Court Decision: The Equity Committee should continue to have a role, albeit limited, after confirmation to protect the interests of shareholders. (p.107) There should be some mechanism for replacement of the Liquidating Trustee by the beneficiaries of the Liquidating Trust. (p.108) Proposed Resolution: The Plan and Liquidating Trust Agreement will be amended to provide the Equity Committee with the ability to designate one (1) Person to serve on the Trust Advisory Board (subject to the consent of the Debtors, the Creditors’ Committee and the Settlement Note Holders). Pursuant to Section 8.2 of the form Liquidating Trust Agreement that was filed as part of the Plan Supplement on November 29, 2010 (and as it currently provides), the Liquidating Trustee may be removed by a majority vote of the members of the Trust Advisory Board, including but not limited to, for fraud or willful misconduct in connection with the affairs of the Liquidating Trust or for breach of fiduciary duty. http://www.kccllc.net/documents/0812229/0812229110117000000000007.pdf imo