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Sunday, August 27, 2023 9:22:08 PM
“In January 2020, an Amended and Restated Liquidating Trust Agreement (the “A&R LTA”) was entered into by the parties thereto. The A&R LTA, among other things, provides for the winding-down and dissolution of the Liquidating Trust and, among other things, streamlines the Liquidating Trust’s governance structures, including: removing the requirement that the Trust be managed by a Liquidating Trustee; disbanding the Trust Advisory Board; and vesting authority to manage winding-down of the Trust’s operations in one or more administrators in a manner consistent with Delaware law. The Trust has not at any time engaged in, and will not at any time engage in, the conduct of any trade or business other than the liquidation and distribution of the Liquidating Trust Assets.”
http://www.kccllc.net/documents/8817600/8817600210115000000000001.pdf?nh=1
This was the third time the Liquidating Trust Agreement had been amended. Here are the links to the original and previous two Amended Liquidating Trust Agreements.
Original WMI Liquidating Trust Agreement - March 2012
https://www.sec.gov/Archives/edgar/data/933136/000090951812000099/mm03-1212_8ke101.htm
Amendment #1 to WMI Liquidating Trust Agreement - August 2012
https://www.sec.gov/Archives/edgar/data/933136/000090951812000255/mm08-0112_8ke101.htm
Amendment #2 to WMI Liquidating Trust Agreement - January 2014
https://www.sec.gov/Archives/edgar/data/1545078/000090951814000007/mm01-1014_8ke101.htm
There was not a link provided for the third Amended Liquidating Trust Agreement. At that time in January 2021, CSNY had written to the Trust’s counsel requesting that the document be placed on its website and with KCC. According to CSNY, after some back and forth with the Trust's counsel they flatly refused to do so.
link to this assertion?... so it can be discussed.... Lodas
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