Common use of Continuance of Trust for Winding Up Clause in Contracts

Continuance of Trust for Winding Up. After the termination of the Post- Consummation Trust and solely for the purpose of liquidating and winding up the affairs of the Post-Consummation Trust, the Plan Administrator shall continue to act as such until its duties have been fully performed. Upon distribution of all the Trust Proceeds, the Plan Administrator shall retain the books, records and files that shall have been delivered to or created by the Plan Administrator. At the Plan Administrator’s discretion, all of such records and documents may be destroyed at any time following the date that is six years after the final distribution of Trust Proceeds (unless such records and documents are necessary to fulfill the Plan Administrator’s obligations pursuant to Sections 4.7(a) and 6.1 hereof). Except as otherwise specifically provided herein, upon the final distribution of Trust Proceeds, the Plan Administrator shall be deemed discharged and have no further duties or obligations hereunder, except to account to the Post-Consummation Trust Beneficiaries as provided in Section 4.4 hereof and as may be imposed on the Plan Administrator by virtue of Section 6.1 hereof, and the Post-Consummation Trust will be deemed to have been dissolved.

Continuance of Trust for Winding Up. After the termination of the Post- Consummation Liquidation Trust and solely for the purpose of liquidating and winding up the affairs of the Post-Consummation Liquidation Trust, the Plan Liquidation Trust Administrator shall continue to act as such until its duties have been fully performed. Upon distribution of all the Trust Proceeds, the Plan Liquidation Trust Administrator shall retain the books, records and files that shall have been delivered to or created by the Plan Liquidation Trust Administrator. At the Plan Liquidation Trust Administrator’s discretion, all of such records and documents may be destroyed at any time following the date that is six years after the final distribution of Trust Proceeds (unless such records and documents are necessary to fulfill the Plan Liquidation Trust Administrator’s obligations pursuant to Sections 4.7(a) and 6.1 hereofof this Agreement). Except as otherwise specifically provided herein, upon the final distribution of Trust Proceeds, the Plan Liquidation Trust Administrator shall be deemed discharged and have no further duties or obligations hereunder, except to account to the Post-Consummation Liquidation Trust Beneficiaries as provided in Section 4.4 hereof of this Agreement and as may be imposed on the Plan Liquidation Trust Administrator by virtue of Section 6.1 of this Agreement hereof, and the Post-Consummation Liquidation Trust will be deemed to have been dissolved.