1993-01-18_GENERAL DOCUMENTS - C1981017 (2)

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ciii;trs `rge : deruies:.th tie_ ::: Terierih s` `o +, , �ceta�.na�nq::; tb,at rope >y outweigh : the::,beaef i.ts. :of..such retention. 6.2. 3 Administration of Creditors ' Trust. The Creditors ' Trust shall be administered by a Creditors ' Trustee, supervised by two Creditors ' Representatives. (i) One Creditors ' Representative shall be selected by Sanwa, and the other shall be selected by the three largest Class 9 claimants. (ii) The Creditors' Trustee shall be selected by the Creditors' Representatives and may be removed by the Creditors' Representatives in the exercise of their reasonable discretion. (iii) The Debtor offers to have Louis M. LaGiglia, +auo ' e<>Accoiiiitahf moo;:<`is the Debtor's Vice-President and`"'"'treasurer, aed"Y a Ge_Ftified Pubile Aeeeanta serve as Creditors' Trustee. If the Creditor Representatives select Mr. LaGiglia to serve as Trustree, he shall serve without compensation. (iv) If both Creditors' Representatives wish to have an individual other than Mr. LaGiglia serve as Creditors' Trustee, then, unless otherwise agreed among the Creditors' Trustee and the Creditor Representatives, the Creditors ' Trustee shall be entitled to reasonable compensation for services performed, and such compensation shall be charged Pro Rata against the distributions to Sanwa and Class 9. (v) If one but not both Creditors' Representatives wishes to have an individual other than Mr. LaGiglia serve as Creditors' Trustee, then an individual other than Mr. LaGiglia shall be selected as Creditors' Trustee. In that event, unless otherwise agreed between the Creditor Representatives, the Creditors ' Trustee's compensation shall be charged either against the distribution to Sanwa or the distribution to Class 9, depending upon whether the Creditor Representative wishing an individual other than Mr. LaGiglia was appointed by Sanwa or by the Official Unsecured Creditors' Committee. -14-