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FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM INDEX NO. 902565-24
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/14/2024
«
Af IAS Part 10 of the Supreme Court of the
State of New York, held in and for the
County of New York at the Courthouse, 60
Centre Street, New York, New York, 10607
on ther day of ety 2000.
PRESENT;
HON. BEATRICE SHAINSWIT,
Justice,
In the Matter of the Application of
IBJ SCHRODER BANK & TRUST COMPANY (not Index No. 101530/98
in its individual capacity but in its capacity as Trustee ;
under a Trust Agreement dated as of December 21,
1985 among Resources Satellite Corp,, J. Henty : ORDER AND JUDGMENT
Schroder Bank & Trust Company and the Beneficiaries
thereunder),
Petitioner,
for an order, pursuant to CPLR § 7701,
for a Construction of an Indenture and
Approval of a Settlement,
Petitioner, 1IBJ Bank &Trust Company (now known as [BJ Whitehall Bank &
Trust Company) “TBP, solely in its capacity # successor trustee under a trust (the “Investor
Trust”) established under a trust agreement (the “Investor Trust Agreement”) dated as of
December 23, 1985 among Resources Satellite Corp, J. Henry Schroder Bank & Trust Company
(now known as IBJ) and the beneficiaries thereunder, having applied " this Court for an order
pursuant to CPLR § 7701 for, inter alia, approval of a settlement (the “Proposed Settlement”) of
* an action currently pending before this Court and capticned, 1BJ Schroder Bank: & Trust
Company, et al. v. GF Capital Spaccnet Services, Inc., et al, Index No. 601228/96 (Shainswit, J.)
(the “Spacenet Action”), such Proposed Settlement being embodied in the settlement agreement
new york 647865 vi {Dvw90ILdoe]
FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM INDEX NO. 902565-24
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/14/2024
(the “Settlement Agreement”) attached as Exhibit D to the Petition (the “Verified Petition”) filed
| by IBJ in this proceeding and verified on January 14, 1998 (a copy of the Settlement Agreement is
annexed hereto as Exhibit A); and
Certain beneficiaries (the “Dissenting Beneficiaries”) of the Investor Trust being
represented by William H. Bode of Bode & Beckman LLP and having objected to the Proposed
Settlement and the relief sought by Petitioner in this proceeding and
The Appellate Division, First Department having ruled on April 20, 2000 that IBJ
has the power as trustee of the Investor Trust to settle the Spaconet Action and having remanded
this proceeding to this Court to determine whether the Court’s approval of the Proposed
osthront is vapid and
Upon reading and filing the Verified Petition and the exhibits thereto; the Affidavit
of William H. Bode in Support of the Motion to Dismiss the Verified Petition, sworn to April 14,
1998 and the exhibits thereto; the Affirmation of Owen C. Pell, for Petitioner, in Opposition to
Motion for an Order Removing IB] as Trustee and in Opposition to Cross-Motion to Dismiss the
Verified Petition, dated April 20, 1998 and the exhibits thereto; the Reply Affirmation of John S.
Willems, for Petitioner, in Further Opposition to Cross Motion to Dismiss the Verified Petition,
dated April 20, 1998; the written memoranda submitted by counsel for the Petitioner and counsel
for the Dissenting Beneficiaries dated June 6, 2000; the reply letter submitted by counsel for the
Dissenting Beneficiaries dated June 16, 2000; the reply letter submitted by counsel for the
Petitioner dated June 23, 2000; and upon all prior proceedings and pleadings herein; and after the
matter was submitted to the Court by White & Case LLP attorneys for. IBS and Tashjian & Padian
and Bode & Beckman LLP attorneys for the Dissenting Beneficiaries, and due deliberation having
been had thereon; and this Court having rendered its decision in writing dated August 16, 2000, it
new york 647865 vi [Dvwdbitdoc] " 2 =
FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM INDEX NO. 902565-24
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/14/2024
is hereby
AD_
ILDE ED,
; th at
(a) The Proposed Settlement as embodied in the Settlement Agreement is
approved by the Court; and
(b) 1IBJ 3 decision to enter into the Proposed Settlement as embodied in the
Settlement Agreement is within its powers under the Investor Trust Agreement and is reasonable
and prudent, &
FILED
OCT 03 Ald
COUNTY GLERK'S OFFICE =
NEW YORK |
Ei
gE
-3 =
Frew york 647865 vi {Dww901L.doe]
Preview
FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM INDEX NO. 902565-24 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/14/2024 « Af IAS Part 10 of the Supreme Court of the State of New York, held in and for the County of New York at the Courthouse, 60 Centre Street, New York, New York, 10607 on ther day of ety 2000. PRESENT; HON. BEATRICE SHAINSWIT, Justice, In the Matter of the Application of IBJ SCHRODER BANK & TRUST COMPANY (not Index No. 101530/98 in its individual capacity but in its capacity as Trustee ; under a Trust Agreement dated as of December 21, 1985 among Resources Satellite Corp,, J. Henty : ORDER AND JUDGMENT Schroder Bank & Trust Company and the Beneficiaries thereunder), Petitioner, for an order, pursuant to CPLR § 7701, for a Construction of an Indenture and Approval of a Settlement, Petitioner, 1IBJ Bank &Trust Company (now known as [BJ Whitehall Bank & Trust Company) “TBP, solely in its capacity # successor trustee under a trust (the “Investor Trust”) established under a trust agreement (the “Investor Trust Agreement”) dated as of December 23, 1985 among Resources Satellite Corp, J. Henry Schroder Bank & Trust Company (now known as IBJ) and the beneficiaries thereunder, having applied " this Court for an order pursuant to CPLR § 7701 for, inter alia, approval of a settlement (the “Proposed Settlement”) of * an action currently pending before this Court and capticned, 1BJ Schroder Bank: & Trust Company, et al. v. GF Capital Spaccnet Services, Inc., et al, Index No. 601228/96 (Shainswit, J.) (the “Spacenet Action”), such Proposed Settlement being embodied in the settlement agreement new york 647865 vi {Dvw90ILdoe] FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM INDEX NO. 902565-24 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/14/2024 (the “Settlement Agreement”) attached as Exhibit D to the Petition (the “Verified Petition”) filed | by IBJ in this proceeding and verified on January 14, 1998 (a copy of the Settlement Agreement is annexed hereto as Exhibit A); and Certain beneficiaries (the “Dissenting Beneficiaries”) of the Investor Trust being represented by William H. Bode of Bode & Beckman LLP and having objected to the Proposed Settlement and the relief sought by Petitioner in this proceeding and The Appellate Division, First Department having ruled on April 20, 2000 that IBJ has the power as trustee of the Investor Trust to settle the Spaconet Action and having remanded this proceeding to this Court to determine whether the Court’s approval of the Proposed osthront is vapid and Upon reading and filing the Verified Petition and the exhibits thereto; the Affidavit of William H. Bode in Support of the Motion to Dismiss the Verified Petition, sworn to April 14, 1998 and the exhibits thereto; the Affirmation of Owen C. Pell, for Petitioner, in Opposition to Motion for an Order Removing IB] as Trustee and in Opposition to Cross-Motion to Dismiss the Verified Petition, dated April 20, 1998 and the exhibits thereto; the Reply Affirmation of John S. Willems, for Petitioner, in Further Opposition to Cross Motion to Dismiss the Verified Petition, dated April 20, 1998; the written memoranda submitted by counsel for the Petitioner and counsel for the Dissenting Beneficiaries dated June 6, 2000; the reply letter submitted by counsel for the Dissenting Beneficiaries dated June 16, 2000; the reply letter submitted by counsel for the Petitioner dated June 23, 2000; and upon all prior proceedings and pleadings herein; and after the matter was submitted to the Court by White & Case LLP attorneys for. IBS and Tashjian & Padian and Bode & Beckman LLP attorneys for the Dissenting Beneficiaries, and due deliberation having been had thereon; and this Court having rendered its decision in writing dated August 16, 2000, it new york 647865 vi [Dvwdbitdoc] " 2 = FILED: ALBANY COUNTY CLERK 03/14/2024 01:58 PM INDEX NO. 902565-24 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/14/2024 is hereby AD_ ILDE ED, ; th at (a) The Proposed Settlement as embodied in the Settlement Agreement is approved by the Court; and (b) 1IBJ 3 decision to enter into the Proposed Settlement as embodied in the Settlement Agreement is within its powers under the Investor Trust Agreement and is reasonable and prudent, & FILED OCT 03 Ald COUNTY GLERK'S OFFICE = NEW YORK | Ei gE -3 = Frew york 647865 vi {Dww901L.doe]