0000950138-05-000409 Sample Contracts

LIQUIDATING TRUST AGREEMENT
Liquidating Trust Agreement • May 13th, 2005 • Ebs Building LLC • Real estate investment trusts • Delaware

THIS LIQUIDATING TRUST AGREEMENT (this “Trust Agreement”) of EBS Liquidating Trust, a Delaware statutory trust (the “Trust”), is made as of the 15th day of April, 2005, among EBS Building, L.L.C., a dissolved Delaware limited liability company (the “Company”), FTI Consulting, Inc., as administrator (the “Administrator”), and the Wilmington Trust Company as trustee (the “Resident Trustee”).

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FEE AND INDEMNITY AGREEMENT
Fee and Indemnity Agreement • May 13th, 2005 • Ebs Building LLC • Real estate investment trusts • Delaware

This Fee Agreement (this “Agreement”) is made as of April 15, 2005 (the “Closing Date”), by and between Wilmington Trust Company, a Delaware banking corporation (“Wilmington Trust”), and EBS Liquidating Trust, a Delaware statutory trust (the “Trust”).

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