DISTRICT COURT, CITY AND COUNTY OF DENVER,
STIPULATION OF SETTLEMENT
This Stipulation of Settlement (the "Stipulation"), dated as of March 26, 2003, is made and entered into by and
among the following parties (as defined further in Section V (1) hereof) to the above-entitled Litigation:
(i) the Plaintiff (in his representative capacity on behalf of himself and the Class) by and through his counsel of
record in the Litigation; and (ii) the "Settling Defendants" by and through their counsel of record in the Litigation.
The Stipulation is intended by the Settling Parties to fully, finally and forever resolve, discharge and settle the
Released Claims (as defined herein), upon and subject to the terms and conditions set out in this joint Stipulation
of Settlement. This settlement is contingent upon resolution of an Interpleader Action to be filed by or against the
Settling Defendants' insurance company and the payment of a minimum amount of Insurance Proceeds into the
Settlement Fund as provided herein.
I. THE LITIGATION
This lawsuit (referred to in this Stipulation as "the Class Action" or "the Litigation") was filed in the District Court
for the City and County of Denver, Colorado on January 3, 2001. The Class Action generally alleges that the
Settling Defendants and others engaged in violations of the Colorado Securities Act in connection with the selling
of units in Marcum Midstream 1997-1 Business Trust (hereinafter "Trust").
II. PRETRIAL PROCEEDINGS AND DISCOVERY IN THE LITIGATION
Class Counsel has conducted extensive research and investigation during the prosecution of the Litigation. This
discovery and investigation has included, inter alia, (i) inspection of hundreds of pages of documents produced by
the Settling Defendants, available public records, and documents voluntarily provided by numerous cooperating
class members; (ii) review of hundreds of pages of the PPM and its supplements; (iii) review of a previously filed
federal lawsuit and arbitrat