Common Contracts

EXTENDED STAY LITIGATION TRUST AGREEMENT

Litigation Trust Agreement • July 13th, 2010 • New York

• Contract Type
  Litigation Trust Agreement
• Filed
  July 13th, 2010
• Jurisdiction
  New York

, 2010, by and among the Debtors, ESI and [NAME OF LITIGATION TRUSTEE], [a [STATE OF ORGANIZATION (if a company)] company], as the trustee (the “Original Trustee”), is executed in order to establish a litigation trust (the “Litigation Trust”) in connection with the Debtors’ Fifth Amended Plan of Reorganization Under Chapter 11 of the Bankruptcy Code, including, without limitation, any supplement to such Plan and the exhibits and schedules thereto (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the “Plan”). Capitalized terms used in this Litigation Trust Agreement and not otherwise defined herein shall have the meanings ascribed to them in the Plan.