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GENERAL36743
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Last modified
8/24/2016 7:57:09 PM
Creation date
11/23/2007 8:51:39 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978222UG
IBM Index Class Name
General Documents
Doc Date
7/1/1997
Doc Name
MODIFICATION TO MODIFIED FIRST AMENDED PLAN OF REORGANIZATION FOR JOINTLY ADMINISTERED DEBORTS
Media Type
D
Archive
No
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,~ ~ _ i Z . <br />duties under the Plan or perform the purpose of the Plan and this Trust <br />Agreement; - <br />{d) Open and maintain bank accounu and deposit funds aild~ draw checks and <br />make disbursements in accordance with the Plan and this Trust Agreement; <br />(e) Except as otherwise provided in 5zction-~-~ibf the Plan ens this Trust <br />engage and have such attorneys, accountants, engineers, <br />agents, tax specialise, financial advisors, appraisers, investment bankers, <br />other professionals, and clerical and stenographic assistance as may, in the <br />discretion of the Liquidating Ttvstee, be deemed necessary; <br />(f) Sue and be sued and file or pursue objections to Claims; <br />(g) Enforce, waive or release rights, privileges or immunities of any kind; <br />(h) Vote any share or shares of stock and otherwise exercise the rights <br />appurtenant to ownership of such stock: <br />(i) In general, without in any manner limiting any of the foregoing, or the <br />fol deal with the Assets or any part or parts thereof in all other <br />ways as would be lawful for any person owning the same to deal therewith, <br />provided. however. that the investment powers of the Liquidating Trustee, <br />other than those reasonably necessary to maintain the value of the lcsstts <br />;t,S5et5 of the Liquidating Trust and to further the liquidating purpose of the <br />trust, are limited to the power to invest in demand and time deposits, such <br />as short-term certificates of deposit, in banks and other savings institutions, <br />or other temporary, liquid investments, such as United States Treasury <br />Bills; <br />(j) Institute or continue li[igation, including Avoidance Actioas, which were <br />or otherwise could have been brought by the Debtors or Creditors' <br />Committee on behalf of the Estates, and prosecute or defend all litj atj0 <br />~ appeals on behalf of the Estates and, when appropriate, settle such <br />actions and claims with the approval of the Court after hearing on notice, <br />provided that without the prior consent of the Oversight Committee, the <br />Liquidating Trustee shall not enter imo any settlement of any Claim that <br />results in an atlovred w d Claim of $100,000 or more; <br />(k) Obtain and pay for insurance coverage relative to the proper performance <br />of his duties under the Plan and this Trust Agreement, and to <br />indemnification for himself and others provided for in the Plan, and this <br />Trust Agreement; <br />DN 957]6.: 17680 00)07 ICOmperiaon o[ Documents DN51454.2 [o DNS7451. 11 <br />6125/97 9:55 em <br />
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