0000950133-08-003724 Sample Contracts

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re : : Chapter 11 Case No. Allegiance Telecom, Inc., et al., : 03-13057 (RDD) Debtors. : Jointly Administered
Settlement Agreement • November 10th, 2008 • Xo Holdings Inc • Telephone communications (no radiotelephone) • New York

THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (this “Agreement”) is made this 21st day of October 2008, among XO Holdings, Inc., V&K Holdings, Inc. (“V&K”) and their affiliates (collectively, “XO” or “Plaintiff”), on the one hand, and Allegiance Telecom Liquidating Trust (the “ATLT”) and Eugene I. Davis, solely in his capacity as Plan Administrator for the ATLT (“Davis,” together with the ATLT, the “Defendants”), on the other hand (collectively, the “Parties”).

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