NON-RELEASED PARTY TRUST AGREEMENTNon-Released Party Trust Agreement • November 3rd, 2020 • New York
Contract Type FiledNovember 3rd, 2020 JurisdictionThis NON-RELEASED PARTY TRUST AGREEMENT is made this 20th day of March, 2019 (this “Agreement”), by and among Nine West Holdings, Inc. (“NWHI”), on behalf of itself, the other Debtors, and any successors in interest to the foregoing (collectively, the “NWHI Parties”), as settlors, and Marc S. Kirschner, as trustee of the Non-Released Party Trust referred to herein (in such capacity, the “Non-Released Party Trustee”), and creates and establishes the Non-Released Party Trust (the “Non-Released Party Trust”) referenced herein in order to facilitate the implementation of the Debtors’ Third Amended Joint Plan of Reorganization Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 1306], dated February 27, 2019 (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof and including the Plan Supplement, the “Plan”). Each NWHI Party and the Non-Released Party Trustee are sometimes referred to herein individually as a “Party”