8. The Reorganization Managers may determine who are or shall be creditors under the Plan (subject to the adjustments already made with certain creditors) and the terms and manner in which creditors may participate under the Plan and the securities thereunder to be used in that respect. The Reorganization Managers are hereby authorized and directed to take all steps necessary to carry into effect all adjustments heretofore made with creditors.
9. Certificates of deposit issued under the several deposit agreements herein and in the Plan mentioned are hereby adopted as certificates of deposit under the Plan and Agreement. All references herein and in the Plan to certificates of deposit under or subject to the Plan shall be deemed to include such certificates so adopted as well as new certificates issued under the Plan.
10. Any holder of any certificate of deposit issued under any of the Deposit Agreements aforesaid may present the same to one of the Depositaries under the Plan or to the Depositary which issued it for the purpose of having notation made upon his certificate of deposit that such certificate of deposit is held subject to the Plan and this Agreement and that the holder thereof has assented to all the terms and provisions thereof, and thereupon such notation shall be made by such Depositary.
11. All certificates of deposit subject to the Plan, and the interests represented thereby, and all rights by virtue thereof, shall be transferable only subject to the terms and conditions of the Plan and Agreement and in such manner as the Reorganization Managers shall approve. Upon any such transfer all rights and liabilities of the transferor in respect to his deposit represented by his transferred certificate (including his rights to any payments made in respect thereof and receipted for by endorsement thereon), as well as his liability for any unpaid balance due on such certificates, and all his other rights, benefits, liabilities or obligations thereunder and under the Plan shall pass to the transferee or transferees, and holders of such certificates of deposit shall, for all purposes, be substituted in place of the former holders, subject to the Plan and this Agreement. All such transferees, as well as the original owners of such certificates, shall be embraced within the term "Depositors" wherever used herein, and every and any certificate of deposit under the Plan may be treated by the Reorganization Managers and their Depositaries and the Committees under said Deposit Agreements and their Depositaries as a negotiable instrument, and the bearer or, if registered, the registered holder for the time being, may be deemed to be the absolute owner thereof and of all rights thereunder, and neither the Reorganization Managers, the Reorganization Committee nor said other Committees, nor any Depositary, shall be affected by any notice to the contrary. By acceptance of or holding any certificate of deposit subject to the Plan every recipient or holder thereof shall become a party to the Plan and Agreement with the same force and effect as though an actual subscriber hereto. The term "Depositor" whenever used herein is intended and shall be construed to include not only persons acting in their own right, but also trustees, guardians, committees, agents or persons acting in a representative or fiduciary capacity and those represented by or claiming under them, and partnerships, associations, joint stock companies and corporations. No rights hereunder shall accrue in respect to any stock or bonds of the Old Company or in respect to any claims against the Old Company, unless or until the same shall have been subjected to the Plan and Agreement. A Bondholders' Committee, consisting of..............and others, constituted by and acting under said Deposit Agreements dated............, and............; a Bondholders' Committee consisting of.............and others, constituted by and acting under said Deposit Agreement dated............; a Bondholders' Committee consisting of..............and others, constituted by and acting under said Deposit Agreement dated............; and the Stockholders' Committee, consisting of..............and others, constituted by and acting under said Deposit Agreement dated............
(said Committees being herein sometimes referred to as "the Committees" and said Agreements as the "Deposit Agreements"); have severally prepared, approved and adopted, and have filed or are to file, the Plan and this Agreement in accordance with the provisions of said respective Deposit Agreements, and will give notice thereof in accordance with the terms of said Deposit Agreements respectively.
12. The Committees shall continue in existence with all the powers conferred upon them by the respective Deposit Agreements under which the same were formed, and shall from time to time take such proper action under said Deposit Agreements as shall be necessary for the purpose of endeavoring to carry the Plan and this Agreement into effect as to the securities deposited with the Depositaries of the Committees; and by the adoption of the Plan and this Agreement each of the Committees agrees that so long as the Plan in its present form, or in any modified form approved by them respectively, remains unabandoned, the Committees will take such action accordingly. The indebtedness, expenses and obligations heretofore or hereafter incurred by any of the Committees, and the compensation of the Committees, shall be and continue to be a charge against and hen upon the securities on deposit with the Depositary of the particular Committee by which such indebtedness or obligation has been or may be incurred to the extent provided in said agreements.
13. The Reorganization Managers may, in their discretion and upon such terms and conditions as they shall prescribe, and either in general or particular instances, permit holders of securities to become parties to the Plan and to this Agreement without the actual deposit of such securities, and all security holders so becoming parties are entitled to be embraced within the term "Depositor" whenever used in this Agreement.