Administrative Functions for Contingent Value Vehicle. (a) The Plan Administrator shall (for no additional compensation other than payment from the Contingent Value Vehicle for the Plan Administrator’s and/or the Debtors’ out-of-pocket expenses in the nature of filing fees, mailing costs, copying costs, messenger fees, professionals fees and similar charges): (i) cause the Debtors to (x) perform such bookkeeping, accounting, financial reporting and other administrative functions for the Contingent Value Vehicle, as may be reasonably requested by the CVV Trustees and necessary or desirable to support the Contingent Value Vehicle, (y) provide support for the causes of action being prosecuted by the Contingent Value Vehicle, including but not limited to: (A) maintaining, and providing the Contingent Value Vehicle with access to, the books, records and other documents of the Debtors reasonably necessary or desirable for the Contingent Value Vehicle to prosecute the Causes of Action contributed to it, in each case, without any additional cost or expense to the Contingent Value Vehicle, and (B) providing the Contingent Value Vehicle with access to those employees of the Debtors to whom access is reasonably necessary or desirable to prosecute the Causes of Action with no cost or expense to the Contingent Value Vehicle, and (z) make loans to the Contingent Value Vehicle from Reserved Cash in accordance with and subject to Section 13.2(f) of the Plan, (ii) supervise the Debtors in performing the functions called for by clause (i) above, and (iii) assist in the preparation of and, to the extent legally permitted, execute required reports, forms or applications for filing with the SEC or other Governmental Authority for the Contingent Value Vehicle, in each case, as the CVV Trustees may reasonably request in accordance with Section 13.1 of the Plan (collectively, the items referred to in clauses (i), (ii) and (iii) above, “Administrative Services”). The Contingent Value Vehicle and the Debtors or the Plan Administrator, as applicable, may execute such supplemental agreements as appropriate to reflect such duties.
