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6.2.5 Liquidation of Assets.The property held by the Creditors'Trust or <br /> under power of attorney may be sold by the Creditors'Trustee without <br /> further order of the Court,but sale of any single item of real or personal <br /> property for a price in excess of S100,000 shall not be made without the <br /> express written consent of both Creditor Representatives. <br /> Notwithstanding the foregoing,sales of equipment shall continue to be <br /> governed by the procedures set forth in the M&E Contract,that is,sales <br /> may occur without approval from the Creditors'Trustee,or the Creditor <br /> Representatives,with respect to any sale for which the sale price is equal <br /> to greater than the minimum price set forth on the confidential price list. <br /> For sales at a price less than the minimum price set forth on the <br /> confidential price list, sales shall require approval of the Creditor <br /> Representatives rather than the Court. [Double underscoring added.] <br /> 78. Distributions under the PLAN are addressed by section 6.3. It provides: <br /> 6.3 Distributions from Creditors'Trust.The Creditors'Trust shall pay <br /> property tax claims in Class 1 from the proceeds of property on which the <br /> property taxes are owed,or as necessary-to prevent loss of title to tax certificate <br /> holders. The Creditors' Trust also shall pay the Class 2 Allowed Claim as <br /> provided in Section 4.1 of the Plan,and tax priority claims as provided in Section <br /> 5.2 of the Plan. All other Net Proceeds held by the Creditors' Trust shall be <br /> distributed as follows: <br /> 6.3.2 [sic] Distributions to Class 5. The Creditors' Trust shall distribute <br /> Net Proceeds to Class 5(reclamation claims)until the amount distributed <br /> satisfies the requirements of Section 4.3.2 of the Plan. <br /> 6.3.3 Distributions for the Benefit of Class 6. The Creditors' Trust shall <br /> reserve the sum of $250,000 to pay ongoing costs of Environmental <br /> Remediation (Class 6 claims). Such funds shall be disbursed by the <br /> Creditors' Trustee as such remediation is required. <br /> 6.3.1 [sic] Distributions to Class 9. The Creditors' Trust shall distribute <br /> Net Proceeds to Class 9(general claims) until the amount distributed is <br /> equal to five percent of all Allowed Claims in Class 9. <br /> 6.3.4 Priority of Distributions Among Classes 5, 6, and 9. Each <br /> distribution of Net Proceeds from the Creditors' Trust shall be made as <br /> follows: 69% to Class 5 reclamation claims,87o to Class 6 environmental <br /> claims,and 23% to Class 9 general unsecured claims. <br /> 6.3.5 Distributions to Class 4.The balance,if any,of the Net Proceeds in <br /> the Creditors'Trust remaining after the distributions required by Section <br /> 6.3 of the Plan, shall be distributed to the Class 4 Allowed Claim of <br /> Sanwa. <br /> CRTL No.97 cv 131-3 -13- AMENDED ANSWER&COUNTERCLAIMS <br />