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<br />(1) At the <br />annropriate time, ask the Court to enter the Final Decree; and <br />(m) Without limitation, do any and all things necessary to accomplish the <br />purposes of the Plan and this Trust Agreement. <br />4.3 Separate Trust Funds. 'After eivine effect to the <br />provisions of Section ti.l of the Plan, the Assets for each Debtors' Estate shall be held by the <br />Liquidating Trustee in separate and segregated Trust Funds for , <br />Debtor, t_he benefit of the Creditors of such Debtor. all of which in the aeereeate cnnstitutP <br />the L.iauidatine Trust. <br />4.4 Expenses. The Liquidating Trustee is authorized to pay obligations or expenses <br />of; or relating tof the Assets or to Claims against the Estates~nl when the Liquidating Trustee, <br />in his reasonable discretion, deems it to be in the best interests of the ±cn <br />Allowed .pn ral inter ~r d laimc or necessary to effectuate the Plan. Expenses and Claims <br />shall be paid ~ by the Trust Fund which incurred the expense or liability. In the event the <br />expense or liability cannot be clearly allocated to one Trust Fund, the Liquidating Trustee, in <br />consultation with the Oversight Committee, shall make an equitable allocation includine such <br />location to. or on behalf of the Enerev Fuels Trust Funds as is appropriate <br /> _ ranee under the PI n. In h xnr icP ~ <br />reasonable b iciness iudeentent the L.ip uidati ¢ Trustee may also establish the Enerev Fuels <br />Cubcidiarv Creditor Reserve• provid ed ho wever, that nothine in the Plan or th'c Truce <br />Agreement shall prevent the i.ipuida tine Trus?ee from seekine an order from the Court. <br />4:5 Distributions. The Liquidating Trustee shall make Distributions pursuant to and in <br />accordance with the Plan. The Liquidating Trustee tray affect such Distributions by causing one <br />or more of tlte-~Bnsinesses Debtors' Affiliates to make such Distributions directly to the <br />Beneficiaries, if the Liquidating Trustee deems such approach to be in the best interest of <br />Creditors. <br />~3 <br />ON 957 Jfi.1 17680 OOJ07 ICOmpatison o: Documents DNSJ4 ~.2 to ON5J151. 11 <br />6/25/97 9:55 ar <br />