Creation and Name. There is hereby created a trust known as the “Tribal Abatement Fund Trust VI” or “TAFT VI.” The Directors may transact the business and affairs of the Trust in the name of TAFT VI. It is the intention of the Parties hereto that the Trust constitutes a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. Section 3801 et seq. (the “Act”) and that this Trust Agreement together with all Exhibits hereto (collectively, the “Trust Documents”) constitute the governing instruments of the Trust. The Directors and the Delaware Trustee are hereby authorized and directed to execute and file a Certificate of Trust with the Delaware Secretary of State in the form attached hereto as Exhibit 2.
Creation and Name. The County of Napa, the Cities of Napa, St. Helena, Calistoga, American Canyon, and the Town of Yountville (hereinafter referred to as “Member Jurisdictions”), pursuant to Article 2 of Chapter 5 of Division 7 of Title 1 (commencing with section 6500) of the California Government Code, do hereby form, establish and create a joint powers agency to be known as “Napa County Transportation and Planning Agency”, hereinafter referred to as “NCTPA”, which shall constitute a public entity separate and distinct from the Member Jurisdictions and shall supersede and replace the Napa County Congestion Management Agency (“CMA”).
Creation and Name. Raytech as Settlor hereby creates a trust known as the "Raytech Corporation Asbestos Personal Injury Settlement PI Trust," which is the PI Trust provided for and referred to in the Plan. The Trustees of the PI Trust may transact the business and affairs of the PI Trust in the name of the PI Trust.
Creation and Name. The Debtors as Settlors hereby create a trust known as the “MLC Asbestos PI Trust,” which is the Asbestos PI Trust provided for and referred to in the Plan. The Trustee of the PI Trust may transact the business and affairs of the PI Trust in the name of the PI Trust, and references herein to the PI Trust shall include the Trustee acting on behalf of the Trust. It is the intention of the parties hereto that the trust created hereby constitute a statutory trust under Chapter 38 of title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Act”) and that this document, together with the by-laws described herein, constitute the governing instruments of the PI Trust. The Trustee and the Delaware Trustee are hereby authorized and directed to execute and file a Certificate of Trust with the Delaware Secretary of State in the form attached hereto.
Creation and Name. In accordance with the Plan, there is hereby created the MF Global Litigation Trust.
Creation and Name. The County of Napa, the Cities of Napa, St. Helena, Calistoga, American Canyon, and the Town of Yountville (hereinafter referred to as “Member Jurisdictions”), pursuant to Article 2 of Chapter 5 of Division 7 of Title 1 (commencing with section 6500) of the California Government Code, do hereby form, establish and create a joint powers agency to be known as ”Napa Valley Transportation Authority,” hereinafter referred to as “NVTA” which shall constitute a public entity separate and distinct from the Member Jurisdictions, and the new name of which shall supersede and replace the prior name of the agency, the Napa County Transportation and Planning Agency (“NCTPA”) and any other prior name by which the agency was known in the past, including Congestion Management Agency (“CMA”).
Creation and Name. The parties hereto hereby create a trust known as the Tort Claims Trust, which is the Tort Claims Trust provided for and referred to in the Plan. The Tort Claims Trust shall constitute a statutory trust under Chapter 38 of title 12 of the Delaware Code, 12 Del. C. §§3801 et seq. (as the same may be amended from time to time, the “Act”), and the Tort Claims Trustee and the Delaware Trustee shall execute and cause to be filed a Certificate of Trust, in the form attached hereto as Exhibit B, with the Secretary of State of the State of Delaware pursuant to Section 3810 of the Act. It is the intention of the parties hereto that the Tort Claims Trust shall be a statutory trust under the Act and that this Tort Claims Trust Agreement shall constitute the governing instrument of the Tort Claims Trust. The Tort Claims Trustee may transact the business and affairs of the Tort Claims Trust in the name of the Tort Claims Trust, and references herein to the Tort Claims Trust shall include the Tort Claims Trustee acting on behalf of the Tort Claims Trust.
Creation and Name. There is hereby created a trust which shall be known as the “Xxxxxxx Homes Liquidation Trust,” which is the trust created by the Plan (the “Liquidation Trust”).
Creation and Name. The Debtors as Settlors hereby create a trust known as the ‘‘WRG Asbestos PD Trust,” which is the PD Trust provided for and referred to in the Plan. The Trustees of the PD Trust shall transact the business and affairs of the PD Trust in the name of the PD Trust, and references herein to the PD Trust shall include a Trustee or Trustees acting on behalf of the PD Trust. The PD Trust will have a separate ZAI Trustee who will administer all funds paid pursuant to the ZAI Term Sheet as incorporated in the Deferred Payment Agreement (Class 7B ZAI) and all earnings thereof (the “ZAI Trust Assets”); the ZAI Claims Process; the ZAI educational program and all related ZAI matters. The ZAI Trust Assets will not be comingled with any other assets in the PD Trust. The ZAI Trustee and any successor will be chosen by the ZTAC and the PD FCR. It is the intention of the parties hereto that the trust created hereby constitute a statutory trust under Chapter 38 of title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Act’’) and that this document, together with the by-laws described herein, constitute the governing instruments of the PD Trust. The Trustees and the Delaware Trustee are hereby authorized and directed to execute and file a Certificate of Trust with the Delaware Secretary of State in the form attached hereto.
Creation and Name. The Debtors as settlors (“Settlors”) hereby create a trust known as the “Imerys America Personal Injury Trust,” which is the Talc Trust provided for and referred to in the Plan. The Trustees of the Talc Trust may transact the business and affairs of the Talc Trust in the name of the Talc Trust, and references herein to the Talc Trust shall include the Trustees acting on behalf of the Talc Trust. It is the intention of the Parties that the Talc Trust constitutes a statutory trust under Chapter 38 of title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Act”) and that this document constitute the governing instrument of the Talc Trust. The Trustees and the Delaware Trustee are hereby authorized and directed to execute and file a Certificate of Trust with the Delaware Secretary of State in the form attached hereto as Exhibit 1.
