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

the date of assessment of such claim, together with interest from
the Effective Date accrued at the rate of 6% per annum, compounded
annually.
ARTICLE VI
EXECUTION AND IMPLEMENTATION OF THE PLAN
6. 1 Payments on Effective Date. All cash payments to be
made on the Effective Date to claii: . in Classes 3, 5, 7, 8, and 11
or to administrative claims shall be paid by the Debtor from the
Debtor's cash assets existing on the Effective Date. In the event
that any such claims are not Allowed Claims on the Effective Date,
the Debtor shall reserve funds for such claims. After such claims
have been allowed and paid, the Debtor shall transfer any excess
reserve funds to the Creditors ' Trust pursuant to Section 6 .2 .2 of
the Plan.
6.2 Creditors ' Trust. The Creditors ' Trust shall be
established on the Effective Date in accordance with the following
terms and provisions:
6.2. 1 Property Transferred into or Controlled by the
Creditors ' Trust. On the Effective Date, the following
property shall be transferred into the Creditors ' Trust:
(i) all cash of the Debtor after payment of or reserve
for the sums required under Section 6. 1 of the Plan; and
(ii) all choses in action, including all avoidance powers
of the Debtor arising under the Bankruptcy Code. In
addition, on the Effective Date, the Creditors' Trustee
shall be given an irrevocable power of attorney vesting
the Creditors' Trustee with full and exclusive power and
authority to convey title to the following property: (i)
the Mine Site; (ii) the Carbondale Industrial Park; (iii)
the Coke Oven Property; (iv) the Fabrication Shop; (v)
the Mid-Continent Quarry; (vi) all equipment; and (vii)
all other real and personal property of the Debtor,
excepting only (a) the Rockdust Plant, which is to be
disposed of as provided by Section 4 . 3. 1 of the Plan; and
(b) the Marblehead Quarry, which is to be abandoned
pursuant to Section 6.4 of the Plan.
6.2 .2 Disposition of Property Transferred into or
Controlled oy Creditors' Trust. Property transferred
pursuant to the Creditors ' Trustee's power of attorney
shall be transferred free and clear of liens and claims,
except for the statutory lien of real property taxes.
Pending such transfer, all creditors of the Debtor shall
be enjoined from all efforts to collect their claims from
the property which is subject to the Creditors' Trustee's
11