Liquidating Trust Agreement Sample Contracts

RECITALS
Liquidating Trust Agreement • March 1st, 2006 • Championship Auto Racing Teams Inc • Services-racing, including track operation • Delaware
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LIQUIDATING TRUST AGREEMENT Dated as of September 29, 2006 by and between Professional Lease Management Income Fund I, L.L.C. individually as Grantor and PLM Financial Services, Inc. as the Trustee
Liquidating Trust Agreement • September 29th, 2006 • Professional Lease Management Income Fund I LLC • Services-equipment rental & leasing, nec • Delaware

This LIQUIDATING TRUST AGREEMENT (this “Agreement”), dated as of September 29, 2006 (the “Effective Date”), by and between Professional Lease Management Income Fund I, L.L.C., a Delaware limited liability company, as Grantor (the “Company”), and PLM Financial Services, Inc., a Delaware corporation, as Trustee (the “Trustee”).

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • November 17th, 2010 • Remec Inc • Semiconductors & related devices • California

This Liquidating Trust Agreement (the “Agreement”) is made by and between REMEC, Inc., a California corporation (the “Company”), and Richard A. Sackett, an individual (the “Trustee”).

FSP 303 EAST WACKER DRIVE CORP. LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • September 25th, 2018 • FSP 303 East Wacker Drive Corp. • Operators of nonresidential buildings • Delaware

LIQUIDATING TRUST AGREEMENT (this “Trust Agreement”) made this 5th day of September, 2018 (the “Effective Date”), by and between FSP Property Management LLC, a Massachusetts limited liability company (hereinafter referred to as the “Trustee”), on behalf of the holders of the Corporation’s capital stock, as grantors, and FSP 303 East Wacker Drive Corp., a Delaware corporation (the “Corporation”).

AMENDED AND RESTATED RESCAP LIQUIDATING TRUST LIQUIDATING TRUST AGREEMENT BY AND AMONG
Liquidating Trust Agreement • May 2nd, 2014 • Delaware

This Amended and Restated Liquidating Trust Agreement, dated as of December 17, 2013 (this “Liquidating Trust Agreement”), is entered into by and among Residential Capital, LLC (“ResCap”), AKA 13, LLC (f/k/a ditech, LLC), DOA Holding Properties, LLC, DOA Properties IX (Lots-Other), LLC, EPRE LLC, Equity Investment I, LLC, ETS of Virginia, Inc., ETS of Washington, Inc., Executive Trustee Services, LLC, GMAC-RFC Holding Company, LLC, GMAC Model Home Finance I, LLC, GMAC Mortgage USA Corporation, GMAC Mortgage, LLC, GMAC Residential Holding Company, LLC, GMAC RH Settlement Services, LLC, GMACM Borrower LLC, GMACM REO LLC, GMACR Mortgage Products, LLC, HFN REO SUB II, LLC, Home Connects Lending Services, LLC, Homecomings Financial Real Estate Holdings, LLC, Homecomings Financial, LLC, Ladue Associates, Inc., Passive Asset Transactions, LLC, PATI A, LLC, PATI B, LLC, PATI Real Estate Holdings, LLC, RAHI A, LLC, RAHI B, LLC, RAHI Real Estate Holdings, LLC, RCSFJV2004, LLC, Residential Accred

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • December 31st, 2007 • Connecticut

This Liquidating Trust Agreement is subject to all of the provisions of the Plan, including, without limitation Section 12.10, under which the Debtors have reserved the right to alter, amend, or modify the Plan, including any Exhibits thereto, under section 1127(a) of the Bankruptcy Code at any time prior to the Effective Date.

ARTICLE 1
Liquidating Trust Agreement • December 23rd, 2003 • Global Crossing LTD • Telephone communications (no radiotelephone) • New York
LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • April 30th, 2013 • Shengdatech Liquidating Trust

This Liquidating Trust Agreement (this “Agreement”) dated as of October 17, 2012, by and between ShengdaTech, Inc. (the “Debtor”), the debtor and debtor in possession in the Chapter 11 case pending in the United States Bankruptcy Court for the District of Nevada, Case No. 11-52649 (BTB) (the “Chapter 11 Case”) and Michael Kang, not individually, but solely in his capacity as liquidating trustee (together with any successor appointed pursuant to the terms hereof, the “Liquidating Trustee”). The Debtor and the Liquidating Trustee are referred to herein collectively as the “Parties” and individually as a “Party”. All capitalized terms used herein shall have those meanings set forth in Article I of this Agreement and, if not defined in Article I of this Agreement, the Plan.

This AGREEMENT AND DECLARATION OF TRUST is made by and between CONSUMERS FINANCIAL CORPORATION, a Pennsylvania corporation (the "Company"), and and (the "Trustees").
Liquidating Trust Agreement • February 18th, 1998 • Consumers Financial Corp • Surety insurance • Pennsylvania
FORM OF TRIPOS, INC. LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • November 15th, 2007 • Tripos Inc • Services-prepackaged software • Utah

THIS LIQUIDATING TRUST AGREEMENT (this “Trust Agreement”), is effective as of the 8th day of November, 2007, by and among Tripos, Inc., a corporation formed under the laws of the State of Utah (the “Company”), as settlor, and Gary Meredith and John P. McAlister (the “Individual Trustees” and together with any subsequently appointed corporate trustee, the “Trustees”), not in their individual capacities but solely in their capacities as Trustees of the Tripos, Inc. Liquidating Trust (the “Trust”) created pursuant to the terms of this Trust Agreement.

FIRST AMENDMENT TO LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • June 23rd, 2020 • Crossroads Liquidating Trust • Maryland

THIS FIRST AMENDMENT TO LIQUIDATING TRUST AGREEMENT (“Amendment”) is dated as of June 23, 2020 (the “Effective Date”), by Crossroads Liquidating Trust, a Maryland statutory trust (the “Trust”) and Andrew Dakos, Phillip Goldstein and Gerald Hellerman (collectively, the “Trustees”).

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • March 17th, 2022 • California

This LIQUIDATING TRUST AGREEMENT (the “Agreement”), is entered into as of April 30, 2021, by and among General Anesthesia Specialists Partnership Medical Group, a California general partnership (“GASP”), and James Gansman (such person and each successor trustee, the “Liquidating Trustee”), solely in his capacity as the Liquidating Trustee of the liquidating trust (the “Liquidating Trust”), created hereunder.

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • October 18th, 2013 • New Hampshire

This Liquidating Trust Agreement (this “Agreement”), dated as of October , 2013, is by and between Chapter 11 Debtors Isaacson Steel, Inc. and Isaacson Structural Steel, Inc. (combined the “Estate”), the Official Committee of Unsecured Creditors of the Estate (the “Committee”), the New Hampshire Business Finance Authority (“BFA”), Passumpsic Savings Bank (together with and including its participating lenders, Woodsville Guaranty Savings Bank and Ledyard National Bank, “PSB”), and Turner Construction Company, Inc. (“Turner”) (together, the Estate, the Committee, BFA, PSB, and Turner are referred to in this Agreement as the “Parties”), and is created in order to establish a liquidating trust in collection with that certain Global Settlement Agreement, dated August 2013, by and between the Parties and approved by the United States Bankruptcy Court for the District of New Hampshire (the “Bankruptcy Court”). Said Global Services Agreement, as the same may be amended, modified or supplemente

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • May 13th, 2005 • Ebs Building LLC • Real estate investment trusts • Delaware

THIS LIQUIDATING TRUST AGREEMENT (this “Trust Agreement”) of EBS Liquidating Trust, a Delaware statutory trust (the “Trust”), is made as of the 15th day of April, 2005, among EBS Building, L.L.C., a dissolved Delaware limited liability company (the “Company”), FTI Consulting, Inc., as administrator (the “Administrator”), and the Wilmington Trust Company as trustee (the “Resident Trustee”).

MORTGAGE INCOME FUND LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • May 1st, 2012 • NTS Mortgage Income Fund • Real estate investment trusts • Delaware

THIS LIQUIDATING TRUST AGREEMENT (this “Trust Agreement”), made as of the 30th day of April, 2012 among NTS MORTGAGE INCOME FUND, a dissolved corporation in the process of liquidating and winding up its affairs under the laws of the State of Delaware (the “Company”), CHRISTIANA TRUST, a division of Wilmington Savings Fund Society, FSB, as a trustee (the “Resident Trustee”), and ROBERT H. RICE, SR. as managing trustee (the “Managing Trustee” and, with the Resident Trustee, the “Trustees”). The parties hereto hereby agree as follows:

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • March 25th, 2011 • All American Group Inc • General bldg contractors - residential bldgs • Indiana

AGREEMENT AND DECLARATION OF TRUST, dated as of March 22, 2011, by and between All American Group, Inc., an Indiana corporation (the “Corporation”), and William P. Johnson, an Indiana resident, as trustee (the “Trustee”). Capitalized terms used herein not otherwise defined have the meanings ascribed to them in the Merger Agreement (as defined below).

Liquidating Trust Agreement
Liquidating Trust Agreement • August 29th, 2020 • Kentucky
LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • July 28th, 2016 • Winthrop Realty Trust • Real estate investment trusts • Ohio

AGREEMENT AND DECLARATION OF TRUST, dated as of August 5, 2016 by and among WINTHROP REALTY TRUST, an Ohio real estate investment trust (the “Company”) and MICHAEL L. ASHNER, HOWARD GOLDBERG and CAROLYN TIFFANY (each, an “Initial Trustee” and collectively, the “Initial Trustees” of the Trust).

LIQUIDATING TRUST AGREEMENT Dated as of February 11, 2013 by and among Behringer Harvard Short-Term Opportunity Fund I LP individually as Grantor and Behringer Harvard Advisors II LP as Managing Trustee and CSC Trust Company of Delaware as Resident...
Liquidating Trust Agreement • February 11th, 2013 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings • Texas

This LIQUIDATING TRUST AGREEMENT (this “Agreement”), dated as of February 11, 2013 (the “Effective Date”), by and among Behringer Harvard Short-Term Opportunity Fund I LP, a Texas limited partnership, as Grantor (the “Partnership”), Behringer Harvard Advisors II LP, a Texas limited partnership, as Managing Trustee (the “Managing Trustee”), and CSC Trust Company of Delaware, a Delaware corporation, as Resident Trustee (the “Resident Trustee” and, with the Managing Trustee, the “Trustees”).

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LIQUIDATING TRUST AGREEMENT Dated as of February 27, 2012 by and among Cornerstone Realty Fund, LLC individually as Grantor and Cornerstone Industrial Properties, LLC as Managing Trustee
Liquidating Trust Agreement • February 28th, 2012 • Cornerstone Realty Fund LLC • Operators of nonresidential buildings • California

This LIQUIDATING TRUST AGREEMENT (this “Agreement”), dated as of February 27, 2012 (the “Effective Date”), by and between Cornerstone Realty Fund, LLC, a California limited liability company, as Grantor (the “Fund”) and Cornerstone Industrial Properties, LLC, a California limited liability company, as Managing Trustee (the “Managing Trustee”).

LIQUIDATING TRUST AGREEMENT Dated as of February 16, 2011 by and among Behringer Harvard Mid-Term Value Enhancement Fund I LP individually as Grantor and Behringer Harvard Advisors I LP as Managing Trustee and CSC Trust Company of Delaware as Resident...
Liquidating Trust Agreement • February 16th, 2011 • Behringer Harvard Mid Term Value Enhancement Fund I Lp • Operators of nonresidential buildings • Delaware

This LIQUIDATING TRUST AGREEMENT (this “Agreement”), dated as of February 16, 2011 (the “Effective Date”), by and between Behringer Harvard Mid-Term Value Enhancement Fund I LP, a Texas limited partnership, as Grantor (the “Partnership”), Behringer Harvard Advisors I LP, a Texas limited partnership, as Managing Trustee (the “Managing Trustee”), and CSC Trust Company of Delaware, a Delaware corporation, as Resident Trustee (the “Resident Trustee” and, with the Managing Trustee, the “Trustees”).

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • October 14th, 2020 • Delaware

This Liquidating Trust Agreement (“Liquidating Trust Agreement” or “Agreement”), dated as of October 1, 2020, by and between Promise Healthcare Group, LLC, et al., debtors and debtors in possession (the “Debtors”), and Robert Michaelson of Advisory Trust Group, LLC (the “Liquidating Trustee” or “Trustee”), is hereby being executed to facilitate the implementation of the Second Amended Joint Plan of Liquidation of Promise Healthcare Group, LLC and Its Debtor Affiliates (as amended, modified or supplemented, the “Plan”), which provides for the establishment of the Liquidating Trust (as defined below) created by this Liquidating Trust Agreement and the administration and disposition of the Liquidating Trust Assets (as defined below), all for the benefit of the holders of certain Claims1 as set forth in the Plan. The Liquidating Trustee’s powers and duties are as set forth herein.

Columbia Bancorp LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • December 9th, 2010 • Columbia Bancorp \Or\ • State commercial banks • Oregon

This Trust may be referred as the Columbia Bancorp Liquidating Trust or may be referred to by reference to this Trust Agreement dated effective December 7, 2010.

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • February 10th, 2020 • Delaware

This liquidating trust agreement (this “Agreement”) is made this [•]th day of [•], 2020 by and among PES Holdings, LLC and its affiliated debtors (together, with its successors or assigns, the “Debtors”), and [●] as trustee (the “Trustee”).[ ●] as trustee, [●] as trustee, [●] as trustee, [●]

EXHIBIT 4.1 ----------- LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • October 11th, 2005 • Alp Liquidating Trust • Operative builders • Delaware
AMENDMENT NO. 1 TO LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • March 30th, 2012 • Icon Income Fund Eight B Lp • Services-equipment rental & leasing, nec

THIS AMENDMENT NO. 1 TO LIQUIDATING TRUST AGREEMENT dated as of March 30, 2012 (the “Amendment”) is entered into between ICON Capital Corp. a Delaware corporation, as managing trustee (“Managing Trustee”), and NRAI Services, LLC, as resident trustee (“Resident Trustee” and, together with the Managing Trustee, the “Trustees”).

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • August 20th, 2015 • Illinois

THIS LIQUIDATING TRUST AGREEMENT (the “Agreement” or “Liquidating Trust Agreement”), dated as of this day of , 2015, is entered into by and among Old CSH, Inc. f/k/a Country Stone Holdings, Inc., Old CS&S, Inc. f/k/a Country Stone & Soil, Inc., Old CS&SM, Inc. f/k/a Country Stone and Soil of Minnesota, Inc., Old CS&SW, Inc. f/k/a Country Stone and Soil of Wisconsin, Inc., Old CS, Inc. f/k/a Country Stone, Inc., Old FWLS, Inc. f/k/a Fort Wayne Landscape Supply, Inc., Old GTI, LLC f/k/a Green Thumb of Indiana, LLC, Old IF, Inc. f/k/a Infinity Fertilizers, Inc., Old IL&G, Inc. f/k/a Infinity Lawn and Garden, Inc., Old IS, Inc. f/k/a Infinity Seed, Inc., Old MPC, Inc. f/k/a Millburn Peat Company, Inc., Old QCE, Inc. f/k/a Quad City Express, Inc., Old R&DCPI, Inc. f/k/a R & D Concrete Products of Indiana, Inc., Old R&DCW, Inc. f/k/a R & D Concrete of Wisconsin, Inc., Old R&DP, Inc. f/k/a R & D Concrete Products, Inc., Old RIC, Inc. f/k/a Rock Island Contractors, Inc., and Old WS&G, Inc. f/k

CIRCUIT CITY STORES, INC. LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • November 5th, 2010 • Circuit City Stores Inc • Retail-radio, tv & consumer electronics stores • Delaware

This Circuit City Stores, Inc. Liquidating Trust Agreement (the “Agreement”) dated as of November 1, 2010 is by and between Circuit City Stores, Inc. and its affiliated debtors and debtors in possession, as identified on Exhibit A hereto (collectively, the “Debtors”), and Alfred H. Siegel, the Liquidating Trustee under the terms of the Second Amended Joint Plan of Liquidation of Circuit City Stores, Inc. and its Affiliated Debtors and Debtors In Possession and its Official Committee of Creditors Holding General Unsecured Claims filed on August 9, 2010 (the “Plan”) in the chapter 11 bankruptcy cases currently pending in the United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) with a caption of In re Circuit City Stores, Inc., et al., Case No. 08-35653 (KRH), to implement the Liquidating Trust for the benefit of the Beneficiaries (as defined herein) under the terms of the Plan, as confirmed by the Bankruptcy Court by Order dated September 14, 2010.

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • June 23rd, 2017 • Crossroads Capital, Inc. • Maryland

THIS LIQUIDATING TRUST AGREEMENT (this “Agreement”) is dated as of June 23, 2017 (the “Effective Date”), by and among Crossroads Capital, Inc. (the ”Company”), and Andrew Dakos, Phillip Goldstein and Gerald Hellerman (collectively, and including any successors thereto, the “Trustees”).

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • March 10th, 2005 • Delaware

This liquidating trust agreement (“Liquidating Trust Agreement”), dated as of March [ ], 2005, by and among Pegasus Satellite Television, Inc., and its debtor affiliates (collectively, “Pegasus” or the “Debtors”) and [ ], as Liquidating Trustee, executed in connection with the Debtors’ First Amended Joint Chapter 11 Plan dated January 31, 2005, as may be amended (the “Plan”), filed by the Debtors in the United States Bankruptcy Court for the District of Maine (the “Bankruptcy Court”) provides for the establishment of a liquidating trust evidenced hereby (the “Liquidating Trust”) in order to liquidate in accordance with the goal of resolving, realizing upon and maximizing the value of certain of the Debtors’ assets, rights and causes of action for enforcement by the Liquidating Trustee, as successor to and representative of the Estates in accordance with section 1123(b)(3)(B) of the Bankruptcy Code. Except with respect to the terms defined herein, all capitalized terms contained herein

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • January 3rd, 2024 • Inpixon • Services-computer programming services

This Liquidating Trust Agreement (this “Agreement”), dated as of December 27, 2023 is entered into by and among Inpixon, a Nevada corporation (the “Company”), Melanie Figueroa as the sole original trustee (collectively with any additional trustees duly appointed hereunder from time to time, the “Trustees”), and Grafiti Holding Inc., a British Columbia corporation (“Grafiti”).

FORE HOLDINGS LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • October 4th, 2005 • Fore Holdings LLC • Services-employment agencies • Illinois

THIS LIQUIDATING TRUST AGREEMENT (this “Trust Agreement”), is made and entered into as of the 29th day of September, 2005, by and between FORE Holdings L.L.C., an Illinois limited liability company (the “Company”), and Monica M. Burmeister, David L. Hunt, Maryann Laketek, Mark T. Mitter and Gerald I. Wilson (the “Trustees”), not in their individual capacities, but in their capacities as trustees of the FORE Holdings Liquidating Trust (the “Trust”) created pursuant to the terms of this Trust Agreement;

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