1994-06-27_GENERAL DOCUMENTS - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 6/27/1994
• Doc Name: Case 92 11658 Debtors Second Amended Plan of Liquidation
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

set forth in the M&E Contract, that is, sales may occur
without approval from the Creditors' Trustee, or the
Creditor Representatives, with respect to any sale for
which the sale price is equal to greater than the minimum
price set forth on the confidential price list. For
sales at a price less than the minimum price set forth on
the confidential price list, sales shall require approval
of the Creditor Representatives rather than the Court.
6.2 .5. 1 Sale of Property on Which Reclamation Has Not
Been Completed. In the event that the Mine Site is sold
prior to completion of reclamation, applicable regulatory
authorities, specifically including the DMG, the MLRB,
the OSM, and their respective agents and contractors,
shall be authorized, for reclamation purposes, to enter
onto any disturbed area within the Mine Site, or any
undisturbed area necessary for access to a disturbed
area. Prior to sale, the purchaser shall be advised of
this requirement.
6.2 .6 Reclamation Equipment. The Creditors ' Trust shall
lease the Reclamation Equipment to the MLRB from the
Effective Date to September 1, 1995, for one dollar. The
MLRB shall maintain the Reclamation Equipment from funds
provided pursuant to Section 4 . 3.2 of the Plan and shall
return the Reclamation Equipment to the Creditors ' Trust
at the end of the lease term, or sooner if the MLRB
determines that the Reclamation Equipment is no longer
needed for reclamation of the Debtor's Mine. The
Reclamation Equipment shall be returned in as good a
condition as that in which the Reclamation Equipment was
provided to the MLRB on the Effective Date, normal wear
and tear excepted.
6.2 .7 Limit on Reclamation and Environmental
Obligations. Other than the requirements imposed by
Sections 6.2 .6 and 6 .2 .7 of the Plan, neither the
Creditors ' Trustee, nor the Creditors ' Representatives,
nor the Creditors ' Trust shall have any obligation with
respect to reclamation or environmental cleanup of the
Mine Site, either by virtue of the Plan or by virtue of
ownership or control of any property of the Debtor by the
Creditors' Trust.
6.3 Distributions from Creditors' Trust. The Creditors '
Trust shall pay property tax claims in Class 1 from the proceeds of
property on which the property taxes are owed, or as necessary to
prevent loss of title to tax certificate holders. The Creditors'
Trust also shall pay the Class 2 Allowed Claim as provided in
Section 4 . 1 of the Plan, and tax priority claims as provided in
Section 5.2 of the Plan. All other Net Proceeds held by the
Creditors' Trust shall be distributed as follows:
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