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1993-07-30_GENERAL DOCUMENTS - C1981017
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1993-07-30_GENERAL DOCUMENTS - C1981017
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Last modified
1/28/2021 5:14:50 PM
Creation date
4/30/2012 10:58:37 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
7/30/1993
Doc Name
Plan of liquidation filed 07/02/1993
From
Fairfield and Woods, P.C.
To
Holden & Jessop, P.C.
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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FAIRFIELD AND WOODS, PC. <br /> ATTORNEYS AND COUNSELORS AT 1.01 <br /> James Holden <br /> July 30 , 1993 <br /> Page 4 <br /> Section 6 . 2 . 3 -- The word "be" needs to be inserted in the <br /> third line between "shall" and "paid. " <br /> Section 6 . 2 . 5 (ix) - - After confirmation I believe that the <br /> Committee will go out of existence . Consequently, how will a <br /> successor Creditor Representative be selected? <br /> Section 6 . 2 . 6 -- Insert the word "any" in the first line on <br /> page 11 between "of" and "act . " Also, isn' t the phrase "from time <br /> to time" after the word "indemnified" duplicative of the other use <br /> of that phrase? <br /> Section 6 . 2 . 7 -- Omit the second appearance of the word <br /> "order" in the third line . Also, add the word "or" in the sixth <br /> line up from the bottom between "to" and "greater. " Finally, what <br /> about adding the phrase "as for sales in excess of $100 , 000, " or <br /> words to that effect in the last line before the phrase "rather <br /> than the Court"? <br /> Section 6 . 2 . 8 -- Add the phrase "in as good a condition as <br /> that in which the Reclamation Equipment was provided to the Debtor <br /> upon the Effective Date, normal wear and tear excepted. " <br /> Section 6 .2 . 9 -- The $1 . 5 million and the $250, 000 should be <br /> reduced by whatever sums have been spent by the estate and the <br /> Creditors' Trust through the date (s) that the $1 . 5 million and <br /> $250 , 000 are paid to the Reclamation Trust on reclamation and <br /> environmental activities . <br /> Section 6 . 3 .4 -- Insert the word "be" between "shall" and <br /> "paid" in the fourth line. <br /> Section 6 . 3 . 7 -- Add a section stating that in the event the <br /> funds in the Reclamation Account are insufficient to do what the <br /> MLRD would like to have done, there shall be no claims or rights <br /> against any other assets of the estate or the Creditors' Trust, or <br /> words to that effect . <br /> Section 6 .4 . 5 -- The seventh line should read "misfeasance, <br /> gross negligence, or willful disregard of duties . " Also, the same <br /> question about the duplication of the "from time to time" phrase as <br /> noted above . <br /> Section 6 . 4 . 6 -- Add a section regarding the Environmental <br /> Trust like Section 6 . 3 . 7 suggested for the Reclamation Trust . <br />
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