shl Doc 36 Filed 05/15/12 Entered 05/15/12 17:26:47 Main Document Pg 1 of 5

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1 shl Doc 36 Filed 05/15/12 Entered 05/15/ Main Document Pg 1 of 5 Harvey R. Miller Stephen Karotkin Alfredo R. Pérez Stephen A. Youngman WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York Telephone (212) Facsimile (212) Attorneys for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Chapter 11 Case No. AMR CORPORATION, et al., (SHL) Debtors. (Jointly Administered) AMR CORPORATION, et al., Adversary Proceeding Plaintiffs, Case No (SHL) v. WILLIAM R. CANADA JR.; TERRIE L. WILLIAMS; JON MICHAEL BARRON; WALLACE T. PREITZ II; LINDA ZAGON; JASON JAMES AND TERESA JAMES; ANDREA FONG; LAWRENCE MEADOWS; DONALD M. BERRY; ANDREA TWITCHELL; AND JOHN DOE, Defendants.

2 shl Doc 36 Filed 05/15/12 Entered 05/15/ Main Document Pg 2 of 5 STIPULATION, AGREEMENT, AND ORDER BETWEEN THE DEBTORS AND WALLACE T. PREITZ II TO EXTEND THE AUTOMATIC STAY This stipulation, agreement, and order (the Stipulation ) is entered into between AMR Corporation and certain of its subsidiaries, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors or American ) and Wallace T. Preitz II (the Defendant, and together with American, the Parties ). RECITALS 1. On November 29, 2011 (the Commencement Date ), American commenced with this Court a voluntary case under chapter 11 of title 11, United States Code (the Bankruptcy Code ). American is authorized to continue to operate its business and manage its properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 2. American s chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Rule 1015(b) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ). 3. The Defendant is a party to the following litigation against American Wallace T. Preitz II v. American Airlines, Inc., American Airlines, Inc. Pilot Long Term Disability Plan, and American Airlines, Inc. Pension Benefits Administration Committee, docketed as 211-cv-0044, currently pending before the United States District Court for the Eastern District of Pennsylvania (the Action ). In addition to American, the Action names the American Airlines, Inc. Pilot Long Term Disability Plan and the American Airlines, Inc. Pension Benefits Administration Committee as a third party defendants (the Third-Party Defendants ). 2

3 shl Doc 36 Filed 05/15/12 Entered 05/15/ Main Document Pg 3 of 5 4. On March 22, 2012, American commenced the above referenced Adversary Proceeding by filing a complaint (ECF No. 1) (the Complaint ) seeking to have the automatic stay imposed by section 362 of the Bankruptcy Code (the Automatic Stay ) extended to the Third-Party Defendant. 5. On March 22, 2012, American filed a motion to extend the automatic stay or, in the alternative, for a preliminary injunction enjoining the continuation of the action pending the Court s ruling on the Complaint (ECF No. 2) (the Motion ). 6. The Defendant has agreed to an extension of the Automatic Stay to the Third-Party Defendants in the Action, and, therefore, American has agreed to dismiss the Defendant from the Complaint and Motion. AGREEMENT 7. The Automatic Stay is hereby extended to the Third-Party Defendants with respect to the Action; provided, however, that nothing in this Stipulation is intended to prevent the Defendant from seeking in the future before this Court relief from the Automatic Stay (including as extended by this Stipulation) pursuant to section 362(d) of the Bankruptcy Code with respect to the Action. 8. The Defendant is hereby dismissed from the Complaint and the Motion without prejudice. 9. This Stipulation may not be modified, amended, or vacated other than by a signed writing executed by the Parties and approved by order of this Court. 10. Each person who executes this Stipulation on behalf of a Party hereto represents that he or she is duly authorized to execute this Stipulation on behalf of such Party. 3

4 shl Doc 36 Filed 05/15/12 Entered 05/15/ Main Document Pg 4 of This Stipulation shall be governed by, and construed and enforced in accordance with the laws of the State of New York, without giving effect to the principles of conflict of laws thereof. 12. The Parties hereby irrevocably and unconditionally agree that the Court shall retain exclusive jurisdiction to interpret, implement, and enforce the provisions of this Stipulation. 13. This Stipulation may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Evidence of execution of this Stipulation may be exchanged by fax or by electronic transmission of a scanned copy of the signature pages or by exchange of an originally signed document, each of which shall be as fully binding on the party as a signed original. 4

5 shl Doc 36 Filed 05/15/12 Entered 05/15/ Main Document Pg 5 of This Stipulation shall not be effective until approved by a final and nonappealable order of the Court. Dated New York, New York May 8, 2012 By /s/ Stephen A. Youngman Harvey R. Miller Stephen Karotkin Alfredo R. Pérez Stephen A. Youngman WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York Telephone (212) Facsimile (212) Attorneys for the Debtors and Debtors in Possession By /s/ Ronald H. Surkin Ronald H. Surkin GALLAGER, SCHOENFELD, SURKIN, CHUPEIN & DEMIS, PC 25 West Second St. P.O. Box 900 Media, PA Telephone (610) Facsimile (610) Attorneys for Defendant APPROVED AND SO ORDERED this 15th day of May, 2012 BY THE COURT /s/ Sean H. Lane Sean H. Lane United States Bankruptcy Judge 5