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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 4 of 22 <br /> duties or obligations hereunder, except as required by this Liquidating Trust Agreement, the <br /> Plan, the Confirmation Order or applicable law concerning the termination of a trust. <br /> Section 2.3 Unclaimed Distributions. All unclaimed payments or distributions <br /> made to any Creditor under the Plan on behalf of Debtors, including but not limited to, <br /> unnegotiated checks or drafts, shall revert, after four months, to the Liquidating Trustee to be <br /> redistributed pursuant to the Plan, and shall be forfeited as to the affected Creditors. Any <br /> Creditor whose payment is forfeited under this provision will thereafter be treated as having a <br /> Disallowed Claim. At such time as the Liquidating Trustee has declared and made the final <br /> distribution to allowed beneficial interests in the Liquidating Trust, and when six months from <br /> that final distribution is made, any unclaimed funds shall be deemed forfeited by the creditor not <br /> claiming such funds. Thereafter, the Liquidating Trustee shall be authorized to distribute any <br /> such remaining unclaimed funds to any not-for-profit tax exempt institution of the Liquidating <br /> Trustee's choice, so long as it complies with 11 U.S.C. §347. <br /> ARTICLE III <br /> OBLIGATIONS OF THE LIQUIDATING TRUSTEE <br /> Section 3.1 Establishment and Maintenance of Accounts and Reserves. On the <br /> Effective Date, or as soon thereafter as practicable, the Liquidating Trustee shall establish <br /> accounts and reserves at an institution(s) approved by the United States Trustee. In addition, as <br /> soon as practicable after the Effective Date, the Debtors shall close all of their operating accounts <br /> and transfer the proceeds to the Liquidating Trustee to fund distributions, expenses and reserves <br /> required by the Plan, the Liquidating Trust and/or by Court Order. Changes in the amounts <br /> maintained in any account or reserve may be made at any time thereafter in the discretion of the <br /> Liquidating Trustee in consultation with the Liquidating Trust Board. <br /> Section 3.2 Disputed Claims Reserve. <br /> (a) Prior to making each of the distributions under the Plan, the Liquidating <br /> Trustee shall create and fund an account or accounts, to the extent that sufficient assets are <br /> available, with an amount of cash equal to the distributions to which holders of Disputed Claims <br /> would be entitled under the Plan as of such date if such Disputed Claims were Allowed Claims <br /> (the "Disputed Claims Reserves"); provided, however, that the Liquidating Trustee may at any <br /> time file a motion(s) pursuant to section 502(c) of the Bankruptcy Code for an order(s) <br /> estimating and limiting the amount of cash which shall be deposited in any Disputed Claims <br /> Reserves in respect of any Disputed Claims, with notice and an opportunity to be heard to the <br /> affected holders of such Disputed Claims. <br /> (b) After a Final Order has been entered or other final resolution has been <br /> reached with respect to any given Disputed Claim for which cash was reserved in a Disputed <br /> Claims Reserve, the balance, if any, of cash remaining in such Disputed Claims Reserve on <br /> account of such Disputed Claim, after making any distribution to which the holder of such <br /> Claims may have become entitled by virtue of such Final Order or other final resolution, shall be <br /> transferred to any other account established by the Liquidating Trustee. <br /> 4 <br /> 4852-4646-2934.1 <br />