LITIGATION TRUST AGREEMENTLitigation Trust Agreement • May 5th, 2020 • New York
This litigation trust agreement (the “Litigation Trust Agreement”), dated as of February 14, 2011, is entered into by and among Tronox (as defined below); the United States of America, as beneficiary; the Garretson Resolution Group, Inc., not individually but solely in its representative capacity as trustee of the Tort Claims Trust (as defined below) (“Garretson”), a beneficiary; Greenfield Environmental Multistate Trust LLC, not individually but solely in its representative capacity as trustee of the Multistate Trust (defined below) (“Greenfield”), a beneficiary; Le Petomane XXVII, Inc., not individually but solely in its representative capacity as trustee of the Nevada Trust (as defined below) (“Le Petomane XXVII”), a beneficiary; John Hueston, as Trustee (the “Trustee”); and Garretson, Greenfield, Le Petomane XXVII, and Karen Cordry, as members of the Trust Advisory Board (the “Trust Advisory Board”), appointed by the United States Bankruptcy Court for the Southern District of New Y
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • May 14th, 2022
This Litigation Trust Agreement (this “Litigation Trust Agreement”), dated as of December 31, 2012, by (a) the individual identified on Exhibit A attached hereto, as the trustee for the liquidating trust established pursuant to this Litigation Trust Agreement (such person and each successor trustee, the “Litigation Trustee”), and (b) Tribune Company, on behalf of itself and the other Debtors and Reorganized Debtors, is executed pursuant to the Confirmation Order to facilitate the implementation of the Fourth Amended Joint Plan of Reorganization for Tribune Company and Its Subsidiaries Proposed by the Debtors, the Official Committee of Unsecured Creditors, Oaktree Capital Management, L.P., Angelo, Gordon & Co., L.P., and JPMorgan Chase Bank, N.A., dated April 17, 2012 (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the “Plan”) that provides for the establishment of the liquidating Litigation Trust created hereb
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • April 17th, 2023
LITIGATION TRUST AGREEMENT, dated as of July 18, 2017 (the “Agreement”), effective as of the Effective Date, among Paragon Offshore Limited, Paragon Offshore plc (in administration), the Administrators (as defined below), and those other Debtor subsidiaries set forth in the signature pages hereto (collectively, the “Paragon Entities”), Drivetrain, LLC, as the Litigation Trust Management, and the Litigation Trust Committee.(1)
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • January 6th, 2010 • Supermedia Inc. • Miscellaneous publishing
This Litigation Trust Agreement, effective as of December 31, 2009 (as from time and time amended, supplemented, or otherwise modified in accordance with the terms hereof, this “Litigation Trust Agreement”), by Idearc Inc. (“Idearc”) and its affiliated debtors and debtors-in-possession (together with Idearc, the “Debtors”)(1) for the benefit of the Beneficiaries (as defined herein) entitled to the Trust Assets (as defined herein), and U.S. Bank National Association, as the initial litigation trustee (the “Litigation Trustee”).
GREEKTOWN HOLDINGS, L.L.C. LITIGATION TRUST AGREEMENTLitigation Trust Agreement • May 11th, 2010 • Greektown Superholdings, Inc. • Services-miscellaneous amusement & recreation • Michigan
THIS GREEKTOWN LITIGATION TRUST AGREEMENT (the “Litigation Trust Agreement”), dated as of _________, 2010, by and between (i) Greektown Holdings, L.L.C., a Michigan limited liability company, Greektown Casino, L.L.C., a Michigan limited liability company, Contract Builders Corporation, a Michigan corporation, Greektown Holdings II, Inc., a Michigan corporation, Realty Equity Company, Inc., a Michigan corporation, and Trappers GC Partner, LLC, a Michigan limited liability company (collectively, hereafter referred to as either the “Debtors”), each a debtor in possession in the Chapter 11 Cases (as defined below), (ii) [INSERT NAME], as trustee for the liquidating trust established pursuant to the Plan and this Litigation Trust Agreement (the “Litigation Trustee”), and (iii) [INSERT NAMES], as members of the Trust Governing Board appointed pursuant to the Plan (as defined below) and this Trust Agreement (the “Trust Governing Board”), is executed to facilitate the implementation of the Sec
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • June 4th, 2013 • New York
This Litigation Trust Agreement (the “Trust Agreement”), dated and effective as of June 4, 2013 (the “Effective Date”), by and among Louis Freeh, as Chapter 11 Trustee (the “Chapter 11 Trustee”) of each of MF Global Holdings Ltd., MF Global Finance USA Inc., MF Global Capital LLC, MF Global FX Clear LLC, MF Global Market Services LLC, and MF Global Holdings USA Inc. (collectively, the “Debtors”), as settlor, and Nader Tavakoli (the “Trustee”) as trustee, executed in connection with the Amended and Restated Joint Plan of Liquidation Pursuant to Chapter 11 of the Bankruptcy Code for MF Global Holdings Ltd., MF Global Finance USA Inc., MF Global Capital LLC, MF Global FX Clear LLC, MF Global Market Services LLC, and MF Global Holdings USA Inc. filed on April 1, 2013 (as the same has been or may be amended, the “Plan”), as confirmed by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) pursuant to the confirmation order dated April 5, 2013, ex
Litigation Trust Agreement and Declaration of TrustLitigation Trust Agreement • February 28th, 2011 • Jennifer Convertibles Inc • Retail-furniture stores • New York
This litigation trust agreement and declaration of trust (the “Agreement”), dated as of February 22, 2011, is made by and among Jennifer Convertibles, Inc. and each of its direct and indirect subsidiaries (collectively, “Debtors”), Debtors and Debtors in possession, and KDW Restructuring & Liquidation Services LLC (“Trustee,” and together with the Debtors, “Parties”).
Litigation Trust AgreementLitigation Trust Agreement • February 4th, 2011 • New York
This Exhibit is subject to all of the provisions of the Noteholder Plan, including, without limitation, Section 13.8, pursuant to which the Proponents have reserved the right, subject to section 1127 of the Bankruptcy Code and, to the extent applicable, sections 1122, 1123 and 1125 of the Bankruptcy Code, to alter, amend or modify the Noteholder Plan or the Exhibits at any time prior to or after the Confirmation Date but prior to substantial consummation of the Noteholder Plan.
EXHIBIT A-1Litigation Trust Agreement • December 6th, 2016 • Delaware
The revised Litigation Trust Agreement for the EPC Reorganizing Debtors was prepared by the Committee without any input from the Debtors. A final executed version of the Litigation Trust Agreement for the EPC Reorganizing Debtors will be filed at least 5 days before the Effective Date.
PALMAZ SCIENTIFIC LITIGATION TRUST AGREEMENTLitigation Trust Agreement • July 14th, 2016 • Texas
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • September 17th, 2020
, 2018, by (a) [ ], as the trustee for the liquidating trust established pursuant to this Litigation Trust Agreement (such person and each successor trustee, the "Litigation Trustee"), and (b) Patriot National, Inc., on behalf of itself and the other Debtors and Reorganized Debtors is executed pursuant to the Confirmation Order to facilitate the implementation of the Debtors' [ ] Joint Chapter 11 Plan of Reorganization, dated March , 2018 (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the "Plan") that provides for the establishment of the Litigation Trust created hereby. Each of the Debtors (or, after the Effective Date, the Reorganized Debtors) and the Litigation Trustee are sometimes referred to individually as a "Party" and collectively as the "Parties," Capitalized terms used in this Litigation Trust Agreement and not otherwise defined shall have the meanings assigned to such terms in the Plan.
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • June 10th, 2020 • New York
This LITIGATION TRUST AGREEMENT is made this [●] day of June, 2020 (this “Agreement”), by and among Cornucopia Oil & Gas Company, LLC (the “Company”), Corsair Oil & Gas LLC (“Corsair”) and Furie Operating Alaska, LLC (“Furie” and, together with the Company and Corsair, the “Company Parties”), as settlors, and [●]1, as trustee of the Litigation Trust referred to herein (in such capacity, the “Litigation Trustee”), and creates and establishes the Litigation Trust (the “Litigation Trust”) referenced herein in order to facilitate the implementation of The Second Amended Joint Plan of Reorganization for the Debtors Under Chapter 11 of the Bankruptcy Code, dated May 6, 2020 (as the same may be amended, supplemented, or otherwise modified from time to time in accordance with the terms and provisions thereof and including the Plan Supplement, the “Plan”). Each Company Party and the Litigation Trustee are sometimes referred to herein individually as a “Party” and, collectively, as the “Parties.
EXTENDED STAY LITIGATION TRUST AGREEMENTLitigation Trust Agreement • July 13th, 2010 • New York
, 2010, by and among the Debtors, ESI and [NAME OF LITIGATION TRUSTEE], [a [STATE OF ORGANIZATION (if a company)] company], as the trustee (the “Original Trustee”), is executed in order to establish a litigation trust (the “Litigation Trust”) in connection with the Debtors’ Fifth Amended Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, including, without limitation, any supplement to such Plan and the exhibits and schedules thereto (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the “Plan”). Capitalized terms used in this Litigation Trust Agreement and not otherwise defined herein shall have the meanings ascribed to them in the Plan.
Litigation Trust Agreement for EPC Reorganizing DebtorsLitigation Trust Agreement • November 22nd, 2016 • Delaware
The Litigation Trust Agreement for the EPC Reorganizing Debtors was prepared by the Committee without any input from the Debtors. The Debtors reserve all rights to file a revised version of this document prior to the hearing on confirmation of the Plan.
ETS CREDITORS' LITIGATION TRUST AGREEMENTLitigation Trust Agreement • April 28th, 2004 • Ets Payphones Inc • Delaware
AGREEMENT AND DECLARATION OF TRUST (the "Litigation Trust Agreement"), dated as of December 4, 2002 (the "Effective Date") by and among PSA Inc., ETS Payphones, Inc., ETS Vending, Inc., et. al., debtors and debtors-in-possession (collectively, the "Debtors"), the Official Committee of Unsecured Creditors in the Debtors' cases (the "Creditors' Committee") and Darryl S. Laddin, as trustee (the "Trustee") and Kevin Gross, as potential conflicts trustee (the "Conflicts Trustee").
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • April 18th, 2019 • Delaware
This Litigation Trust Agreement (the “Agreement”), made this day of , 2019 by and between (a) Synergy Pharmaceuticals, LLC ( “Synergy” or the “Liquidating Debtor”), (b) the undersigned members comprising the Oversight Committee, and (c) [ ] (“[ ]”), as trustee for the litigation trust established pursuant to this Agreement (together with any successor trustee serving from time-to-time and duly appointed hereunder, the “Litigation Trustee”), is executed to facilitate the implementation of the Fourth Amended Joint Plan of Reorganization of Synergy Pharmaceuticals Inc. and its Debtor Affiliate, dated April 18, 2019 (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the “Plan”), which provides for the establishment of the litigation trust created hereby (the “Litigation Trust”). Each of the Debtors, the Liquidating Debtor, the members of the Oversight Committee, and the Litigation Trustee are sometimes referred t
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • December 7th, 2006 • Delaware
Litigation Trust AgreementLitigation Trust Agreement • January 19th, 2018 • Texas
LITIGATION TRUST AGREEMENTLitigation Trust Agreement • April 4th, 2011 • Delaware
This LITIGATION TRUST AGREEMENT (the “Agreement” or “Litigation Trust Agreement”), effective as of the Effective Date, pursuant to the Joint Plan of Reorganization of Appleseed’s Intermediate Holdings LLC and its Debtor Affiliates pursuant to Chapter 11 of the Bankruptcy Code (the “Plan”), by and among Appleseed’s Intermediate Holdings LLC, Appleseed’s Acquisition, Inc., Appleseed’s Holdings, Inc., Arizona Mail Order Company, Inc., Bedford Fair Apparel, Inc., Blair Credit Services Corporation, Blair Factoring Company, Blair Holdings, Inc., Blair International Holdings, Inc., Blair LLC, Blair Payroll, LLC, Draper’s & Damon’s Acquisition LLC, Draper’s & Damon’s LLC, Fairview Advertising, LLC, Gold Violin LLC, Haband Acquisition LLC, Haband Company LLC, Haband Oaks, LP; Haband Online, LLC, Haband Operations, LLC, Johnny Appleseed’s, Inc., Linen Source Acquisition LLC, LM&B Catalog, Inc., Monterey Bay Clothing Company, Inc., Norm Thompson Outfitters, Inc., NTO Acquisition Corporation, Orch
LB LITIGATION TRUST AGREEMENTLitigation Trust Agreement • April 30th, 2010 • New York
This LB Litigation Trust Agreement (the “Litigation Trust Agreement”), made this 30th day of April, 2010 by and between (a) LyondellBasell Industries AF S.C.A. (“LBIAF”) on behalf of itself and the other Debtors and (b) the individual identified on Exhibit A, as trustee for the liquidating trust established pursuant to this Litigation Trust Agreement (such person and each successor trustee the “Litigation Trustee”) is executed to facilitate the implementation of the Third Amended Joint Chapter 11 Plan of Reorganization for the LyondellBasell Debtors dated March 12, 2010 (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the “Plan”) that provides for the establishment of the litigation trust created hereby (the “Litigation Trust”). Each of the Debtors (or, after the Effective Date, the Reorganized Debtors) and the Litigation Trustee are sometimes referred to individually as a “Party” and collectively as the “Parti
