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Wednesday, August 10, 2011 5:57:19 PM
8. Accordingly, the ANICO Plaintiffs do not object to confirmation of the Plan so long as any order entered by this Court confirming the Plan is consistent with this Court's January 7, 2011 Opinion as well as rulings from the bench relating to the ANICO Litigation such that any confirmation order provides that:
a. There is no release being provided under the Plan, the Confirmation Order, or the Global Settlement by the ANICO Plantiffs of their direct claims against any party;
b. The Court is making no determination as to whether the Debtors or the FDIC own, have any right to pursue, or have any right to seek dismissal of the claims in the ANICO Litigation;
c. Any stipulation of dismissal that the Debtors or the FDIC file in the ANICO Litigation must expressly state that they are dismissing only claims that they own;
d. Nothing in the Confirmation Order, the Plan, the Global Settlement or related documents has any bearing on the dtermination of any question of law or fact identified by the Court of Appeals for the District of Columbia that may be considered by the United States Districy Court for the District of Columbia upon remand of the ANICO Litigation.
http://wmish.com/docs/810/8411.pdf
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