GUC TRUST AGREEMENTGuc Trust Agreement • June 3rd, 2008 • New York
Contract Type FiledJune 3rd, 2008 JurisdictionThis GUC Trust Agreement (this "Trust Agreement"), dated as of May , 2008, by and among M. Fabrikant & Sons, Inc. and Fabrikant-Leer International, Ltd. (the "Debtors") and the Official Committee of Unsecured Creditors (as the Debtors’ representative) (the “Committee”, and together with the Debtors, the "Grantors"), and Buchwald Capital Advisors LLC, as the trustee (the "GUC Trustee"), is executed in connection with the Joint Plan of Liquidation under to Chapter 11 of the Bankruptcy Code of the Official Committee of Unsecured Creditors, the Debtors’ Current Lenders, Wilmington Trust Company, as agent to the Current Lenders, and the Debtors, including, without limitation, 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"), to provide for a liquidating trust to resolve, liquidate and realize upon the assets transferred to the GUC Trustee and distribute the proceeds of