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<br />(1) 3atc AL.She <br />appropriate time, ask the Coun [o enter the Final Decree; :md <br />(m) Without limitation, do any and all things necessary to aa:omplish the <br />purposes of the Plan and this Trust Agreement. <br />4.3 Separate Trust Funds. 'After trivine effect to the <br />provisions of Section 6.1 of the Plan, the Assets for each Debtors' Estate shall be held by the <br />Liquidating Ttustee in separate and segregated Trust Funds for ~ ~d--hevrerer, <br />-Fund <br />~_ r.nx ~.___ <br />, , flR <br />, sting-Trttstes <br />rittd-~forsuch <br />Hebtor. the benefit of the Creditors of such Debtor. all of which in the aeeresate constitute <br />Lhe Liauidatine Trust. <br />4.4 Expenses. The Liquidating Trustee is authorized to pay obligatiott~, or expenses <br />of} or relating toy the Assets} or to Claims against the EstatesJnl~ when the Liquidating Trustee, <br />in his reasonable discretion, deems it to be in the best interests of the $eneftciarirs Holders of <br />Allowed General Unsecured Claims or necessary to effectuate the Plan. Expense;> and Claims <br />shall be paid 4p by the Ttust Fund which incurred the expense or liability. In the event the <br />expense or liability cannot be clearly allocated to one Trust Fund, the Liquidatinl; Trustee, in <br />consultation with the Oversight Committee, shall make an equitable allocation iQt~ludine such <br />allocation to. or on behalf of the Enerev Fuels Trust Funds as is appropriate. <br />4 <br />utsutpunon, or pavmenu ro nmaers or wpmtntstranve uamts. me t,tpwpaune t n~stee snau <br />pav all Ener¢v Fuels Subsidiary Creditor Claims. unless such Claim was ass tmed by the <br />Purcharcer and/or constitutes a Permitted Encumbrance under the Plan. Ln the exercise of <br />re?cnnable btsLness iudeement. the L.ipuidatin¢ Trustee may also establish the E;nerev Fuels <br />Subsidiary Creditor Reserve: provided. however. that nothine in the Plan or this Trust <br />Agreement shall prevent the Liauidatine Trustee from seekine an order fro t the Court. <br />v' -v Creditors <br />ter which all rights of Energv Fuels Subsidiary Creditors shall be 1'mited solely <br />against such reserve in accordance with the Plan. <br />4.6- <br />4:-5 Distributions. The Liquidating Trustee shall make Distributions pursuant to and in <br />accordance with the Plan. The Liquidating Trustee may affect such Distributions by causing one <br />or more of dte--Bnsiaesses Debtors' Affiliates to make such Distributions directly to the <br />Beneficiaries, if the Liquidating Trustee deems such approach to be in the be!~t interest of <br />Creditors. <br />~3 <br />DN 95736.1 17680 OOJD7 ICOmpari sor. o: Documents DNSJ4 ~.2 to DN53451.11 <br />6/25/97 9:55 ar. <br />