Capacity of Trust. Notwithstanding any state or federal law to the contrary or anything herein, the Trust shall itself have the capacity, in its own right and name, to act or refrain from acting, including the capacity to sue and be sued and to enter into contracts. The Trust may alone be the named movant, respondent, party plaintiff or defendant, or the like in all adversary proceedings, contested matters, and other state or federal proceedings brought by or against it, and may settle and compromise all such matters in its own name.
Capacity of Trust. (a) Notwithstanding any state or federal law to the contrary or anything herein, the Litigation Trust shall itself have the capacity to act or refrain from acting, on its own behalf, including the capacity to xxx and be sued. The Litigation Trust may alone be the named movant, respondent, party plaintiff or defendant, or the like in all adversary proceedings, contested matters, and other cases or proceedings brought by or against it, and may settle and compromise all such matters in its own name, and the Litigation Trust shall be deemed to be a party in interest for all purposes concerning the Litigation Trust Causes of Action. The Litigation Trust shall be vested with all the powers and authority set forth in the Plan and this Litigation Trust Agreement. The Litigation Trust shall be authorized to use Bankruptcy Rule 2004 and any other bankruptcy or other tools of discovery available to the EPC Reorganizing Debtors or their Estates until the Chapter 11 Cases of the EPC Reorganizing Debtors are closed.
Capacity of Trust. Notwithstanding any state or federal law to the contrary or anything herein, the Liquidating Trust shall itself have the capacity to act or refrain from acting, on its own behalf, including the capacity to xxx and be sued. The Liquidating Trust may alone be the named movant, respondent, party plaintiff or defendant, or the like in all adversary proceedings, contested matters, and other cases or proceedings brought by or against it, and may settle and compromise all such matters in its own name, and the Liquidating Trust shall be deemed to be a party in interest for purposes of contesting, settling or compromising objections to General Unsecured Claims against the Liquidating Debtors, [US Debt Claims against the Liquidating Debtors], Retained Causes of Action of the Liquidating Debtors, or Causes of Action against the Liquidating Debtors. The Liquidating Trusts shall be vested with all the powers and authority set forth in the Plan and this Liquidating Trust Agreement. The Liquidating Trustee shall be the sole entity responsible for reconciling and objecting to General Unsecured Claims against the Liquidating Debtors and [US Debt Claims against the Liquidating Debtors], and making Distributions to Holders of Allowed General Unsecured Claims against the Liquidating Debtors and [Allowed US Debt Claims against the Liquidating Debtors]. The Liquidating Trust shall be authorized to use Bankruptcy Rule 2004 and any other bankruptcy or other tools of discovery available to the Liquidating Debtors or their Estates until the Chapter 11 Cases of the Liquidating Debtors are closed.
