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IN RE 995 FIFTH AVE. ASSOCIATES, L.P.

Bankruptcy No. 88 B 10237(TLB).

96 B.R. 24 (1989)

In re 995 FIFTH AVENUE ASSOCIATES, L.P., Debtor.

United States Bankruptcy Court, S.D. New York.

As Amended February 16, 1989.

Attorney(s) appearing for the Case

Haythe & Curley by Michael Blumenthal, New York City, for Stanhope Interstate Associates, L.P.

Paul, Weiss, Rifkind, Wharton & Garrison by Joseph Samet, Robert Laufer, New York City, for Centrust Services, Inc.

Angel & Frankel, P.C., by Joshua Angel, Ira Abel, New York City, for debtor.

Wachtell, Lipton, Rosen & Katz by Theodore Gewertz, New York City, for Ensign Bank, N.A.

White & Case by Allan Gropper, New York City, for American Stanhope Partners.

Charles H. Weintraub, New York City, for Hopeful Enterprises, Inc.

Myerson & Kuhn by Leon Marcus, Paul Silverstein, New York City, for Committee of Unsecured Creditors.

MEMORANDUM DECISION FIXING AMOUNT OF BREAKUP FEE

TINA L. BROZMAN, Bankruptcy Judge.

At the end of November, 1988, I conducted an auction of and confirmed the sale for $76,000,000 cash to Tobishima Associates, Ltd. (Tobishima) of the debtor's interest in the Stanhope Hotel. In addition to authorizing the sale of the building, furniture, fixtures and equipment, I authorized the debtor to assume and assign to Tobishima certain executory contracts, including...

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