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James Holden <br />July 30, 1993 <br />Page 4 <br />FAIRFIELD AND WOODS, PC. <br />ATTORNEYS AND COUNSELORS AT LAW <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 />