PRIVATE ACTIONS TRUST AGREEMENTPrivate Actions Trust Agreement • September 14th, 2010 • Delaware
This Private Actions Trust Agreement (the “Private Actions Trust Agreement”), dated as of , 2010, by and among those creditors and equity interest holders of the Plan Debtors, excluding present and former directors, officers or managers of the Plan Debtors or the Consolidated Non-Debtors (collectively, “Grantors”), that have executed a Private Actions Trust Election (“Trust Election”) and , as the trustee (the “Original Trustee”), is executed in order to establish a liquidating trust in connection with the Second Amended Joint Chapter 11 Plan of Liquidation Filed by the Chapter 11 Trustee and the Official Committee of Unsecured Creditors, dated August 17, 2010, including, without limitation, any supplement to such Plan and 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”). Capitalized terms used in this Private Actions Trust Agreement and not otherwise defined herei
