Case 2:16-bk BB Doc 1220 Filed 07/17/18 Entered 07/17/18 08:08:17 Desc Main Document Page 1 of 6 UNITED STATES BANKRUPTCY COURT

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1 Case :-bk--bb Doc 0 Filed 0// Entered 0// 0:0: Desc Main Document Page of Scott F. Gautier (State Bar No. ) SGautier@RobinsKaplan.com Kevin D. Meek (State Bar No. 0) KMeek@RobinsKaplan.com 0 Century Park East, Suite 00 Los Angeles, CA 00 Telephone: 00 Facsimile: 00 Attorneys for Province Inc., as Trustee of the NG DIP Liquidating Trust FILED & ENTERED JUL 0 CLERK U.S. BANKRUPTCY COURT Central District of California BY wesley DEPUTY CLERK UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA DIVISION In re: NG DIP, INC. (f/k/a Nasty Gal Inc.), a California Corporation, Debtor and Debtor in Possession. Case No. :-bk--bb STIPULATED ORDER RESOLVING NG DIP LIQUIDATING TRUST S OBJECTION TO PROOF OF CLAIM NO. FILED BY YAHOO!, INC. Date: July, 0 Time: :00 a.m. Place: Courtroom East Temple Street Los Angeles, CA 00 0 Yahoo!, Inc. ( Yahoo ), having filed Proof of Claim No. - (the Yahoo Claim ) in the above-captioned debtor s (the Debtor ) chapter case, and Province, Inc., as trustee (the Trustee ) of the NG DIP Liquidating Trust (the Liquidating Trust ), having filed an objection to the Yahoo Claim on December, 0 (the Objection ) (Docket No. ), and the Liquidating Trust and Yahoo having agreed to enter into this Stipulated Order to resolve the Liquidating Trust s Objection, the Court finds and concludes that (i) the relief requested is appropriate and in the best interest of the Debtor s bankruptcy estate; (ii) the Court has

2 Case :-bk--bb Doc 0 Filed 0// Entered 0// 0:0: Desc Main Document Page of jurisdiction over this matter pursuant to U.S.C. and ; (iii) proper notice has been given; and (iv) good cause having been shown, IT IS HEREBY ORDERED, that,. In full settlement of the Liquidating Trust s Objection to the Yahoo Claim, and the Liquidating Trust s claims against Yahoo under section of the Bankruptcy Code, Yahoo shall pay, or cause to be paid, to the Liquidating Trust, the sum of $,0. (the Payment ). The Payment shall be due and payable, and made to the Liquidating Trust following the th calendar day after entry of this Stipulated Order on which no stay of the Stipulated Order is in effect (the Effective Date ).. The Yahoo Claim is hereby ALLOWED as an unsecured claim against the Debtor s bankruptcy estate in the amount of $,0. (the Unsecured Claim ), and pursuant to stipulation previously executed among the Parties, an administrative claim in the amount of $,0. (the Priority Claim ), which Priority Claim has been fully satisfied by the Liquidating Trust. Other than the Unsecured Claim and the Priority Claim, Yahoo does not assert and shall 0 not be entitled to any other claim of any nature against the Debtor s bankruptcy estate.. The terms and conditions of this Order shall be immediately effective and enforceable upon its entry.. The Bankruptcy Court shall retain jurisdiction over all matters arising from or related to the implementation, interpretation and/or enforcement of this Order.. The hearing on the Liquidating Trust s Objection, currently set for July, 0, at :00 a.m. is VACATED.. Upon consummation of the terms of this Stipulated Order, the Parties shall have no further obligations under this Stipulated Order, and on behalf of themselves and their respective representatives, agents, attorneys, predecessors, successors, insurers, administrators, heirs, - -

3 Case :-bk--bb Doc 0 Filed 0// Entered 0// 0:0: Desc Main Document Page of beneficiaries, executors, lenders, advisors, employees, and assigns, and all other persons claiming by, through or under them hereby irrevocably, unconditionally and forever release and discharge each other and each of the Parties respective current and former trustees, beneficiaries, officers, board members, directors, agents, employees, members, attorneys, representatives, insurers, predecessors and successors in interest from any and all manner of past, present or future actions or causes of action, liens, encumbrances, claims, damages, rights, obligations, liabilities, debts, accounts, judgments, demands, costs and expenses of every kind and description whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, arising under or related to the Liquidating Trust s claims under section of the Bankruptcy Code; provided, however, that this release does not release any claims, liabilities, obligations, or causes of action arising from or relating to any Party s failure to comply with this Stipulated Order.. The Parties acknowledge that they have investigated to their complete satisfaction all facts and potential claims released under Paragraph above which they may have against each other and that there is a risk that after the execution of this Stipulated Order they will discover, 0 incur, or suffer such claims which were unknown or unanticipated at the time this Stipulated Order is executed, and if known on the date of execution and delivery, may have materially affected their decision to execute this Stipulated Order. The Parties acknowledge and agree that the reason for the mutual release above is that they are assuming the risk of such unknown claims, and agree that this Stipulated Order applies thereto. In connection herewith, the Parties expressly waive and relinquish the benefits of Section of the California Civil Code, which section reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. - -

4 Case :-bk--bb Doc 0 Filed 0// Entered 0// 0:0: Desc Main Document Page of. The Parties acknowledge that this Stipulated Order constitutes the final and entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous negotiations, discussions, agreements and understandings of the Parties, whether oral or written, with respect to such subject matter IT IS SO ORDERED ### 0 Date: July, 0 - -

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