SETTLEMENT AGREEMENTSettlement Agreement • August 15th, 2012 • New York
Contract Type FiledAugust 15th, 2012 JurisdictionThis Settlement Agreement (the “Agreement”) is made and entered into as of August 15, 2012 by and among (i) Lehman Brothers Holdings Inc. (“LBHI”), as Plan Administrator for LBHI under the Modified Third Amended Joint Chapter 11 Plan of Lehman Brothers Holdings Inc. and Its Affiliated Debtors (the “Plan”),1 (ii) the Official Committee of Unsecured Creditors (the “Committee”) appointed in the Chapter 11 Case (as defined below), (iii) Wells Fargo Bank Northwest, N.A., not in its individual capacity but solely as Indenture Trustee (the “Trustee”) under that certain Indenture dated December 21, 2004 (the “Indenture”) between the Trustee and OMX Timber Finance Investments II, LLC (“OMX”), (iv) OMX, and (v) Boise Land & Timber II, LLC (“Boise”). LBHI, the Committee, the Trustee, OMX, and Boise shall each be referred to individually as a “Party” and collectively as the “Parties.”