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09/21/98 14:43 FAX 3037962777 E NS FIGA & WILL Z 006/012 <br /> i <br /> E <br /> I' <br /> Second amended Plan of Liquidation" (the "Confirming Order"), which was entered April 11, <br /> 1994, by the Honorable Patricia A. Clark, to which is attached: <br /> a. "Debtor's Second Amended Plan of Liquidation", dated February <br /> I; <br /> 1, 1994; <br /> b. "Amendment to Debtor's Second Amended Plan of Liquidation", <br /> dated and submitted March 3, 1994 (revising Sections 4.3.2(ii) <br /> and 4.3.4 and deleting Section 4.3.6); k <br /> t <br /> C. "Amendment to Debtor's Second Amended Plan of Liquidation", dated <br /> and fled March 9, 1994 (changing date in Section 6.5.1 from October 1, <br /> 1993 to'November 29, 1993); and <br /> r <br /> d. "Amendment to Debtor's Second Amended Plan of Liquidation" k. <br /> (April 8, 1994), dated and filed April 8, 1994 (adding new <br /> Section 6.2.5.1). t <br /> The Confirming Order became final June 13, 1994 and it became effective 30 days later (Plan § <br /> 1.14). <br /> 15. The Confirming Order and its attachments —the Plan and its three amendments " <br /> — were recorded July 28, 1994 as Reception No. 372570 in Book 756 at pages 841-866.in the <br /> office of the Clerk and Recorder, Pitkin County, Colorado, The Plan, its amendments, and the <br /> Confirming Order are Plaintiffs complaint Exhibit-B. For convenience of reference, a conformed <br /> copy of the Plan incorporating the three amendments, reduced in size and with line numbering a <br /> added to facilitate reference is attached to Defendants' amended answer and counterclaims in this <br /> proceeding(Answer Exhibit 2). <br /> i• <br /> r <br /> 16_ Article VI of the Plan, captioned "Execution and Implementation of the Plan", r• <br /> contains the basic Plan concept — liquidation of MCR bankruptcy estate assets to fund the <br /> ILI <br /> Creditors' Trust. Basically the Creditors' Trustee is granted an irrevocable power of attorney over <br /> all assets ofthe bankruptcy estate (Plan § 6.2.1). Specifically covered is the Coal Basin"mine site" <br /> which is defined in Plan section 1.24 and includes all Coal Basin real and personal property as well t <br /> L <br /> as the"Carbondale Loadout Tract"located in Garfield County,near Carbondale,Colorado, id <br /> k.• <br /> r <br /> 17. The PIan creates a "Creditors' Trust" (Plan § 1.10) and establishes a "Creditors' <br /> Trustee" id. § 1.11 . The Plan creates two "Creditor Representatives" id. 1.9 who supervise as f <br /> (� 5 ) P (� § ) P I. <br /> specified in section 6.2 of the Plan. That Plan section provides the Creditors' Trust shall be iI <br /> administered by the Creditors' Trustee (id. § 6.2) supervised by the Creditors' Representatives (id. <br /> I: <br /> § 6.2.3). <br /> E <br /> F <br /> r; <br /> f <br /> r <br /> AMENDED <br /> 14 <br /> -4- <br /> CIvI[.No.97 CV 131-3 THMD-PARTY COMPLAINT <br />