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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

FILED
JUL 25 2018
Clerk, U.S. District & Bankruptcy
Courts for the District of Columbia

AFRICARD CO. LTD.,

Petitioner,

v.

REPUBLIC OF NIGER,

Respondent.

Civil Action No: 1:16-cv-196 (ABJ)

STIPULATION TO VACATE
DEFAULT JUDGMENT AND
DISMISS ACTION WITH
PREJUDICE; ORDER

The parties to this action, Petitioner Africard Co. Ltd. ("Africard"), and Respondent the Republic of Niger ("Niger"), through their respective attorneys of record herein, hereby agree and stipulate that:

1. The default judgment against Niger entered in this action on or about September 27, 2016 in the amount of $46,128,410.46 [Dkt. #26] be vacated pursuant to Fed. R. Civ. Pro. 60.

2. The above-captioned action is dismissed with prejudice pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(ii).

3. Africard shall immediately withdraw any claim, action or attachment made against the real property owned by Niger at 5 East 80th Street, New York, New York (the "Property").

4. The monies held in escrow by counsel for Africard pursuant to the Court's Minute Order of August 17, 2017 shall be released to an account to be designated by counsel for Niger within three (3) business days of entry of this Order.

5. Counsel for Niger shall advise Mr. Aby Rosen, the tenant of the Property, of his obligation to make all future rental payments to Niger, pursuant to the obligations of the lease agreement.

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6. Counsel for Africard shall advise the United States Marshals Service of the entry of this Order and the dismissal of the above-captioned action.

July 19, 2018
New York, New York

Signature

Thomas J. McCormack
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
New York, NY 10019
(212) 408-5100
[email protected]

and

Michael Bhargava
Norton Rose Fulbright US LLP
799 9th Street NW
Suite 1000
Washington, DC 20001

Attorneys for Petitioner Africard Co. Ltd.

Signature

Peter C. Dee
Mavronicolas & Dee LLP
3 Park Avenue 15th Floor
New York, New York 10016
(646) 770-1256
[email protected]

and

Alexander N. Breckinridge
Jones Walker LLP
201 St. Charles Ave
New Orleans, LA 70170-5100

Attorneys for Respondent Republic of Niger

ORDER

IT IS SO ORDERED

Dated: 7/24, 2018

Signature

UNITED STATES DISTRICT JUDGE