Reserves; Pooling of Reserved Funds. Before any Distribution can be made, the Trustee shall, in its reasonable discretion, establish, supplement, and maintain reserves in an amount sufficient to meet any and all expenses and liabilities of the Trust, including attorneys’ fees and expenses and the fees and expenses of other professionals. In accordance with section 8.05 of the Plan, the Trust shall also maintain as necessary a reserve for Disputed Claims required to be administered by the Trust. The Trustee need not maintain the Trust’s reserves in segregated bank accounts and may pool funds in the reserves with each other and other funds of the Trust; provided, however, that the Trust shall treat all such reserved funds as being held in segregated accounts in its books and records.
Reserves; Pooling of Reserved Funds. Before any distribution can be made, the Trustee shall, in its reasonable discretion, establish, supplement, and maintain Trust Assets in an amount, as set forth on Exhibit B, sufficient to meet any and all expenses and liabilities of the Trust, including attorneys’ fees and expenses, the fees and expenses of other professionals, and fees owed the U.S. Trustee. The Trustee shall also maintain sufficient funds until all Allowed Claims have been paid in full. In accordance with section 3.2.12 of this Agreement, the Trust may also maintain as necessary a Disputed Claims Reserve with respect to General Unsecured Claims required to be administered by the Trust. For the avoidance of doubt, the Trustee may withhold any distribution pending the Trust’s determination of whether to object to any General Unsecured Claim. Any such withheld distribution shall become part of the Disputed Claims Reserve and shall be distributed to the appropriate holder of an Allowed General Unsecured Claim no later than the first Distribution Date after a decision is made not to object to the pertinent Claim or the Claim becomes Allowed. The Trustee need not maintain any of the Trust’s reserves in segregated bank accounts and may pool funds in the reserves with each other and other funds of the Trust; provided, however, that the Trust shall treat all such reserved funds as being held in a segregated manner in its books and records.
