Common Contracts

LITIGATION TRUST AGREEMENT

Litigation Trust Agreement • April 18th, 2019 • Delaware

• Contract Type
  Litigation Trust Agreement
• Filed
  April 18th, 2019
• Jurisdiction
  Delaware

This Litigation Trust Agreement (the “Agreement”), made this day of , 2019 by and between (a) Synergy Pharmaceuticals, LLC ( “Synergy” or the “Liquidating Debtor”), (b) the undersigned members comprising the Oversight Committee, and (c) [  ] (“[  ]”), as trustee for the litigation trust established pursuant to this Agreement (together with any successor trustee serving from time-to-time and duly appointed hereunder, the “Litigation Trustee”), is executed to facilitate the implementation of the Fourth Amended Joint Plan of Reorganization of Synergy Pharmaceuticals Inc. and its Debtor Affiliate, dated April 18, 2019 (as the same may be amended, modified or supplemented from time to time in accordance with the terms and provisions thereof, the “Plan”), which provides for the establishment of the litigation trust created hereby (the “Litigation Trust”). Each of the Debtors, the Liquidating Debtor, the members of the Oversight Committee, and the Litigation Trustee are sometimes referred t