- 334 - In order to induce Kanter to continue to serve as trustee and to reduce to writing the agreement concerning the carried interest, the Agreement and Indemnification was entered into on July 26, 1984, by and among (1) Kanter, as trustee of HCT, (2) the beneficiaries of HCT, and (3) Hyman L. Federman. The Agreement and Indemnification stated, in pertinent part, as follows: WHEREAS, BWK is currently acting as Trustee of the Hi-Chicago Trust and so acted from its inception at the time of creation; and WHEREAS, the Beneficiaries of the Trust desire that BWK continue to serve as Trustee of the Trust; and WHEREAS, BWK is willing to so serve, upon receipt of a satisfactory release and indemnification as contained herein from the Beneficiaries and from HLF, with respect to any and all claims and liabilities which might be asserted concerning prior conduct by BWK as Trustee in the operations of the Trust, and for acting or choosing not to act upon advice provided by HLF; and WHEREAS, all of the undersigned have expressed a willingness to execute this Agreement and Indemnification in order to induce BWK to continue to serve as Trustee of the Trust without seeking prior judicial approval for his past or future acts or failure to act as Trustee; and WHEREAS, to provide the beneficiaries of the Trust a current financial account there is attached hereto as "Exhibit A" a balance sheet and profit and loss statement as of the Trust year ended February 29, 1984, and a further such balance sheet and profits and loss statement as of June 30, 1984, attached as Exhibit B. NOW, THEREFORE, the parties hereto agree as follows:Page: Previous 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 Next
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