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06/15/2021
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06/15/2021
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8/26/2021 2:01:46 PM
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8/26/2021 1:57:21 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/15/2021
Meeting Body
Board of County Commissioners
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Issue <br />Description <br />approach is taken, the governmental entities involved in the mediation — <br />states, territories, tribes, counties, cities and others — would commit the <br />Public Funds allocated to them to such future abatement, in lieu of direct <br />payment for their claims. <br />a. Resolution of States' and Local Governments' claims under this <br />model presumes signoff by and support of the federal government, <br />including an agreement that the federal government will also forego <br />.its past damages claims. Continued coordination with the federal <br />government therefore is necessary as -this odel is finalized. <br />b. This outline addresses the allocation -of Abatement Funds among <br />governmental entities to provide abatement programs to the public <br />for the benefit of not o�nly�thegovernmental entities and their <br />constituents, but also a substantial number of other creditors. The <br />States Local Governments <br />and welcome,other, private -side creditor <br />groups to enter discussions concerning h \w such creditors may <br />participate in, contribute to and/or benefit from the government - <br />funded abatement\programs contemplated herein in lieu of direct <br />payment on their cl`ai ms for past�damages. ' <br />In c g abateim� t <br />c. addit �providi services, it is understood that, if <br />their claims are to be released_ in .al reorganization plan, a portion of <br />the -Purdue estate -,will also need to be dedicated to personal injury <br />claimants, A is being developed <br />proposal regarding such claims <br />x� <br />\\epaiately <br />Funds distributed from the Purdue bankruptcy estate as <br />`Al`Public <br />parrtf\this_abatement structure shall be used only for such <br />Appr= ed'Uses. Compliance with these requirements shall be <br />verified through reporting, as set out in Section 8. This outline and <br />the terms herein are intended to apply solely to the use and <br />allocation of Public Funds in the Purdue Chapter 11 Plan, and do <br />not apply to the use or allocation of funds made available as the <br />' <br />result of judgments against or settlements with any party other than <br />those released asp art of the Chapter 11 Plan. <br />4. DISBURSEIVIENT� <br />Disbursement of Abatement Funds <br />OF FUNDS��� <br />The Bankruptcy Court shall appoint [a third -party administrator <br />("Administrator")] [Trustee(s)] who will perform the ministerial task of <br />overseeing distribution of all Abatement Funds, which will consist of all <br />assets transferred to such fund by way of the confirmed Chapter 11 Plan, <br />and any, growth, earnings, or revenues from such assets, as well as proceeds <br />from any future sale of such assets. The [Administrator] [Trustees] shall <br />distribute the Abatement Fund consistent with the Chapter 11 Plan and shall <br />provide to the Bankruptcy Court an annual report on such distributions. <br />[Points to be addressed regarding disbursements: <br />4812-5294-4831.v 1 92 <br />
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