Case No. 01-41593-293.United States Bankruptcy Court, E.D. Missouri, Eastern Division.
August 24, 2004
Mark L. Prager, Michael J. Small, Derek L. Wright, FOLEY
LARDNER LLP, Chicago, Illinois, Attorneys for SCOTT PELTZ, as Chapter 11 Plan, Administrator for BIS Administration, Inc., f/k/a Bridge Information Systems, Inc. et al.
NOTICE OF COMPROMISE OF CLAIM 1109 OF THE TORONTO STOCK EXCHANGE
DAVID McDONALD, Chief Judge, Bankruptcy
Scott Peltz, as Chapter 11 Plan Administrator for BIS Administration, Inc., f/k/a Bridge Information Systems, Inc., et al., by and through his attorneys, hereby notices the settlement and compromise of claim 1109 of The Toronto Stock Exchange (now TSX Inc.) (“TSX”), and states as follows:
1. On February 15, 2001, BIS and certain of its subsidiaries (collectively, the “Debtors”) filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the Eastern District of Missouri, Eastern Division (the “Bankruptcy Court”).
2. In accordance with Section 8.03 of the Second Amended Joint Plan of Liquidation (“the Plan”), as confirmed by order of the Bankruptcy Court, and Section 1.2 of the Plan Administrator Agreement, the Plan Administrator may settle, compromise or otherwise resolve any Disputed Claim without approval of the Bankruptcy Court.
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3. TSX filed proof of claim number 1109 in the amount of $886,766.23 against the Debtors on June 28, 2001 (“Claim 1109”), to which the Plan Administrator objected (“the Objection”).
4. The parties have entered into a settlement agreement, following arms-length negotiations, resolving the issues surrounding the allegations set forth in the Objection (the “Settlement Agreement”).
5. Under the terms of the Settlement Agreement, Claim 1109 shall be allowed as an unsecured, pre-petition, non-priority claim in the amount of Three Hundred and Fifty Thousand Dollars ($350,000.00) (the “Settlement Amount”) against the Debtor BIS America Administration, Inc. f/k/a Bridge Information Systems America, Inc., Case No. 01-41598-293.
6. TSX agrees to withdraw any and all additional claims against the Debtors.
THEREFORE, Claim 1109 and the Objection are resolved, under the terms set forth in the Settlement Agreement.
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SO ORDERED, claim number 1109 filed by the Toronto Stock Exchange shall be allowed as specified in the Notice of Compromise of Claim 1109 of the Toronto Stock Exchange, this ____ day of August, 2004.
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