JUDITH FITZGERALD, Chief Judge, Bankruptcy
Upon the motion, dated August 18, 2004 (the "Motion"), of the above-captioned debtors and debtor-in-possession (the "Debtors"), for an order under Fed.R.Bankr.P. 9019 approving a compromise and settlement (the "Settlement") between Owens Corning ("OC") and AXA Belgium S.A. ("AXA") and after due deliberation thereon; and due and proper notice of the Motion having been given; and good and sufficient cause appearing therefore, it is hereby
Except as otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Motion.
ORDERED, ADJUDGED AND DECREED THAT:
1. The Motion is GRANTED, and the Settlement between OC and AXA is approved on the terms set forth in this Order, the Motion and the exhibits thereto.
2. OC, AXA, and their respective officers, employees and agents are hereby authorized to execute such documents and do such acts as are necessary or desirable to carry out the transactions contemplated by the Settlement.
3. This Court shall retain jurisdiction to decide any disputes arising between OC and AXA with respect to the transactions contemplated by the Settlement.
4. This Court finds that this is a reasonable, good faith Settlement. By approving the Settlement, this Court is not making any specific findings as a matter of law or fact, as a part of this Order, whether or not Century Indemnity Company or Central National Insurance have any contribution or indemnification rights against AXA Belgium, what effect the Settlement may have on any such rights, or whether or not any such rights can or will be affected by a 524(g) injunction in this case. By approving the settlement, the Court is not purporting to rule on any such rights as part of this Order. However, the approval of the Settlement and the terms of this Order do not preclude entry in the future of other Orders that may affect such rights.