court, and in the Ninth Circuit
Court of Appeals.
3. This Release is effective upon the approval of the Settlement Agreement
by the Court presiding over the Bankruptcy Cases and the payment of the Settlement
Amount by Comerica.
Dated: February _, 2008
DAVID M. REAVES, Chapter 7 Trustee for GTI
Capital Holdings, L.L.C., dba Rockland Materials,
and G.H. Goodman Investment Companies,
L.L.C. Bankruptcy Case Nos. 2:03-bk-07923 and
07924
By:
Name: David M. Reaves
Title: Trustee
2
Pl0
000172STATE-BK Preemption
Case 2:03-cv-01587-JAT
Document 132-5
Filed 06/13/2008
Page 1 of 2
000173STATE-BK Preemption
Case 2:03-cv-01587-JAT
Document 132-5
Filed 06/13/2008
Page 2 of 2
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