34. All securities and claims deposited under or subject to the Plan and Agreement, and all securities and claims purchased or otherwise acquired thereunder, shall remain in full force and effect for all purposes, and except as mentioned in the Plan shall not be deemed to have been merged, satisfied, released or discharged by any delivery of new securities, and no legal right or lien shall be deemed released or waived, but said securities and claims and any judgment or judgments upon any thereof, and all liens and equities shall remain unimpaired and may be enforced by the Reorganization Managers or by anyone to whom the same, with the assent of the Reorganization Managers, may have been assigned, or by the New Company, until paid or satisfied in full or expressly released, as they may be, by the New Company. Neither the Reorganization Managers nor the Reorganization Committee nor any Depositors who are creditors of the Old Company shall by executing this Agreement or by becoming parties hereto, release, surrender, waive or merge in favor of any stockholder or other creditors of the Old Company any lien, right or claim. Any purchase or purchases made in pursuance of, or for the purpose of carrying out, the Plan under any decree for the enforcement of any such lien, right or claim, shall vest the property purchased in the purchaser and his or their assigns free from all interest or claim on the part of any such stockholders, creditors or other parties. No right is conferred or created hereby, nor is any trust, liability or obligation (except the agreements herein contained in favor of the Depositors) created by the Plan and Agreement, or assumed hereunder, or by or for any New Company in favor of any creditor of or any holder of any claim whatsoever against the Old Company or in favor of any company now existing or to be formed hereafter (whether such claim be based on any bonds, stocks, securities, leases, guaranties, notes, debts or [otherwise) with respect to any securities or claims deposited or held under this Agreement, or any moneys paid to or received by the Reorganization Managers or the Depositaries, or with respect to any property acquired by purchase at any judicial sale or otherwise, or with respect to any new securities to be issued hereunder, or with respect to any other matter or thing; and this Agreement shall not be construed to create any trust or obligation to or in favor of any person or corporation other than the parties hereto or as mentioned in the Plan.
35. All moneys paid by Depositors hereunder shall be held by one or more of the Depositaries subject to the order of the Reorganization Managers. The Reorganization Managers shall apply the same, and any other moneys which may come within their control, for the purposes of the Plan and Agreement as from time to time may be determined by them; and their determination as to the propriety and purpose of any such application shall be final and nothing in the Plan shall be understood as limiting or requiring the application of specific moneys to specific purposes. Any obligation in the nature of floating debt or otherwise against any company or property embraced in the Plan, either as proposed or carried out, or any securities held as collateral to any such obligation, may be acquired or extinguished or held by the Reorganization Managers or anyone approved by them, at such time, in such manner and upon such terms as the Reorganization Managers may deem proper for the purposes of reorganization; and nothing in the Plan and Agreement contained is intended to constitute or create, or shall constitute or create, any liability or trust in favor or in respect of any such obligation.
36. Except as herein or in the Plan otherwise expressly provided, all calls or notices required or permitted to be made hereunder or under the Plan for payments or for the surrender or presentation of certificates of deposit issued hereunder, and all notices fixing or limiting any period for the deposits or for such payments, and all other calls and notices hereunder, shall be published in two newspapers regularly published and issued in the Borough of Manhattan, New York City, twice in ten days, in each case on any day of the week. Any call or notice whatsoever, when so published by the Reorganization Managers, shall be taken and considered as though personally served upon all the parties hereto and upon all parties bound hereby as of the respective dates of the first publication thereof, and, except as herein or in the Plan otherwise expressly provided, such publication shall be the only notice required to be given under any provision of this Plan and Agreement,
37. An original of this Agreement signed by the Reorganization Managers and the Reorganization Committee with the
Plan annexed thereto shall be lodged with the..............., at its office at.............., and with.............., at its office at...............and with the respective Depositaries under the Deposit Agreements. The Plan and this Agreement shall bind and benefit the Reorganization Committee, and the Reorganization Managers and the Depositors hereunder, and their and each of their survivors, heirs, executors, administrators, successors and assigns.
38. The term "Receiver" as used herein shall be deemed to include any past, present or successor receiver of the Old Company appointed by the District Court of the United States for the Northern District of Illinois.
39. The terms "deposited securities," "securities deposited under the Plan," "deposited stock" and "stock deposited under the Plan" shall be deemed to include securities or stock, as the case may be, held by the Depositaries or any agent of the Reorganization Managers, or by any Depositary for any committee under any deposit agreement herein named (which committee shall have adopted and approved this Plan and Agreement).
In Witness Whereof, the Reorganization Managers and the Reorganization Committee have respectively affixed their signatures hereto as of the day and year first above written and the Depositors have become parties hereto in the manner above stated.