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b. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation", dated and submitted March 3, 1994 (revising <br /> Sections 4.3.2(ii) and 4.3.4 and deleting Section 4.3.6); <br /> C. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation',dated and filed March 9,1994(changing date in <br /> Section 6.5.1 from October 1,1993 to November 29,1993);and <br /> d. "Amendment to Debtor's Second Amended Plan of <br /> Liquidation' (April 8, 1994), dated and filed April 8, 1994 <br /> (adding new Section 6.2.5.1). <br /> The Confirming Order became final June 13,1994(after disposition of the Harker objections, <br /> see PLANT § 2.11), and it became effective 30 days later (id. § 1.14). <br /> 72. The Confirming Order and its attachments — the PLAN and its three <br /> amendments—were recorded July 28, 1994 as Reception No.372570 in Book 756 at Pages <br /> 841-866 in the office of the Clerk and Recorder, Pitkin County, Colorado. The PLAN, its <br /> amendments,and the Confirming Order are Plaintiffs'complaint Exhibit-B.For convenience <br /> of reference,a conformed copy of the PLAN incorporating the three amendments,reduced <br /> in size and with added line numbering to facilitate reference is attached to this answer, <br /> identified as Answer Exhibit-2 and incorporated herein by this reference. <br /> 73. The M&F/KING Co\TRACT is a specific and integral part of the PLAN and its <br /> provisions (see e.g., PLAN§§ 1.19 and 1.20): <br /> 1.19 M&-E shall mean Machinery & Equipment Company, Inc., a <br /> California corporation,and A. M. King Industries, Inc., a Nevada corporation, <br /> jointly and severally and as joint venturers. <br /> 1.20 M&E Contract shall mean the contract between the Debtor and <br /> M&E approved by the Court on August 13, 1992. <br /> Conversely, the beneficiaries of the PLA.0 are subject to the M&F,/KiNG CoNTRACr (see e.g., <br /> PLAN§ 6.2.5 at Answer¶ 77, post). <br /> 74. In addition to creating a Creditors' Trust (PLAN § 1.10) and establishing a <br /> Creditors' Trustee (id. § 1.11), the PLAN created"Creditor Representatives" (id. § 1.9) who <br /> perform the functions specified in section 6.2 of the PLAN. This section of the PLAN also <br /> provides that the Creditors'Trust shall be administered by the Creditors'Trustee(id.§6.2) <br /> who is supervised by the two Creditors'Representatives(id.§6.2.3).The Creditors'Trustee <br /> was selected by the Creditors' Representatives and may be removed by the Creditors' <br /> Representatives in the exercise of their reasonable discretion (id. § 6.2.3(ii)). <br /> CIVIL No.97 Cv 131-3 -11- AMENDED ANSWER&COUNTERCLAIMS <br />