Common use of Financial and Status Reports Clause in Contracts

Financial and Status Reports. On the anniversary date of the Effective Date, and as soon as practicable upon termination of the Litigation Trust, the Litigation Trustee shall make available upon request to each holder of Litigation Trust Interests appearing on his/her records as of the end of such period or such date of termination a written report including: (i) financial statements of the Litigation Trust for such period, and, if the end of a calendar year, a report (which may be prepared by an independent certified public accountant employed by the Litigation Trustee) reflecting the result of such agreed upon procedures relating to the financial accounting administration of the Litigation Trust as proposed by the Litigation Trustee; (ii) a description of any action taken by the Litigation Trustee in the performance of his duties which materially affects the Litigation Trust and of which notice has not previously been given to the holders of Litigation Trust Interests; (iv) the status of the claims and causes of action assigned to the Litigation Trust; and (v) a description of the progress of converting Litigation Trust Assets to Cash and making distributions to holders of Litigation Trust Interests and any other material information relating to the Litigation Trust Assets and the administration of the Litigation Trust. The Litigation Trustee may post any such report on a web site maintained by the Litigation Trustee or electronically file it with the Bankruptcy Court in lieu of actual notice to holders of Litigation Trust Interests (unless otherwise required by law).

Financial and Status Reports. On the anniversary date The fiscal year of the Effective DateLiquidating Trust shall be the calendar year. Within 90 days after the end of each calendar year during the term of the Liquidating Trust, and within 45 days after the end of each calendar quarter during the term of the Liquidating Trust (other than the fourth quarter) and as soon as practicable upon termination of the Litigation Liquidating Trust, the Litigation Liquidating Trustee shall make available upon request to each holder of Litigation the Liquidating Trust Interests Beneficiaries appearing on his/her records in the Trust Register as of the end of such period or such date of termination termination, a written report including: : (i) financial statements of the Litigation Liquidating Trust for such period, and, if the end of a calendar year, a an unaudited report (which may be prepared by an independent certified public accountant employed by the Litigation Liquidating Trustee) reflecting the result of such agreed upon procedures relating to the financial accounting administration of the Litigation Liquidating Trust as proposed may be adopted by the Litigation Liquidating Trustee; (ii) a summary description of any action taken by the Litigation Trustee Liquidating Trust which, in the performance judgment of his duties which the Liquidating Trustee, materially affects the Litigation Liquidating Trust and of which notice has not previously been given to the holders of Litigation Liquidating Trust InterestsBeneficiaries; (iv) the status of the claims and causes of action assigned to the Litigation Trust; and (viii) a description of the progress of converting Litigation liquidating the Liquidating Trust Assets to Cash and making distributions to holders the Liquidating Trust Beneficiaries, which description shall include a written report providing, among other things, a summary of Litigation the litigation status of the Preserved Estate Claims transferred to the Liquidating Trust, any settlements entered into by the Liquidating Trust Interests with respect to the Preserved Estate Claims, the Liquidating Trust Proceeds recovered to date, and the distributions made by the Liquidating Trust to date; (iv) payments made to the Liquidating Trustee and the Liquidating Trust Professionals (including fees and expenses paid to contingency fee counsel); and (v) any other material information relating to the Litigation Liquidating Trust Assets and the administration of the Litigation TrustLiquidating Trust deemed appropriate to be disclosed by the Liquidating Trustee. In addition, the Liquidating Trust shall provide unaudited financial statements to each Liquidating Trust Beneficiary on a quarterly basis (which may be quarterly operating reports filed with the Bankruptcy Court). The Litigation Liquidating Trustee may post any such report on a web site website maintained by the Litigation Trustee Liquidating Trust or electronically file it with the Bankruptcy Court in lieu of actual notice to holders each Liquidating Trust Beneficiary. The Liquidating Trustee shall respond, as soon as reasonably practicable, to reasonable requests for information (to the extent available) described in this clause (a) that is reasonably requested from Liquidating Trust Beneficiaries during reasonable business hours, in each case, to the extent such requests do not (i) request the disclosure of privileged or confidential information, (ii) request the disclosure of information which would not be in the best interest of the Liquidating Trust (in the reasonable discretion of the Liquidating Trustee), and (iii) interfere with the duties of the Litigation Trust Interests (unless otherwise required by law)Trustee hereunder.

Financial and Status Reports. On Within 90 days after the anniversary date of calendar year-end following the Effective DateDate and for each calendar year end thereafter, and as soon as practicable upon termination of the Litigation Creditor Trust, the Litigation Creditor Trustee shall make available upon request to the agents for Other Distributees and each holder of Litigation Trust Interests Beneficiary appearing on his/her records as of the end of such period or such date of termination a written report including: : (i) financial statements of the Litigation Creditor Trust for such period, and, if the end of a calendar year, a report (which may be prepared by an independent certified public accountant employed by the Litigation Creditor Trustee) reflecting the result of such agreed upon procedures relating to the financial accounting administration of the Litigation Creditor Trust as proposed by the Litigation Creditor Trustee; (ii) a description of any action taken by the Litigation Trustee in the performance of his duties Creditor Trust which materially affects the Litigation Creditor Trust and of which notice has not previously been given to the holders of Litigation Creditor Trust Interests; (iv) the status of the claims and causes of action assigned to the Litigation Trust; and (viii) a description of the progress of converting Litigation liquidating Creditor Trust Assets to Cash and making distributions to holders of Litigation Trust Interests Beneficiaries and any other material information relating to the Litigation Creditor Trust Assets and the administration of the Litigation Creditor Trust. The Litigation Creditor Trustee may post any such report on a web site maintained by the Litigation Creditor Trustee or electronically file it with the Bankruptcy Court in lieu of actual notice to holders of Litigation Creditor Trust Interests (unless otherwise required by law). The Creditor Trustee may require the recipient of such information to agree to keep such information confidential pursuant to reasonable confidentiality provisions. Additionally, the Creditor Trustee shall provide the agents for the Other Distributees notice when the holders of Allowed General Unsecured Claims and Allowed 2015 Notes Claims have received aggregate distributions under the Plan, the Lender Litigation Settlement, the Creditor Trust, and this Creditor Trust sufficient to pay such holder 85% of the Allowed Base Claim Amounts in Cash and Class A Shares. Additional notices shall be provided upon such distributions achieving 90% and 95% of the Allowed Base Claim Amounts and upon the occurrence of the Excess Recovery Trigger Date.

Financial and Status Reports. On the anniversary date of the Effective Date, and as soon as practicable upon termination of the Litigation Trust, the Litigation Trustee shall make available upon request to each holder of Litigation Trust Interests appearing on his/her records as of the end of such period or such date of termination a written report including: : (i) financial statements of the Litigation Trust for such period, and, if the end of a calendar year, a report (which may be prepared by an independent certified public accountant employed by the Litigation Trustee) reflecting the result of such agreed upon procedures relating to the financial accounting administration of the Litigation Trust as proposed by the Litigation Trustee; (ii) a description of any action taken by the Litigation Trustee in the performance of his duties which materially affects the Litigation Trust and of which notice has not previously been given to the holders of Litigation Trust Interests; (iv) the status of the claims and causes of action assigned to the Litigation Trust; and (v) a description of the progress of converting Litigation Trust Assets to Cash and making distributions to holders of Litigation Trust Interests and any other material information relating to the Litigation Trust Assets and the administration of the Litigation Trust. The Litigation Trustee may post any such report on a web site maintained by the Litigation Trustee or electronically file it with the Bankruptcy Court in lieu of actual notice to holders of Litigation Trust Interests (unless otherwise required by law).

Financial and Status Reports. On Within 90 days after the anniversary date of calendar year-end following the Effective DateDate and for each calendar year end thereafter, and as soon as practicable upon termination of the Litigation Trust, the Litigation Trustee shall make available upon request to the Reorganized Debtors, agents for the Other Distributees and to each holder of Litigation Trust Interests Beneficiary appearing on his/her its records as of the end of such period or such date of termination a written report including: (i) financial statements of the Litigation Trust for such period, and, if the end of a calendar year, a report (which may be prepared by an independent certified public accountant employed by the Litigation Trustee) reflecting the result of such agreed upon procedures relating to the financial accounting administration of the Litigation Trust as proposed by the Litigation Trustee; (ii) a description of any action taken by the Litigation Trustee in the performance of his duties Trust which materially affects the Litigation Trust and of which notice has not previously been given to the holders of Litigation Trust Interests; (iv) the status of the claims and causes of action assigned to the Litigation Trust; and (viii) a description of the progress of converting liquidating Litigation Trust Assets to Cash and making distributions to holders of Litigation Trust Interests Beneficiaries and any other material information relating to the Litigation Trust Assets and the administration of the Litigation Trust. The Litigation Trustee may post any such report on a web site maintained by the Litigation Trustee or electronically file it with the Bankruptcy Court in lieu of actual notice to holders of Litigation Trust Interests the Other Distributees and to each Beneficiary (unless otherwise required by law). The Litigation Trustee may require the recipient of such information to agree to keep such information confidential pursuant to reasonable confidentiality provisions. Additionally, the Litigation Trustee shall provide the agents for the Other Distributees notice when the holders of Allowed General Unsecured Claims and Allowed 2015 Notes Claims have received aggregate distributions under the Plan, the Lender Litigation Settlement Agreement and the Lender Litigation Settlement Approval Order, the Creditor Trust, and this Litigation Trust sufficient to pay such holder 85% of the Allowed Base Claim Amounts in Cash and Class A Shares. Additional notices shall be provided upon such distributions achieving 90% and 95% of the Allowed Base Claim Amounts and upon the occurrence of the Excess Recovery Trigger Date.

Financial and Status Reports. On the anniversary date The fiscal year of the Effective DateNon-Released Party Trust shall be the calendar year. Within 90 days after the end of each calendar year during the term of the Non-Released Party Trust, and within 45 days after the end of each calendar quarter during (other than the fourth quarter) the term of the Non-Released Party Trust and as soon as practicable upon termination of the Litigation Non-Released Party Trust, the Litigation Non-Released Party Trustee shall make available upon request to each holder of Litigation the Non-Released Party Trust Interests Beneficiaries appearing on his/her its records as of the end of such period or such date of termination termination, a written report including: (i) unaudited financial statements of the Litigation Non-Released Party Trust for such period, and, if the end of a calendar year, a an unaudited report (which may be prepared by an independent certified public accountant employed by the Litigation Non-Released Party Trustee) reflecting the result of such agreed agreed-upon procedures relating to the financial accounting administration of the Litigation Non-Released Party Trust as proposed by the Litigation Non-Released Party Trustee; (ii) a summary description of any action taken by the Litigation Trustee Non-Released Party Trust which, in the performance judgment of his duties which the Non-Released Party Trustee, materially affects the Litigation Non-Released Party Trust and of which notice has not previously been given to the holders of Litigation Non-Released Party Trust Interests; (iv) the status Beneficiaries, provided, that any such description shall not include any privileged or confidential information of the claims and causes of action assigned to the Litigation TrustNon-Released Party Trustee; and (viii) a description of the progress of converting Litigation liquidating Non-Released Party Trust Assets to Cash and making distributions to holders of Litigation the Non-Released Party Trust Interests Beneficiaries and any other material information relating to the Litigation Non-Released Party Trust Assets and the administration of the Litigation Non-Released Party Trust deemed appropriate to be disclosed by the Non-Released Party Trustee, which description shall include a written report detailing, among other things, the litigation status of the Non- Released Party Trust Causes of Action transferred to the Non-Released Party Trust, any settlements entered into by the Non-Released Party Trust with respect to the Non-Released Party Trust Causes of Action, the proceeds recovered to date from the Non-Released Party Trust Assets, and the distributions made by the Non-Released Party Trust. In addition, the Non-Released Party Trust shall provide unaudited financial statements to each Non-Released Party Trust Beneficiary on a quarterly basis (which may be quarterly operating reports filed with the Bankruptcy Court). The Litigation Non-Released Party Trustee may post any such report on a web site website maintained by the Litigation Non- Released Party Trustee or electronically file it with the Bankruptcy Court (provided that a final decree has not been entered in the Chapter 11 Cases) in lieu of actual notice to holders of Litigation each Non-Released Party Trust Interests Beneficiary (unless otherwise required by law).