Opinion
No. 5:03-BK-01802.
June 20, 2005
ORDER OF COURT
Upon consideration of the Motion (the "Motion") of the Weirton Steel Corporation Liquidating Trustee (the "WSCLT Trustee") for an Order Pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure Approving Compromise and Settlement with the United States of America (the "United States") through the United States Department of Justice on behalf of the Environmental Protection Agency (the "EPA") and the United States Coast Guard (the "Coast Guard"); due and proper notice of the Motion having been given; and it appearing that the terms of the Settlement and Release Agreement ("Settlement Agreement") are reasonable and fair in light of the particular circumstances of this case, that such terms fall within the reasonable range of litigation possibilities, and that the WSCLT Trustee's decision to settle and compromise the matters addressed in the Motion and the Settlement Agreement is an exercise of reasonable business judgment; it is hereby ORDERED that:
1. The Settlement Agreement is approved in all respects and the parties thereto are authorized to carry out its terms.
2. The WSCLT Trustee is authorized to execute, deliver, and implement any and all documents, fully perform any and all obligations, and take any and all actions, reasonably necessary or appropriate to effectuate the Settlement Agreement without further Order of the Court.
This Court retains jurisdiction to enforce and implement the terms and provisions of the Settlement Agreement, all amendments thereto, any waivers and consents thereunder, each of the documents in connection therewith in all respects, and any and all disputes related to the aforementioned.