Examples of ASARCO Committee in a sentence
In the event of a transfer of a portion of the SCC Litigation Trust Claims to the SCC Litigation Trust pursuant to the auction, the proposed terms of the SCC Litigation Trust and the SCC Litigation Trust Interests set forth in the SCC Litigation Trust Agreement will be subject to change based on negotiation with the SCC Purchasers and consultation with the ASARCO Committee, the DOJ, Sterlite, the Asbestos Claimants’ Committee, and the FCR.
JordanJordan, Hyden, Womble, Culbreth & Holzer, P.C. Suite 900, Bank of America500 North Shoreline Corpus Christi, TX 78471 Facsimile: (361) 888-5555Email: sjordan@jhwclaw.com Counsel for the ASARCO Committee Paul M.
Upon such notice, a successor escrow agent shall be appointed by the Plan Sponsor who shall provide written notice of such appointment to the resigning Escrow Agent and the ASARCO Committee.
To the extent the ASARCO Committee is authorized under this Escrow Agreement to give the Escrow Agent any notice hereunder, the authorized representative of the ASARCO Committee (the “Authorized Creditor Representative”) is authorized to give the Escrow Agent such further instructions; it being understood and acknowledged that the Escrow Agent need not make any inquiry or determination as to the authority of the individual signing such notice as the Authorized Creditor Representative.
The Escrow Agent may resign and be discharged from its duties hereunder at any time by giving thirty (30) calendar days’ prior written notice of such resignation to the Plan Sponsor and the ASARCO Committee.
The Liquidation Trust Board shall consist of five members initially selected as follows: (1) one selected by the ASARCO Committee; (2) one selected by the DOJ (in consultation with the states that have Allowed environmental Claims); (3) one selected by the Asbestos Claimants’ Committee; (4) one selected by the Plan Administrator; and (5) one selected by the other four members of the Liquidation Trust Board.
The Plan Sponsor may remove the Escrow Agent at any time by giving thirty (30) calendar days’ prior written notice to the Escrow Agent and the ASARCO Committee.
If a successor Escrow Agent has not accepted such appointment by the end of such 30-day period, the Escrow Agent may, in its sole discretion and after reasonable advance notice to the ASARCO Committee, apply to a court of competent jurisdiction for the appointment of a successor Escrow Agent, who shall be a nationally recognized commercial bank, or for other appropriate relief.
By: Name: Title: Counsel to the ASARCO Committee The Bank of New York Mellon Escrow Group 000 Xxxxxxx Xxxxxx New York, NY 10271 Attn: Xxxxx Xxxxxx Facsimile: 000-000-0000 Reference is made to that certain Escrow Agreement dated as of August 20, 2009 (the “Escrow Agreement”) by and among ASARCO Incorporated, a Delaware corporation (the “Parent”), Americas Mining Corporation (“AMC”, and together with the Parent, the “Plan Sponsor”) and The Bank of New York Mellon (the “Escrow Agent”).
JordanJordan, Hyden, Womble, Culbreth & Holzer, P.C. Suite 900, Bank of America500 North Shoreline Corpus Christi, TX 78471 Facsimile: (361) 888-5555Email: sjordan@jhwclaw.comCounsel for the ASARCO Committee Paul M.