FILED: NEW YORK COUNTY CLERK 04/09/ :56 PM INDEX NO /2017 NYSVRF' YSO DOC. NO. 60 RECEIVED NYSCEF: 04/09/2018

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1 651181)2017 FILED: NEW YORK COUNTY CLERK 04/09/ :56 PM INDEX NO /2017 NYSVRF' YSO DOC. NO. 60 RECEIVED NYSCEF: 04/09/2018 SUPREME COURT FOR THE STATE OF NEW YORK. COUNTY OF NEW YORK GENON MID-ATLANTIC, LLC, Index No /2017 Plaintiff, 1.A.S. Part 53 - against - Justice Ramos MORGANTOWN OL1 LLC; MORGANTOWN Motion Sequence Nos. 001 and 002 OL2 LLC; MORGANTOWN OL3 LLC; MORGANTOWN OL4 LLC; MORGANTOWN OL5 LLC; MORGANTOWN OL6 LLC; MORGANTOWN OL7 LLC; DICKERSON OL1 LLC; DICKERSON OL2 LLC; DICKERSON OL3 LLC; DICKERSON OL4 LLC; and U.S. BANK NATIONAL ASSOCIATION, Defendants. STIPULATION AND PROPOSED ORDER WHEREAS, on June 5, 2017, Defendants Morgantown OLI LLC, Morgantown OL2 LLC, Morgantown OL3 LLC, Morgantown OL4 LLC, Morgantown OL5 LLC, Morgantown OL6 LLC, Morgantown OL7 LLC, Dickerson OL1 LLC, Dickerson OL2 LLC, Dickerson OL3 Lessors" LLC, Dickerson OL4 LLC (collectively the "Owner Lessors") filed a Motion to Dismiss Plaintiff's Complaint (Motion Sequence No. 001); WHEREAS, on June 5, 2017, Defendant U.S. Bank National Association ("U.S. Bank," "Defendants" and together with the Owner Lessors, the "Defendants") filed a Motion to Dismiss (Motion Sequence No. 002, and together with Motion Sequence No. 001, the " Motions to Dismiss" Dismiss"); and WHEREAS, on January 29, 2018, the Court so ordered that the return dates for Motions to Dismiss (both Motion Sequence Nos. 001 and 002) both be adjourned to April 20, 2018 (Dkts. 48 and 49); and 1 of 6

2 NYSCEP DOC. NO. 60 RECEIVED NYSCEF: 04/09/2018 WHEREAS, the Plaintiff and the Owner Lessors, among others, have reached agreement on the terms of a settlement, which, when implemented, will resolve in their entirety this lawsuit and the Motions to Dismiss, and are working to consummate that settlement. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that: 1. The return dates for Motions to Dismiss (both Motion Sequence Nos. 001 and 002) shall both be adjourned to June 22, Plaintiff's papers in opposition to Motions to Dismiss (both Motion Sequence Nos. 001 and 002), if any, shall be served on counsel on or before June 7, papers in reply to Plaintiff's opposition to Motions to Dismiss (both Motion Sequence Nos. 001 and 002), if any, shall be served on Plaintiff's counsel on or before June 21, Nothing in this Stipulation shall prejudice any Party's right to request extending this schedule. IT IS FURTHER STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that by entering into this Stipulation, no party prejudices or waives any of its rights, claims, or defenses that could be asserted herein. IT IS FURTHER STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that this Stipulation may be executed in counterparts, and that signatures transmitted electronically or by facsimile shall be deemed as original for purposes of this Stipulation. 2 2 of 6

3 NYSCEF DOC. NO RECEIVED NYSCEF: 04/09/2018 April 4, 2018 KIRKLAND & ELLIS LLP njamin Fader Cooper 601 Lexington Avenue New York, New York (212) (telephone) (212) (fax) Attorneys for Plaintiff I 3 of 6

4 NYSCEF NYSCEP DOC. NO RECEIVED NYSCEF: 04/09/2018 April +,, 2018 CURTIS, MALLET PREVOST, COLT & MOSLE LLP 4',:~ By: Turner P. Smith 101 Park Avenue New York, NY (212) (telephone) (212) (fax) Attorneys for Plaintiff 4 of 6

5 .NYSCEf NYSCEZ DOC. NO. 60 RECEIVED NYSCEF: 04/09/2018 April MILBANK TWEED, HADLEY & McCLOY LLP By: Matthew l L tterner 28 Liberty Street.New York, NY (212) (telephone) (212) (fax) mlatterner@rnilbank;com Attorneys for the Owner Lessors 5 of 6

6 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 04/09/2018 April, 2018 SHIPMAN AND GOODWIN LLP By. ill M..O' cote 400 Park Avenue, 5th Floor New York, NY (212) (telephone) (212) (fax) Attorneys for U.S. Bank National Association as Indenture Trustee SO ORDERED p/g/i F J.S.C charles.."".".99 6 of 6b