FORM OF LIQUIDATION TRUST AGREEMENTTrust Agreement • February 1st, 2010 • Illinois
Contract Type FiledFebruary 1st, 2010 JurisdictionThis Trust Agreement (the “Trust Agreement”), dated as of [•], 2010, by and among Neumann Homes, Inc., (“Neumann Homes”) on behalf of itself and eight of its subsidiaries and affiliates, debtors and debtors-in-possession (collectively the “Debtors”),1 as settlors, and [•]William Kaye, as Liquidation Trust Administrator, is executed to facilitate the implementation of the Debtors’ Modified Joint Plan of Liquidation of Neumann Homes, Inc. and Its Affiliated Debtors and Debtors-In-Possession (the “Plan”), filed on December 11, 2009[February 3], 2010, which provides for (a) the establishment of the Liquidation Trust (defined below) created by this Trust Agreement and the retention and preservation of the Liquidation Trust Assets (as defined in the Plan) by the Liquidation Trust Administrator in accordance with section 1123(b)(3) of the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532, as amended (the “Bankruptcy Code”), all for the benefit of the Holders of Allowed Deferred Professiona
FORM OF LIQUIDATION TRUST AGREEMENTTrust Agreement • January 12th, 2010 • Illinois
Contract Type FiledJanuary 12th, 2010 JurisdictionThis Trust Agreement (the “Trust Agreement”), dated as of [•], 2010, by and among Neumann Homes, Inc., (“Neumann Homes”) on behalf of itself and eight of its subsidiaries and affiliates, debtors and debtors-in-possession (collectively the “Debtors”),1 as settlors, and [•], as Liquidation Trust Administrator, is executed to facilitate the implementation of the Debtors’ Joint Plan of Liquidation of Neumann Homes, Inc. and Its Affiliated Debtors and Debtors-In-Possession (the “Plan”), filed on December 11, 2009, which provides for (a) the establishment of the Liquidation Trust (defined below) created by this Trust Agreement and the retention and preservation of the Liquidation Trust Assets (as defined in the Plan) by the Liquidation Trust Administrator in accordance with section 1123(b)(3) of the United States Bankruptcy Code, 11 U.S.C. §§ 101-1532, as amended (the “Bankruptcy Code”), all for the benefit of the Holders of Allowed Deferred Professional Fees (as defined in the Plan) and All