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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: COLLINS & AIKMAN CORPORATION, et al.

, Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 05-55927 (SWR) (Jointly Administered) (Tax Identification #13-3489233) Honorable Steven W. Rhodes

STIPULATION REGARDING CLAIM NUMBER 6122 OF PEPSICO, INC. RECITALS A. On January 11, 2006, PepsiCo, Inc. (the Claimant) filed a claim in the amount

not less than $2,086,549.54, of which not less than $16,064.64 was a secured claim and not less than $2,070,484.90 was a general unsecured non-priority claim against Collins & Aikman Products Co. This proof of claim was assigned number 6122 ("Claim 6122"). B. On July 18, 2007, the Bankruptcy Court entered an order confirming the First

Amended Joint Plan of Collins & Aikman Corporation and Its Debtor Subsidiaries (the Plan). C. The Order confirming the Plan provided the mechanism by which the Collins &

Aikman Post-Consummation Trust (the Trust) would [f]ile, settle, compromise, withdraw, or litigate to judgment objections to Claims. D. On April 8, 2008, the Trust filed The Collins & Aikman Post-Consummation

Trusts Thirty-Sixth Omnibus Objection to Claims (Insufficient Books and Records) (the "Thirty-Sixth Omnibus Objection") and The Collins & Aikman Post-Consummation Trusts Thirty-Seventh Omnibus Objection to Claims (Insufficient Books and Records) (the "ThirtySeventh Omnibus Objection") wherein it objected to Claim 6122 and sought to disallow and expunge the secured portion of Claim 6122.

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E. 6122.

The Trust and the Claimant now wish to address the pending objection to Claim

NOW, THEREFORE, based on the foregoing recitals and in consideration of the mutual promises and terms contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Trust and the Claimant agree, and it is hereby ordered, as follows: 1. Disallowance of the Secured Portion of Claim 6122. The secured portion of

Claim 6122, in the amount of $16,064.64, is disallowed and expunged in its entirety. 2. Unsecured Portion of Claim 6122 Remains Unaffected. The unsecured portion

of Claim 6122, in the amount of not less than $2,070,484.90, shall remain unaffected. Nothing in this Stipulation shall waive or release the unsecured portion of Claim 6122. Nothing in this Stipulation shall affect any existing right of the Collins & Aikman Litigation Trust to object to or otherwise contest Claim 6122. 3. Withdrawal of Objections. The Trusts Thirty-Sixth and Thirty-Seventh

Omnibus Agendas are withdrawn only with regard to the Claim 6122. 4. Entire Agreement. This Stipulation and Order constitutes the entire agreement

between the parties with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, representations, agreements and understandings, both written and oral, between the parties or their respective counsel with respect to the subject matter hereof. 5. Amendments. Any amendment or modification of this Stipulation and Order, in

order to be legally binding, must be in a writing specifically referring to this Stipulation and Order and signed by duly authorized representatives of each party hereto. 6. Jurisdiction; Enforceability. The parties to this Stipulation and Order agree that

the Bankruptcy Court shall have exclusive jurisdiction, to which the parties hereby submit, over
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any dispute arising under or relating to this Stipulation and Order or any action or proceeding to enforce the terms of this Stipulation and Order. 7. Counterparts. This Stipulation and Order may be executed in counterparts, each

of which will be deemed an original regardless of the date of its execution and delivery. All of such counterparts considered together shall constitute one and the same document. This

Stipulation and Order may be executed by facsimile signature, which signature shall have the same force and effect as an original signature. 8. Authorized Signatories. Each individual signatory to this Stipulation and Order

represents that he/she has the authority to execute and deliver this Stipulation and Order on behalf of the party for whom he/she is signing. Agreed to and Accepted: THE COLLINS & AIKMAN POST-CONSUMMATION TRUST By:s/H. William Burdett, Jr. Eugene H. Boyle, Jr. (P42023) H. William Burdett, Jr. (P63185) BOYLE BURDETT 14950 East Jefferson, Suite 200 Grosse Pointe Park, Michigan 48230 (313) 344-4000 (313) 344-4001 (facsimile) ATTORNEYS FOR THE COLLINS & AIKMAN POST-CONSUMMATION TRUST Agreed to and Accepted: PEPSICO, INC. By:s/Ann Marie Bredin Michael H. Elam (IL Bar I.D. # 03128364) Ann Marie Bredin (IL Bar I.D. # 06255663) DLA PIPER US LLP 203 North LaSalle Street, Suite 1900 Chicago, Illinois 60601 (312) 368-4000 ATTORNEYS FOR PEPSICO, INC.
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