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Case 1:20-bk-12043 Doc 604-1 Filed 02/11/21 Entered 02/11/21 10:48:19 Desc <br /> Exhibit A - Liquidating Trust Agreement Page 16 of 22 <br /> Section 9.10 Notices. Any notice or other communication hereunder shall be in <br /> writing and shall be deemed given upon (a) confirmation of receipt of a facsimile transmission, <br /> (b) confirmed delivery by a standard overnight carrier or when delivered by hand, or (c) the <br /> expiration of five (5) Business Days after the day when mailed by registered or certified mail <br /> (postage prepaid, return receipt requested), addressed to the respective parties at the following <br /> addresses (or such other address for a party as shall be specified by like notice): <br /> If the Liquidating Trustee, to: <br /> B. Riley Advisory Services, Liquidating Trustee of Hopedale Creditors Trust <br /> c/o Wayne Weitz <br /> 299 Park Avenue, 215t Floor <br /> New York, NY 10171 <br /> With a copy to: <br /> Geoffrey S. Goodman <br /> Foley & Lardner LLP <br /> 321 North Clark Street <br /> Suite 3000 <br /> Chicago, IL 60654-4762 <br /> Telephone: (312) 832-4514 <br /> ggoodman@foley.com <br /> and <br /> T. Kent Barber <br /> Barber Law PLLC <br /> 2200 Burrus Drive <br /> Lexington, KY 40513 <br /> Telephone: (859) 296-4372 <br /> kbarber@barberlawky.com <br /> Section 9.11 Irrevocability. The Liquidating Trust is irrevocable. <br /> Section 9.12 Relationship to Plan. The Liquidating Trustee shall have full power <br /> and authority to take any action consistent with the purposes and provisions of the Plan. <br /> However, in the event that the provisions of this Liquidating Trust Agreement are found to be <br /> inconsistent with the provisions of the Plan, the provisions of the Plan shall control. <br /> Section 9.13 Retention of Jurisdiction. As provided in Article X of the Plan, the <br /> Bankruptcy Court shall retain jurisdiction over all matters arising out of, and related to, the <br /> Chapter 11 Cases and the Plan, including, but not limited to, interpreting and implementing the <br /> provisions of this Liquidating Trust Agreement. <br /> 16 <br /> 4852-4646-2934.1 <br />