GENERAL48153 - Laserfiche WebLink

Home Browse Search

~ ~3 (I) ~ At the ta~Slnriate time, ask the Court to enter the Final Decree; and (m) Without limitation, do any and all things necessary to accomplish the purposes of the Plan and this Trust Agreement. 4.3 Separate Trust Funds. "'~. '.-___ `__ .-_` '~_`__ :' ter giving ff t to th provisions of Section 6.1 of the Plan. the Assets for each Debtors' Estate shall be held by the Liquidating Trustee in separate and segregated Trust Funds for , . 13ebtor. the benefit of the C itors of such Debtor. all of which in the aggreoare rnncT~r,ae the L.iauidating Trust. 4.4 Expenses. The Liquidating Trustee is authorized to pay obligations or expenses off or relating toy the Assets, or to Claims against the Estates. only when the Liquidating Trustee, in his reasonable discretion, deems it to be in the best interests of the $enefieiaries Allowed General Unsecure~~ or necessary to effectuate the Plan. Expenses and Claims shall be paid ~ by the T;tust Fund which incurred the expense or liability. In the event the expense or liability cannot Ibe clearly allocated to one Trust Fund, the Liquidating Trustee, in consultation with the Oversight Committee, shall make an equitable allocation includine such location to, or on behalf of th Fn rev Fuel Trutt Fundc c 's aoorooriat . 4.5 Payment of IEnertty Fuels Subsidiary Creditor Claims. Prior to ma_kine any Disnibution. or payments t 'v 1 imc, th .ia ~idatin T tree chat oav all Energy Fuels Sub~~ 1 .m w c c .m d by th rchaser and/or constitutes a Permitted F.ncumbra_nce under the Plan. In the exer~ice o reasonable busintss judgement. the L.iauidating Trustee may also establish the Energy Fuels ubsidiarv Creditor Reserve: provided. however. that nothing in the Plan or thic Trutt Agreement shall prevent the Lipuidating Trustee,,,jrom seeking n ord r from h port after Notice and Hearing. approving the amount of the Energy Fuels Subsidiary Creditors eserve after which all rit~hts of Energy Fuels Subsidiary Creditors shall be limited solely against such reserve in accordance with the Plan. ~- d:5 Distributions. The Liquidating Ttvstee shall make Distributions pursuant to and m accordance with the Plan. The Liquidating Trustee may affect such Distributions by causing one or more of the-Businesses Debtors' Affiliates to make such Distributions directly to the Beneficiaries, if the Liquidating Trustee deems such approach to be in the best interest of Creditors. DN 95776.1 17680 00707 ICompert.sar. o: Documenca DN5J4 ~.2 co DNS7151.11 6/25/97 9:55 ae.