Free Order - District Court of Delaware - Delaware

Case 1:07-cv—OO474-Gl\/IS Document 11 Filed O2/08/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
APCO LIQUIDATING TRUST AND Case No. 05-12355 (BLS)
APCO MISSING STOCKHOLDER
TRUST, Jointly Administered
Debtors.
CITY OF WICHITA KANSAS,
Plaintiff—AppeIlant,
v. Civil Action No. 07-cv~00474 (GMS)
JOHN G. MCMILLIAN,
LIQUIDATION TRUSTEE TO APCO
LIQUIDATING TRUST AND APCO R¤= D¤¤k¤¢ NOS- 7 ¤¤d 8
MISSING STOCKHOLDERS TRUST.,
Defendant-A ellee.
ORDER APPROVING SETTLEMENT AGREEMENT BY ANiD BETWEEN JOHN G.
MCMILLIAN, LIQUIDATION TRUSTEE TO APCO LIQUIDATING TRUST AND
APCO MISSING STOCKHOLDERS TRUST AND CITY OF WICHITA, KANSAS
This matter having come before the Couit on the Settlement Agreement by and
Between John G. McMiIlian, Liquidation Trustee t0 Apco Liqztidating Trust and Apco Missing
Stockholders Ti·ust and City of I/Wchita, Kansas [Docket N0. 7] (the "Agreement") entered into
by and between John G. McMillian, Liquidation Trustee to Apco Liquidating Trust and Apco
Missing Stockholders Trust (the "Liquidati0n Trustee"), and the City of Wichita, Kansas
("Wichita"); and the Liquidation Trustee having filed and served the Notice of Settlement
Agreement by and Between John G. McMillian, Liquidation Trustee to Apco Liquidating Trust
and Apco Missing Stockholders Trust and City of Wichita, Kansas on January 9, 2008 [Docket
No. 8] (the "Notice of Settlement Agreement"); and the Liquidation Trustee having filed e
Certy’ication of Counsel Concerning Settlement Agreement by and Between John G McMillian,
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Case 1:07-cv—OO474-Gl\/IS Document 11 Filed O2/08/2008 Page 2 of 3
Liquidation Trustee to Apco Liquidating Trust and Apco Missing Stocklzolders Trust and City of
Wichita, Kansas on February 6, 2008 [Docket No. 9] certifying that no responses or objections to
the Agreement were timely received;
NOW, THEREFOR, IT IS HEREBY FOUND, ORDERED, ADJUDED AND
DECREED AS FOLLOWS:
1. Notice of the Agreement was proper, sufficient and in compliance with
section 9.2 of the First Amended Liquidating Plan 0fRe0rgmzizati0n [Bankr. Docket No. 113],
tiled with the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy
Court") on December 16, 2005 and Section III.B.(a) of the Bankruptcy Cou1”r’s Findings of Fact,
Conclusion of Law and Order Cozyirming First Amended Liquidating Plan 0fRe01;ganizati0n
[Bankr. Docket No. 160].
2. The Agreement is APPROVED in its entirety and is effective as an order
of this Court.
3. Each term and provision of the Agreement is valid, binding and
enforceable as though set forth herein. The failure specifically to include or reference any
particular tem} or provision of the Agreement in this order shall not diminish or impair the
effectiveness of such term or provision, it being the intent of the Court that the Agreement be
approved in its entirety..
4. Wichita is hereby granted an allowed non-priority general unsecured claim
in the amount of$450,000.00 in full and final settlement of the Wichita Claim! and any and all
issues arising out of or related to the Appeal.
' Capitalized terms used, but not otherwise defined herein, shall be ascribed the same meaning
given to them in the Agreement.
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Case 1:07-cv—OO474-Gl\/IS Document 11 Filed O2/08/2008 Page 3 of 3
5i Wichita and the Liquidation Tmstee are hereby authorized to take any and
all actions reasmiably necessary to effectuate the terms ofthe Agreement.
K"
Dated: fj *).7 { , 2008 '
Wil: ington, Delaware '
The Hon able regory M, Sie
United States District Judge
F I L E D
I FEB ‘ 8 2008 D
u.s. DISTRICT COURT
DISTRICT OF DELAWARE
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