I think the only reason they did it was the sport package comes with tires that can do 160+ and the 4.4 can barely do 149 so there was no real risk in doing so

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2006 BMW X5 4.8is Lemans Blue/Beige/Dark Maple
-Nav, Comfort Seats, Heated Steering Wheel,
Rear Airbags, AUX Input
2009 BMW M3 Space Grey/Black/Carbon
-all options