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• <br />' iirutiotrBate; <br />-Bate-. <br />4:6-Reporting 4 7 Statements. The Liquidating Trustee shall deliver each member of the <br />Oversight Committee a statement within ten (10) Business Days after the end of"each calendar <br />quarter showing (i) all receipts and disbursements of the Liquidating Trust (including each of the <br />Reserves) during such quarter, and (ii) the amoun[ of (A) Available Cash and IB) each of the <br />Reserves, in each case at the beginning and end of such quarter, such statement to be certified by <br />the Liquidating Trustee as being true and accurate in all material respects. To the extent practical, <br />the staterrtertt ~ shall provide separate information for each Trust Fund, <br />d~ 4 $ Tax Returns. <br />~. The Liquidating Trustee shall file all tax returns and other friirtgs Ct~t~ <br />with governmental authorities on behalf of the Liquidating Trust and the <br />rkssets accPtc it holds, including tax returns for the Liquidating Trust as a <br />grantor trust pursuant to Section 1.671~(a) of the United States lacattte <br />Tax Regulations. The L.iauidatine Trustee shall provide such <br />h ' withhold and nav over anv amounts <br />required by tax law. <br />4.9 4.$ Engagement of Professionals. The Liquidating Trustee shall obtain the <br />approval of the Oversight Committee prior to retention and engagement of any professional. The <br />fees and expenses of such ptofessionat Qrofessionals shall be paid from the Operating Reserve as <br />provided in the Plan. <br />4.~ 4 ~ Establishment of Reserves. The Liquidating Trustee shall establish, on the <br />Effective Date of the Plan, or as soon thereafter az is prmieat , out of the Effective <br />Date Cash, the Operating Reserve, the Professional Fee Application Reserve, and the Disputed <br />Senior Claims Reserve in accordance with and pursuant to the terms of the Plan. ThC <br />Liquidating Trustee may alc_o establish the Enerev Fuelc_ Subsidiary Creditor Reserve <br />oursuantto and in accordance with the Plan. <br />4.11 4:i9 Withholding Taxes. The Liquidating Trustee shall be entitled to deduct <br />any federal or state withholding taxes from any payments made with respect to Allowed Claims, <br />as appropriate, and shall otherwise comply with Section 346 of the Bankruptcy Code. <br />'7 <br />DN 9576.: :680 OGJO~ (COmpa[ison o: Documents DNSJ4:}.2 co DNS795:. 11 <br />6/25/9 9:55 am U <br />