Laserfiche WebLink
<br />19. Exhibit A to the Plan "Liquidating Trust Agreement" is hereby deleted, and substituted <br />in its place shall be Exhibit A- "Liquidating Trust Agreement" in the form attached hereto. <br />20. Exhibit D to the Plan "Executory Contracts to be Assumed" is amended by inserting <br />as additional executory contracts to be assumed by the Benton Estate the following: <br />1. Amended Restated Agreement of Limited Partnership of Colorado Baseball <br />Partnership 1993, Ltd., dated October 29, 1992. <br />Z. Shareholders Agreement between Oren L. Benton and Hullos Del. Coto Cortes <br />S A ("HCC") effective June 1, 1994. <br />3. Shareholder Agreement between Oren L. Benton and Sort Securities Ltd. <br />DISCUSSION OF MODIFICATIONS TO THE PLAN <br />21. The modifications to Section ].12, 1.39, 1.62, 7.2(a) and (b), and 7.3(b) are technical <br />changes to clarify the working of said sections, and do not in any way constitute a substantive change. <br />22. The changes to Section 1.47, Section 14.1(k) and Section 16.8 are intended to assist <br />in the administration of the tax matters of the Estates and the Liquidating Trust. The change to <br />Section 1.47 is designed to provide that absent a specific election by the Proponent to the contrary, <br />the Effective Date will occur on the last day of a month. This will facilitate obtaining a final <br />determination of the Benton Estate's tax liability. The modification to Section 16.8 is made to clarify <br />that for tax purposes tax attributes (net operating losses, etc.) do not revert to Benton until such time <br />as they are no longer needed by the Bankruptcy Estate. <br />23. Revisions to Article II of the Plan clarify that the Administrative Claims dealt with by <br />Article II may in certain instances include claims which extend beyond the Effectil~e Date. The <br />treatment of any such Administrative Claim is not affected, such claim being still required to be paid <br />in full, when allowed. <br />24. The change to Section 6.2(a) clarifies the computation of the claim amount of an <br />unsecured Creditor of Nuexco Exchange, AG ("NEAG"), which is added to the unsecured claim of <br />the same Creditor at Nuexco Trading Corporation's ("NTC") Estate. The wording change is <br />consistent with the manner in which such increased claim at NTC was computed for purposes of the <br />illustrations of potential Creditor recoveries disclosed in the Disclosure Statement for this Plan. <br />Accordingly, this change is a technical change which does not adversely affect the recovery of any <br />Creditor. <br />25. The revision to subsection (iii) of Section 7.1 is to clarify that in transferring assets <br />of anon-Debtor directly to the Liquidating Trust the Liquidating Trustee must compl~~ with existing <br />corporate or partnership law. <br />S <br />DN 94 SSB.] 1680 DD7D~ , <br />_5_ <br />