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to make their obligations under this Agreement and the releases provided hereby conditioned
upon approval of this Agreement by the Circuit Court in the Receivership Proceeding. The form
of order granting the Motion is attached hereto as Exhibit 1 (the “Form of Order”).
Contemporaneous with its execution of this Agreement, Cyclone will instruct its Virginia
counsel to endorse the Form of Order as “Seen and Agreed” and to deliver the endorsed Form of
Order to counsel for the Receiver. Within ten business days after the execution of this
Agreement by the Receiver and Cyclone, the Receiver shall file the Motion, shall then request
the earliest available date on the calendar of the Court, and thereafter, shall transmit notice of the
hearing to all parties in interest. Upon entry of the Form of Order, the Receiver shall provide a
certified copy of the entered order (once entered to be referred to as the “Approval Order”) to
counsel for Cyclone and to the Escrow Agent. Closing of the transactions contemplated by this
Agreement shall occur no later than five business days after entry of the Approval Order by the
Circuit Court.
2.
Entitlement to Deposit. The Receiver and Cyclone hereby agree that the
Receiver shall be entitled to $375,000 of the Deposit and Cyclone shall be entitled to $124,500
of the Deposit.
3.
Escrow Fee. Cyclone shall be fully responsible for the Escrow Fee payable to the
Escrow Agent.
4.
Instructions to Escrow Agent. The Receiver and Cyclone hereby irrevocably
instruct the Escrow Agent to disburse the Deposit by wire transfers (using wire instructions to be
provided by the parties) within three business days after the Escrow Agent’s receipt of the
Approval Order, as follows: (a) $375,000 to the Receiver and (b) $124,500 to Cyclone. The
Receiver and Cyclone hereby instruct the Escrow Agent to pay itself the remaining $500.00 to
satisfy the Escrow Fee. The Receiver and Cyclone agree that upon the Escrow Agent’s wire
transfers of such funds to the Receiver and Cyclone in accordance with the foregoing
instructions: (i) the Escrow Agent shall have fully discharged all of its obligations to the
Receiver and Cyclone with respect to the Deposit and (ii) the Receiver and Cyclone shall be
deemed to have released the Escrow Agent from any claim of any sort relating to the Deposit or
the Escrow.
5.
Releases. The following releases shall be effective immediately upon entry of the
Approval Order by the Circuit Court:
(a)
From Cyclone. Except for the Receiver’s obligations to Cyclone arising
under this Agreement, Cyclone hereby fully and unconditionally releases the Receiver, FourLeaf
Federal Credit Union, f/k/a Bethpage Federal Credit Union, Commonwealth Commercial
Partners, LLC (“CCP”), and the employees, officers, directors, agents, and attorneys of any of
them (collectively, the “Seller Parties”), from any and all claims, demands, debts, actions,
causes of action, suits, contracts, agreements, obligations, accounts, losses, defenses, offsets, and
liabilities of any kind or character whatsoever, whether contingent in whole or in part or fixed,
accrued in whole or in part or unaccrued, legal or equitable, known or unknown, suspected or
unsuspected, in contract or in tort, that Cyclone ever had, now has, or may have against any of
Case 25-23251-MEH Doc 18-19 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
Exhibit 6 Page 9 of 19
ANN public excerpt | ECF 18-19, pages 8-19 | combined source PDF 445/478
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