AGREEMENT TO SETTLE WITH AND RELEASE JUDGMENT DEBTOR
This is an Agreement between CRT Corporation, a Nevada
corporation (CRT) and Xx Xxxx and Xxxxx Xxxxxx (for themselves and
also on behalf of Xxx Xxxx) jointly referred to herein as Judgment
Creditors. It is entered into in Orange County, California and is
effective when fully signed as provided below.
Underlying Facts
a. Judgment Creditors have a judgment against several parties
including CRT in the principal sum of $10,059,051 ("Judgment"). The
Judgment was entered on May 14, 2001 in the Xxxxx Xxxxxx Xxxxxxxx
Xxxxx, Xxx Xxxxx, Xxxxxx, and a copy is attached hereto, marked as
Exhibit A. Said Judgment accrues interest at the rate of 11.50% per
annum from date of entry or $1,156,790.80 per year. It is believed,
but the parties are uncertain, that the Judgment is joint and several
as to all Judgment Debtors named therein.
b. There is a third judgment creditor by the name of Xxx Xxxx who has
relinquished and assigned any claim to the Judgment to Judgment Creditors.
c. CRT and Judgment Creditors desire to settle any claim between them as
to the Judgment on the terms set forth herein.
NOW THEREFORE, in consideration of the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. CRT shall issue its common stock to Judgment Creditors (title in the
form and number of issues as they shall designate) based upon the following
formula:
(a) The per share value shall be equal to 80% of the average closing
price of the stock for the first ten days of trading; and
(b) The total number of shares to be issued (based upon the
aforesaid per share valuation) shall be equal to the amount necessary to
satisfy $300,000.00 of the interest on the Judgment.
2. Upon receipt of the aforesaid shares, Judgment Creditors
shall release CRT from said Judgment. No further claim on the Judgment shall
thereafter be asserted or pursued by Judgment Creditors against CRT.
To the extent necessary, CRT shall cooperate in the future with
Judgment Creditors to facilitate collection of the balance of the
Judgment against the remaining Judgment Debtors there under.
CRT CORPORATION
Dated: June 21, 2002 By/s/Xxxx Xxxxx
Xxxx Xxxxx, President
Dated: June 21, 2002 By/s/ XX XXXX
XX XXXX, Judgment Creditor
Dated: June 21, 2002 By/ XXXXX XXXXXX
XXXXX XXXXXX, Judgment Creditor