SHARED ASSETS TRUST AGREEMENTShared Assets Trust Agreement • June 3rd, 2008 • New York
This Shared Assets Trust Agreement (the “Trust Agreement”), dated as of May 22, 2008, by and among M. Fabrikant & Sons, Inc. and Fabrikant-Leer International, Ltd. (each as a debtor and debtor-in-possession, and collectively, the “Debtors”), the GUC Trust (the “GUC Trust”) and Alan M. Jacobs, or his successors and assigns (the “Shared Assets Trustee”). Capitalized terms used in this Trust Agreement and not otherwise defined herein shall have the meanings ascribed to them in the Joint Plan of Liquidation Under 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, dated November 7, 2007 (as amended, modified and supplemented from time to time, the “Plan”).
