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

(ii) $7 ,000 in cash on the Effective Date, which
shall cause the release of the deed of trust on the
Carbondale Industrial Park securing reclamation of
the Mid-Continent Quarry; and
(iii) the proceeds of the certificates of deposit
securing reclamation of the Marblehead Quarry.
Such property, or the Net Proceeds thereof, shall
constitute forfeited bonds within the meaning of C.R.S.
S 34-33-124 (4 ) , shall be held by the MLRB, and shall be
expended pursuant to Section 4 . 3.4 of the Plan.
4 .3 .2 Augmentation of Reclamation Bond. The assets
pledged to the MLRB and the OSM to secure the Reclamation
Bond shall be augmented by cash payments from the
Creditors ' Trust to the MLRB, in the amount of
$3, 000, 000, less:
(i) the Net Proceeds from the Rockdust Plant or,
in the alternative, the proceeds realized by- the
MLRB and the OSM from foreclosure on the Rockdust
Plant;
(ii) The costs set forth in the Reclamation Bond
for work which is to be performed by M&E pursuant
to the M&E Contract at no cost to the Debtor, as
such work actually is performed; and
(iii) the cost of reclamation work performed prior
to the Effective Date pursuant to cash collateral
orders entered by the Court, the cost of which
shall be determined according to the costs for such
work set forth in the Reclamation Bond.
The adjustments provided by subparagraph (iii) above
shall occur in lieu of the recoupment of cash collateral
from proceeds of the Rockdust Plant provided under prior
cash collateral orders of the Court.
4 . 3 .3 No Other Payment Under Plan. Class 5 claimants
shall receive no other payment under the Plan, as the
holder of administrative claims, general unsecured
claims, or otherwise.
4 .3.4 Timing of Distributions and Expenditure of Funds.
To the extent that funds to be provided to the MLRB
pursuant to Sections 4 . 3 .2, 6.3.2, and 6.3.4 of the Plan
are available, such funds shall be distributed so as to
permit the timely performance of the Reclamation Plan
according to any reclamation schedule negotiated
prospectively among the Debtor, the DMG, and the MLRB.
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