2021-02-11_GENERAL DOCUMENTS - C1980004 (2)

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Case 1:20-bk-12043 Doc 604-1 Filed 02/11/21 Entered 02/11/21 10:48:19 Desc Exhibit A - Liquidating Trust Agreement Page 8 of 22 may be necessary to enable it to make full and proper reports in respect thereof. Such books and records shall be maintained in a manner consistent with the Plan and this Liquidating Trust Agreement. Except as expressly provided in this Liquidating Trust Agreement, the Plan or the Confirmation Order, nothing in the Liquidating Trust Agreement is intended to require the Liquidating Trustee to file any accounting or seek approval of any court with respect to the administration of the Liquidating Trust, or as a condition for making any payment or distribution out of the Liquidating Trust Assets. Section 4.7 Final Accountingof f Liquidating Trustee. The Liquidating Trustee shall within ninety days after the termination of the Liquidating Trust or its resignation, removal, or liquidation (in which case, the obligation contained in this Section shall pass to the Successor Liquidating Trustee), render a final accounting containing at least the following information: (a) A description of the Liquidating Trust Assets and their disposition; (b) A summarized accounting in sufficient detail of all gains, losses, receipts, disbursements and other transactions in connection with the Liquidating Trust and the Liquidating Trust Assets during the Liquidating Trustee's term of service, including their source and nature; (c) Separate entries for all receipts of principal and income; (d) The ending balance of all Liquidating Trust Assets as of the date of the Liquidating Trustee's accounting, including the cash balance on hand and the name and location of the depository where it is kept; (e) All known liabilities owed by the Liquidating Trust; and (f) The then current Register of Allowed and Disputed Claims. The final accounting shall be filed with the Bankruptcy Court. ARTICLE V LIABILITY OF LIQUIDATING TRUSTEE Section 5.1 Appointment. The Liquidating Trustee is B. Riley serving solely in the capacity as Liquidating Trustee of the Hopedale Creditors Trust and not otherwise. Section 5.2 Resignation. The Liquidating Trustee may resign by giving not less than sixty (60) days' prior written notice thereof to the Liquidating Trust Board and the United States Trustee; provided, however, that such resignation shall not become effective until the appointment and Bankruptcy Court approval of a successor Liquidating Trustee in accordance with Section 5.4 hereof If a Liquidating Trustee resigns from its position hereunder, subject to a final accounting, such Liquidating Trustee shall be entitled to all accrued but unpaid fees, expenses, and other compensation to the extent incurred, arising or relating to events occurring before such resignation, and any out-of-pocket expenses reasonably incurred in connection with the transfer of all powers and duties to the successor Liquidating Trustee. 8 4852-4646-2934.1