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ity that their parents might need financial assistance during
their parents’ respective lives. Those paragraphs reflected the
children’s agreement that, in the unlikely event that the total
assets held by ES3LP and the total assets owned by Mr. Stone and
Ms. Stone were insufficient to enable them to maintain their
respective accustomed standards of living, the children, as a
group, would share equally in providing for the maintenance of
their parents at such standards of living through distributions
of equal amounts from ES4LP, CRSLP, RSMLP, and MSFLP, respec-
tively.
The parties in the litigation among the children also
addressed in paragraph H of section III of the 1997 amended and
restated plan an issue relating to estate taxes and estate
administration expenses payable after Mr. Stone and Ms. Stone
died. Those parties resolved that issue by agreeing in that
paragraph that, in the event the total assets in Mr. Stone’s
residuary estate and the total assets owned by ES3LP were not
sufficient to pay estate taxes and estate administration expenses
owing as a result of their parents’ respective deaths, the
children, as a group, would share equally in paying any such
taxes and expenses through distributions of equal amounts from
ES4LP, CRSLP, RSMLP, and MSFLP, respectively.
The 1997 amended and restated plan for settlement--Company
provided in part as follows:
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