1994-02-06_GENERAL DOCUMENTS - C1981017

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LaGiglia, who is a Certified Public Accountant and the Debtor's Vice-President and Treasurer, has agreed to serve in such capacity without compensation. If an individual other than Mr. LaGiglia serves as Creditors' Trustee, the Creditors' Trustee shall be entitled to reasonable compensation to be paid out of the Creditors' Trust. If both Creditor Representatives wish to have an individual other than Mr. LaGiglia serve as Creditors' Trustee, then the Creditors' Trustee shall be entitled to reasonable compensation for services performed, and such compensation shall be charged pro rata against the distributions to Class 4 and Class 9. If the Creditor Representative for either Sanwa (Class 4) or the unsecured creditors (Class 9) , but not both, wishes to have an individual other than Mr. LaGiglia serve as Creditors' Trustee, then an individual other than Mr. LaGiglia shall be selected; however, the Creditors' Trustee's compensation then shall be charged either against the distribution to Class 4 or the distribution to Class 9, depending upon whether the Creditor Representative wishing another individual was appointed at the request of Class 4 or Class 9. These provisions for compensation of the Creditors' Trustee may be overridden by the Creditors' Trustee and the Creditor Representatives if they are able to agree on other arrangements for compensation of the Creditors' Trustee. The property held by the Creditors' Trust may be sold by the Creditors' Trustee without further Court order but sale of any single item for a price in excess of $100,000 shall not be sold without the express written consent of both Creditor Representatives. The ME Contract shall be assigned to the Creditors' Trustee and equipment sales will go forward on the terms provided under the ME Contract. That is, sales may occur without approval from the Creditors' Trustee, the Creditor Representatives, or the Court, provided that the sales price is at or above the minimum prices set forth on the confidential price list. For sales at a price less than the minimum price set forth on the confidential price list, sales shall require approval of the Creditor Representatives rather than the Court. D. Other Provisions 1. Effective Date The Plan becomes effective on either the first business day to fall thirty days after the date on which the Order confirming the Plan becomes final and non-appealable, or the first business day on which the Debtor has funds sufficient to make certain cash payments required by the Plan, whichever is later, but in no event later than August 1, 1994 . This date is referred to as the "Effective Date. " 31