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pursuant to an Escrow Deposit Agreement dated as of October 12, 1994 among the
Trust, Morgens & Waterfall and Wertheim Schroder & Co. Incorporated, as escrow
agent.
Pursuant to the Securities Purchase Agreement relating to the
Envirodyne Shares, the Trust has deposited 2,500,000 Shares of Zapata Stock
with the escrow agent to secure its obligation to pay the purchase price upon
the satisfaction of all conditions precedent to its closing obligation
thereunder. The Escrow Deposit Agreement provides that the escrow agent may
sell the escrowed Zapata Shares and apply the net proceeds to satisfy the
purchase price for the Envirodyne Shares if the Trust fails to pay Morgens &
Waterfall the purchase price within the prescribed time period. The Securities
Purchase Agreement and Escrow Deposit Agreement are attached hereto as Exhibit
14 and Exhibit 15, respectively, and are hereby incorporated herein by
reference.
ITEM 7. MATERIALS TO BE FILED AS EXHIBITS.
---------------------------------
Exhibit 14 - Securities Purchase Agreement dated as of October 12,
1994 among the Trust and Edwin H. Morgens and Bruce
Waterfall as agents for Restart Partners L.P.,
Restart Partners II, L.P., Restart Partners III,
L.P., Restart Partners IV, L.P., the Common Fund for
Non-Profit Organizations, Morgens Waterfall Income
Partners and Morgens, Waterfall, Vintiadis & Company
Employees Profit Sharing Plan
Exhibit 15 - Escrow Deposit Agreement dated as of October 12, 1994
among the Trust, Wertheim Schroder & Co.
Incorporated, Edwin H. Morgens and Bruce Waterfall as
agents for Restart Partners L.P., Restart Partners
II, L.P., Restart Partners III, L.P., Restart
Partners IV, L.P., the Common Fund for Non-Profit
Organizations, Morgens Waterfall Income Partners and
Morgens, Waterfall, Vintiadis & Company Employees
Profit Sharing Plan
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