FORM OF POST-CONSUMMATION TRUST AGREEMENTConsummation Trust Agreement • February 13th, 2009 • Illinois
(this “Agreement”), by and among KIMBALL HILL, INC. and each of its subsidiaries a party hereto, in their capacities as debtors and debtors in possession and on behalf of themselves and their respective chapter 11 estates (each a “Debtor” and, collectively, the “Debtors”), as settlors, and [ ], as trustee of the Post-Consummation Trust referred to herein (in such capacity, the “Plan Administrator”). Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Joint Plan of Kimball Hill, Inc. and its Debtor Subsidiaries Pursuant to Chapter 11 of the United States Code, dated December 2, 2008 (as amended and supplemented from time to time, the “Plan”).
