Exhibit 99.1
CONFIDENTIAL SETTLEMENT MATERIALS
PROTECTED BY DELAWARE RULE EVID.
408
AMENDMENT NO. 1
TO
SPRINT/iPCS FORBEARANCE
AGREEMENT
THIS AMENDMENT NO. 1 (this
“Amendment”), dated as of December 12, 2005 (effective
date), to the SPRINT/iPCS FOREBEARANCE AGREEMENT (the
“Forbearance Agreement”), dated as of July 28, 2005, by
and among SPRINT CORPORATION, SPRINT SPECTRUM L.P., WIRELESSCO
L.P., SPRINT COMMUNICATIONS COMPANY L.P., SPRINT TELEPHONY PCS,
L.P.,SPRINT PCS LICENSE, L.L.C. and NEXTEL COMMUNICATIONS, INC.
(collectively, “Sprint”); iPCS, INC. and iPCS WIRELESS,
INC. (collectively, “iPCS”); HORIZON PERSONAL
COMMUNICATIONS, INC. (“Horizon”); and BRIGHT PERSONAL
COMMUNICATIONS SERVICES, L.L.C. (“Bright” and together
with Horizon and iPCS, the “iPCS Affiliates”).
Capitalized terms used but not defined in this Amendment have the
meanings assigned to them in the Forbearance Agreement.
RECITALS
A.
The parties have previously executed the Forbearance
Agreement.
B.
Certain parties to this Amendment are parties to that certain
action pending in the Court of Chancery of the State of Delaware
(the “Court”) relating to the Horizon and Bright
Complaint (the “Action”).
C.
The parties desire to amend the Forbearance Agreement as set forth
in this Amendment.
NOW THEREFORE, in consideration of
the mutual promises contained in this Amendment, the parties agree
as follows:
1.
Amendments .
(a)
Section 4.1 of the Forbearance Agreement is superseded and replaced
in its entirety with the following:
Section 4.1 Term
. Unless earlier terminated pursuant to Section 2.10(a),
2.10(d) or Section 4.2, this Agreement will terminate on the date
any decision after trial is
