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1994-02-01_GENERAL DOCUMENTS - C1981017 (2)
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1994-02-01_GENERAL DOCUMENTS - C1981017 (2)
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Last modified
2/1/2021 8:35:06 AM
Creation date
5/1/2012 10:42:47 AM
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Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
2/1/1994
Doc Name
Case No. 92 11658 Debtors 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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Mr. LaGiglia to serve as Trustree, he shall serve <br /> without compensation. <br /> (iv) If both Creditors' Representatives wish to <br /> have an individual other than Mr. LaGiglia serve as <br /> Creditors' Trustee, then, unless otherwise agreed <br /> among the Creditors' Trustee and the Creditor <br /> Representatives, the Creditors' Trustee shall be <br /> entitled to reasonable compensation for services <br /> performed, and such compensation shall be charged <br /> Pro Rata against the distributions to Sanwa and <br /> Class 9. <br /> (v) If one but not both Creditors' Representatives <br /> wishes to have an individual other than Mr. <br /> LaGiglia serve as Creditors' Trustee, then an <br /> individual other than Mr. LaGiglia shall be <br /> selected as Creditors' Trustee. In that event, <br /> unless otherwise agreed between the Creditor <br /> Representatives, the Creditors' Trustee's <br /> compensation shall be charged either against the <br /> distribution to Sanwa or the distribution to Class <br /> 9, depending upon whether the Creditor <br /> Representative wishing an individual other than Mr. <br /> LaGiglia was appointed by Sanwa or by the Official <br /> Unsecured Creditors' Committee. <br /> (vi) The Creditors' 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 /> 13 <br />
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