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1993-01-18_GENERAL DOCUMENTS - C1981017
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1993-01-18_GENERAL DOCUMENTS - C1981017
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Last modified
1/25/2021 1:52:26 PM
Creation date
5/1/2012 10:35:03 AM
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DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
1/18/1993
Doc Name
Case No. 92 11658 Debtors First/Second Amended Plan of Liquidation
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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DRMS Re-OCR
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Signifies Re-OCR Process Performed
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(vi) The Creditor Representatives shall be <br /> entitled to reimbursement of actual and reasonable <br /> expenses but otherwise shall serve without <br /> compensation. <br /> (vii) The Creditors ' Trustee, with the approval of <br /> the Creditors' Representatives, may engage legal, <br /> accounting, or other services necessary to the <br /> performance of the Creditors' Trustee's <br /> administration of the Creditors' Trust. <br /> (viii) The Creditors' Trustee shall report in <br /> writing to the Creditors ' Representatives quarterly <br /> regarding the Creditors' Trustee's activities, or <br /> more often to the extent requested by either <br /> Creditors' Representative. <br /> (ix) In the event of resignation of the Creditors ' <br /> Trustee or a Creditors' Representative, a successor <br /> shall be selected in the same manner as set forth <br /> above. <br /> 6.2.4 Exculpation. Neither the Creditors' Trustee nor <br /> either of the Creditors' Representatives shall be <br /> personally liable to the Creditors' Trust, to the holder <br /> of an Allowed Claim, or to the Debtor or its corporate <br /> affiliates, arising out of any act or omission as <br /> Creditors' Trustee or Creditor Representative, except for <br /> such acts or omissions as shall constitute misfeasance, <br /> gross negligence, or willful disregard of duties. Except <br /> for such acts or omissions, the Trustee and the <br /> Creditors' Representatives shall, from time to time, be <br /> entitled to be exonerated and indemnified by the <br /> Creditors' Trust against any loss, expense, or liability <br /> which they may suffer. Neither the Creditors' Trustee <br /> nor the Creditors' Representatives shall be required to <br /> give any bond or surety for the performance of their <br /> duties and, if so otherwise ordered, shall be entitled to <br /> be reimbursed for the cost of such bond or surety from <br /> the Creditors' Trust. <br /> 6.2.5 Liquidation of Assets. The property held by the <br /> Creditors' TrustrFidr: pcsae 't�sv`atorn may be sold <br /> by the Creditors' Trufstee...witliout -fu=trier'"order of the <br /> Court=, but sale of any single item of real or <br /> personal property for a price in excess of $100,000 shall <br /> not be made without the express written consent of both <br /> Creditor Representatives. Notwithstanding the foregoing, <br /> -15- <br />
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