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boxsterX

02/18/09 6:57 PM

#18120 RE: MikeWhite #18117

I am disappointed this is all you have to offer in response to my questions, but I guess I am not very surprised at this point:

1. Re: pg 65 of the Opposition - this is a letter dated 11/24/08 that states merely that PXD is considering a potential sale of the assets. It does not give actual notice of a definite sale, at a definite time and place, and also does not give notice that the sale would occur without Court approval (previously sought and withdrawn in June, 2008).

2. Re: pg. 70 of the Opp - this states that the potential sale would carve out (i.e. the assets sold would NOT be subject to) the claims raised in the "live petition" [the lawsuit] by MOSH Holdings. This does not mean that the Plaintiffs would have a diffferent status or treatment than the other unit holders. It means that the purchaser would not have to deal with the claims in the lawsuit [e.g. they would buy the assets free and clear]. How does this cite even prove your point? How does this overcome the Court's previous ruling that all unitholders must participate in an outcome?