Shengdatech Inc – Liquidating Trust Agreement (October 17th, 2012)
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.