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Liquidation" (the "Cot f rming Order"), which was entered April 11, 1994, by the Honorable Patricia <br /> A. Clark, to which is attached: <br /> a. "Debtor's Second Amended Plan of Liquidation", dated February 1, <br /> 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) and <br /> 4.3.4 and deleting Section 4.3.6); <br /> C. "Amendment to Debtor's Second Amended Plan of Liquidation", dated and <br /> filed March 9, 1994 (changing date in Section 6.5.1 from October 1, 1993 to <br /> November 29, 1993); and <br /> d. "Amendment to Debtor's Second Amended Plan of Liquidation" <br /> (April 8, 1994), dated and filed April 8, 1994 (adding new Section <br /> 6.2.5.1). <br /> The Cot frming Order became final June 13, 1994 and it became effective 30-days later(Plan § 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 office of <br /> the Clerk and Recorder, Pitkin County, Colorado. The Plan, its amendments, and the Cotfrming <br /> Order are Plaintiff's complaint Exhibit-B. For convenience of reference, a conformed copy of the Plan <br /> incorporating the three amendments, reduced in size and with line numbering added to facilitate <br /> reference is attached to Defendants' amended answer and counterclaims in this proceeding (Answer <br /> Exhibit 2). <br /> 16. Article VI of the Plan, captioned "Execution and Implementation of the Plan", <br /> contains the basic Plan concept—liquidation of MCR bankruptcy estate assets to fund the Creditors' <br /> Trust. Basically the Creditors' Trustee is granted an irrevocable power of attorney over all assets of the <br /> bankruptcy estate (Plan § 6.2.1). Specifically covered is the Coal Basin"mine site" which is defined in <br /> Plan section 1.24 and includes all Coal Basin real and personal property as well as the "Carbondale <br /> Loadout Tract" located in Garfield County, near Carbondale, Colorado, id. <br /> 17. The Plan 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 <br /> specified in section 6.2 of the Plan. That Plan section provides the Creditors' Trust shall be <br /> administered by the Creditors' Trustee (id. § 6.2) supervised by the Creditors' Representatives (id. § <br /> 6.2.3). <br /> AN ENDED <br /> -4- <br /> CIVa-NO. 97 CV 131-3 THIRD-PARTY COMPLAINT <br />