DRAFT SETTLEMENT TERMS TO BE READ INTO THE RECORD This will reflect the settlement agreement among Claimants, the Epstein Parties (Epstein, Jeepers and FTC), the Zwirn Parties (Daniel Zwirn and all of the other Third Party Respondents) and Glenn Dubin (collectively, the "Parties") with respect to the resolution of this proceeding. 1. This proceeding, and all claims, counterclaims and third-party claims in it shall be dismissed with prejudice, with each Party to bear its own costs and attorney's fees, except to the extent Claimants have any indemnification obligations to any of the Zwirn Parties for reasonable attorneys fees and costs in connection with this proceeding (the "Legal Bills"). 2. Jeepers shall receive a claim for $70 million solely against the Fund. Jeepers's $70 million claim will be treated as a "priority" claim in the sense that it will be paid out proportionally (as part of the Fund's orderly liquidation) with the same priority and under the same terms as the Fund makes payments to the Fund's investors/creditors who withdrew from the Fund as of or prior to December 31, 2007 and have not yet been paid. Except as set forth in the prior sentence, Claimants make no representation as to the timing of the actual payments to Jeepers. No interest will accumulate on the $70 million claim. Except to the extent expressly set forth in Paragraph 5 below, Jeepers will have no further priority claims, non-priority claims, or any other claims for any amounts from the Fund, nor any other interest of any type in the Fund, and it and the other Epstein Parties hereby waive to the fullest extent possible all such claims against Claimants, except for any breach of this settlement agreement. 3. The Epstein Parties, on the one hand, and the Claimants, on the other, will exchange full, general releases, including standard language as to releasing affiliates and other related persons, with a carve-out only for any claims for breach of this settlemen