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Re: littledevils90210 post# 15380

Saturday, 10/06/2012 8:23:52 AM

Saturday, October 06, 2012 8:23:52 AM

Post# of 116190
Right On LD!
and it's interesting how the plan trust indicates ALL LBHI stock is cancelled...
I have what may be considered a DUMB question for you...Are CT's considered LBHI stock?

W I T N E S S E T H
WHEREAS, the Plan Trust is created pursuant to, and to effectuate, the Plan;
WHEREAS, the Plan Trust is created on behalf of, and for the sole benefit of, the holders of record of LBHI Stock (including any permitted successor record holder thereof, the “Beneficiaries”);
WHEREAS, the Plan provides that on the Effective Date all LBHI Stock is to be canceled and LBHI shall issue the Plan Trust Stock (which shall replace the canceled LBHI Stock) to the Plan Trust, to be held for the benefit of the Beneficiaries consistent with their former relative priority and economic entitlements as holders of LBHI Stock and Sections 4.17(b) and (c) of the Plan; and
WHEREAS, the Plan Trust is intended to qualify as a liquidating trust within the meaning of Treasury Regulation Section 301.7701-4(d);
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein and in the Plan, LBHI and the Trustees agree as follows:

Cheers!
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