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Thursday, 02/17/2011 3:22:29 PM

Thursday, February 17, 2011 3:22:29 PM

Post# of 42851
ARTICLE XXIV
PROVISION FOR TREATMENT OF PREFERRED EQUITY INTERESTS (CLASS 20)
24.1 Treatment of Preferred Equity Interests: In the event that all Allowed
Claims and Postpetition Interest Claims in respect of Allowed Claims are paid in full (including
with respect to Allowed Subordinated Claims), the Liquidating Trust Interests shall be
redistributed, and holders of Preferred Equity Interests shall be entitled to receive their Pro Rata
Share of Liquidating Trust Interests, to be shared on a pari passu basis with holders of the REIT
Series.
24.2 Cancellation of Preferred Equity Interests: Notwithstanding the
provisions of Section 24.1 hereof, on the Effective Date, all Preferred Equity Interests shall be
deemed extinguished and the certificates and all other documents representing such Equity
Interests shall be deemed cancelled and of no force and effect.

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