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<br />. vtiotr~ate: <br />, g-the--)wino; <br />~atr. <br />#.fi~eportirtg 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 t:ach calendar <br />quarter showing (i) all receipts and disbursements of the Liquidating Trust (including each of the <br />Reserves) during such quatter, and (iij the amount of (A) Available Cash and (B) each of the <br />Reserves, in each case at the beginning and end of such quaver, 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 statement statements shall provide separate information for each Trust Fund. <br />d:~ ~ Tax Returns. <br />~ The Liquidating Trustee shall file all tax returns and other ftlittgs tU <br />with governmental authorities on behalf of the Liquidating Trust and the <br />r4ssrts assets it holds, including tax returns for the Liquidating Trust as a <br />grantor trust pursuant to Section 1.671-4(a) of the United States Income <br />Tax Regulations. he Liguidatine Trustee shall urovide sus <br />' f ion to the Beneficiaries as will enable them to properly fil <br />their separate tax returns and withhold and pay over anv amounts <br />reouired by tax law. <br />(b) The Liguid atine Tr ustee is authoriz ed to act as aeent fo r the Estate s in <br />wi h holdin e or oavi ne over anv am ounts reouired by law (inc ludine tax <br />awl to be withhe ld or paid by t he Estates in conn ectio n with th <br />ran sfer a nd assi ¢rrment of the Assets to the Lio uida tine T ru <br />purs uant t o the Pl an. <br />4.9 4.$ Engagement of Professionals. The Liquidating Trustee shall obtain the <br />approval of the Oversight Corrunittee prior to retention and engagement of any professional. The <br />fees and expenses of such prefessiorrat Rrofessionals shall be paid from the Operating Reserve as <br />provided in the Plan. <br />4:9 4 ~Q Establishment of Reserves. The Liquidating Trustee shall establish, on the <br />Effective Date of the Plan. or as soon thereafter as is practical , 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. Ttte <br />Liouidatin~ Trustee maw also_estat lish the Enerev Fuels Subsidiary Creditor Reserve <br />pursuant to and in accordance with the Plan. <br />4.11 #~9 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 />=j <br />DF 95]6.: :7680 G~J6~ Kompa rr sor. c.` Gocomen[s pN5J45~.2 [o pN `3451.1 <br />c/25/c~ c: SS am U <br />