ASHINC Corporation, et al., Debtors., Catherine E. Youngman, Litigation Trustee for Ashinc Corporation, et al., as Successor to the Official Committee of Unsecured Creditors of Ashinc Corporation, and it's Affiliated Debtors, Plaintiff, BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Ltd., and Spectrum Investment Partners, L.P., Intervenors, v. Yucaipa American Alliance Fund I, L.P., and Yucaipa American Alliance (Parallel) Fund I, L.P., Defendants, Catherine E. Youngman, Litigation Trustee for Ashinc Corporation, et al., as successor to BDCM Opportunity Fund II, LP, Black Diamond CLO 2005-1 Ltd., Spectrum Investment Partners, L.P., Black Diamond Commercial Finance, L.L. C., as co-administrative agent, and Spectrum Commerical Finance LLC, as co-administrative agent, Plaintiff, v. Yucaipa American Alliance Fund I, L.P., and Yucaipa American Alliance (Parallel) Fund I, L.P., Defendants. Findings of Fact Conclusions of Law