THE UNITED STATES OF AMERICA, BY AUTHORITY OF THE ATTORNEY GENERAL OF THE UNITED STATES AND ACTING AT THE REQUEST OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY (EPA), FILED A COMPLAINT AGAINST PRESENT AND FORMER SHAREHOLDERS OF BURNS IRON & METAL COMPANY (BIMCO) SEEKING TO RECOVER ASSETS OF BIMCO UNDER THE SECTIONS 3306 AND 3307 OF THE FEDERAL DEBT COLLECTION PROCEDURE ACT (FDCPA), 28 U.S.C. §§ 3306, 3307 AND THE FEDERAL PRIORITY ACT (FPA), 31 U.S. § 3713(A). THE COURT PREVIOUSLY ENTERED A STIPULATION, SETTLEMENT AGREEMENT AND ORDER BETWEEN THE UNITED STATES AND SOME (BUT NOT ALL) OF THE PRESENT AND FORMER SHAREHOLDERS OF BIMCO. THIS STIPULATION, SETTLEMENT AGREEMENT AND ORDER IS BETWEEN THE UNITED STATES AND THE REMAINING PRESENT AND FORMER SHAREHOLDERS OF BIMCO, SPECIFICALLY BRIAN BUMS, THOMAS BURNS AND THE THOMAS P. BURNS TRUST. THE UNITED STATES AND THE SETTING DEFENDANTS AGREE THAT SETTLEMENT OF THIS ACTION WITHOUT FURTHER LITIGATION IS IN THE PUBLIC INTEREST AND THAT ENTRY OF THIS STIPULATION, SETTLEMENT AGREEMENT AND ORDER IS THE MOST APPROPRIATE MEANS OF RESOLVING THIS MATTER.