PERMFILE102602

• Permit No: M1978039HR
• IBM Index Class Name: Permit File
• Doc Date: 7/1/1997
• Doc Name: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLO
• Media Type: D
• Archive: No

' e basis to develop strateeies for Asset deposition.
ARTICLE III.
LIQUIDATING TRUSTEE ACCEPTANCE
3.1 Acceptance of Liquidating Trust. The Liquidating Trustee accepts the
Liquidating Trust imposed by this Ttvst Agreement and the Plan, and agrees to perform upon and
subject to the terms and conditions set forth herein~rtd-in-tktc-Ptatr. and in the Plan.
3.2 Name of Tt'~st. T he L.i pmidatine T rusr_ estabLched hereby shall bear thr namr
"
"
nton L.ipuidatin>' Trutt
In conn eMion with the exercice of hit powers a uthorities an
uties c Lipuidat~ne Trt!aeP th e Lip uidatina Tr ucteP may use c uch name or cuch variatio
ereon as he sees fit. or may u se his own name . as L.ipuidatinmr Trustee.
ARTICLE IV. .
RIGHTS, POWERS AND DUTIES OF LIQUIDATING TRUSTEE
4.1 Stat»s of Liquidating Trustee. On the Effective Date of the Plan, the Liquidating
Trustee shall be the representative of the Estates at term is used in 11
§ 1123(61f3)(Bl and shall have the rights and powers provided for in the Bankruptcy Code in
addition to any rights and powers granted in this Trust Agreement and in the Plan. The
Liquidating Trustee shall be the successor-in-interest to the Debtors and the Committee with
respect to any Avoidance Action or any other action AIIllZll commenced by a Debtor or the
Committee prior to the Confirmation Date and shall be deemed substituted for the came c th
party in such liti¢atio All such Avoidance Actions ,
sha~-be-. Actions. and other actions and any and all other caimc, rights or interesr
conctiRutine Assets. shall be preserved. retained and enforced by the Liquidating Trustee as the
representative of the Estates pursuant to 11 U.S.C.
§ 1123(bN31Bl. The Lip~atine Trustee shall be a party-in-interest ac to all matters over
w
4.2 Authority. Subject to any limitations contained in, or as otherwise provided by,
this Trust Agreement or in the Plan, the Liquidating Trustee shall have the following powers,
authorities and duties,~y way of the illusrtration and not of limitation:
(a) Manage, sell and convert all or any portion of the Assets to Cash and
distribute the Net Distributable Proceeds as specified in the Plan;
(b) Release, convey or assign any right, title or interest in or about the Assets
of QI any portion thereof:
(c) Pay and discharge any costs, expenses, professional fees or obligations
deemed tmecessary to preserve or enhance the value of the Assets, discharge
I/
DN 957]6.1 17680 00707 (Comparison of Dccumen:s DN571 ~.2 co ON57/51.11
6/25/97 9:55 em