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Adelphia liquidating trust agreement
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The ART will only make distributions to the Holders if and to the extent that it receives proceeds from the Causes of Action, and then only to the extent that the Adelphia liquidating trust agreement from agrfement Causes of Action exceed any amounts withheld by afreement Trustees to Adelpgia the prosecution of remaining Causes of Action and operations of the ART. There can be no assurance that the ART will obtain a favorable judgment or settlement with respect to any particular Cause of Action. In addition, if there is a recovery, there can be no assurance as to the timing of any such recovery.
To the extent the Causes of Action do not ultimately result in a judgment or settlement favorable to the ART, the value of the Interests will decrease. Any liability of the Trustees will be limited to actual, proximate and quantifiable damages.
The Declaration further provides that, with certain exceptions, no Holder has the right to institute any action or proceeding against the Trustees or otherwise under the Declaration unless the Holder has given the Institutional Trustee written notice of default and unless the requisite Holders have joined in the request for such action or proceeding. The Declaration provides that the Holders have no voting rights except in connection with certain amendments to the Declaration and except for limited rights in connection with the appointment of a successor Institutional Trustee or Delaware Trustee and no rights to dividends, liquidation preferences or other distributions other than their pro rata share of the net proceeds of the Causes of Action actually distributed by the Trustees pursuant to the Plan and Declaration.
Even if there is a recovery based on the Causes of Action, there can be no assurances that there will be sufficient funds to make any distributions to Holders Even if the ART obtains a settlement or award based on Adelphia liquidating trust agreement Causes of Action, there can be no assurance that the Holders will receive Adelphia liquidating trust agreement proceeds from such settlement or award. Prior to Holders receiving any payments, the Trustees will pay all of the expenses of the ART and may set aside funds for future expenses or contingencies of the ART.
Furthermore, distributions if any to a particular class of Interests is contingent upon payment in full or in some cases, in part to classes of Interests with higher distribution priorities. Potential conflicts of interest exist among the classes of Interests The existence of separate classes of Interests could give rise to occasions when the interests of the Holders could diverge, conflict or appear to diverge or conflict. Operational and financial decisions by the Trustees regarding the litigation could favor one group of Holders over another, adversely affecting the market value of a particular class of Interests or the distribution to that particular class of Interests.
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Adelphia liquidating trust agreement. Long-Term Capital Management.
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