title
RESOLUTION TO APPROVE AND EXECUTE THE THIRD AMENDMENT TO THE
CONSENT DECREE AND ENVIRONMENTAL SETTLEMENT AGREEMENT IN
IN RE: TRONOX INCORPORATED, ET AL., S.D.N.Y. CASE NO. 09-10156
resolution
WHEREAS, the COUNTY OF DUPAGE, the United States, twenty-two States, certain Local Governments, and the Navajo Nation previously entered into a Consent Decree and Environmental Settlement Agreement ("Environmental Settlement Agreement" or "ESA") with the Defendant(s) (hereinafter "Debtors") in In Re: Tronox Incorporated, et al., S.D.N.Y. Case No. 09-10156, which went into effect on February 14, 2011, and which resulted in over $4.4 billion directed to various Environmental Response Trusts/Accounts to fund and complete cleanup ("Environmental Actions") at dozens of contaminated industrial and mining sites nationwide, including within West Chicago, Illinois; and
WHEREAS, the ESA provides for amendment of the Settlement Agreement by a writing signed by all parties; and
WHEREAS, the ESA was previously amended by a First Amendment and Second Amendment; and
WHEREAS, pursuant to the Environmental Settlement Agreement and related trust agreements as amended, ("Environmental Response Trust Agreements"), five trusts ("Environmental Response Trusts") were created for purposes specified in the Environmental Settlement Agreement and the Environmental Response Trust Agreements, including but not limited to addressing administrative and property management functions with respect to certain properties transferred by Debtors to the Environmental Response Trusts, and performing, managing, and/or funding Environmental Actions at specified sites ("Environmental Response Trust Sites");
WHEREAS, subject to the terms of the Environmental Settlement Agreement and Environmental Response Trust Agreements, the Environmental Response Trusts' funding w...
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