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GENERAL48153
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Last modified
8/24/2016 8:24:02 PM
Creation date
11/23/2007 4:08:28 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1981021
IBM Index Class Name
General Documents
Doc Date
7/1/1997
Doc Name
MODIFICATIONS TO MODIFIED FIRST AMENDED PLAN OF REORGANIZATION FOR THE JOINTLY ADMINISTERED DEBTORS
Media Type
D
Archive
No
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<br />duties under the Plan or perform the purpose of the Flan ;and this Trust <br />Agreement; - <br />(d) Open and maintain bank accounts and deposit funds atrd} drtw checks and <br />make disbursements in accordance with the Plan and this Trust Agreemen[; <br />(e) Excep[ as 4>;h~'S provided in Smion-iLH-ef the Plan ;ttls this Trust <br />g engage and have such attorneys, accountatrts, engineers, <br />agents, tax specialists, financial advisors, appraisers, investment bankers, <br />other professionals, and clerical and stenographic assistance as may, in the <br />discretion of the Liquidating Trustee, 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 matrner limiting any of the foregoing,~lle <br />[ollowip 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 assets <br />;1SSgI5 of the Liquidating Tnrst and to further the liquidating purpose of the <br />trtrst, 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 investmenu, such as United tat Treasury <br />Bills; <br />(j) Institute or continue litigation, including Avoidance Actions, which were <br />or otherwise could have been brought by the s or Creditors' <br />committee on behat_f of the Estates, and prosecute or deft:nd all !u'1~ti4II <br />4S 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 into any settlement of any Claim that <br />results in an aHevrec! j Claim of $100,000 or more; <br />(k) Obtain and pay for insurance coverage relative to the pn>pet 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 />Trvst Agreement; <br />lz <br />DN 957]6.: 17600 00707 (COmpariaon of Documenca DNS7454.1 co DN5JI51.11 <br />6/25/97 9:55 em <br />
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