API, Inc. Asbestos Settlement Trust - API Asbestos Trust, API Trust, API Bankruptcy, API Bankruptcy Trust

 

October 9, 2017

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Timing of Payments

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

Based upon the financial condition of the Trust, on June 9, 2017, the Trust indefinitely suspended payments to Claimants.

That suspension ends on October 9, 2017, and Claims will then be considered and paid in the ordinary course.

This decision has been made pursuant to the Trustee's exclusive power to modify timing of payments, described at Paragraph  2.4(d), and 4.4(b) of the TDP, and based upon consultation and consent of the Trust Advisor and Legal Representative, as described in Paragraph 3.1 of the TDP.

Pursuant to these provisions, the Trustee reserves the right to make further modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, the Trust, to Claimants, Claimants' counsel, or others.


July 11, 2017

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2016. Click here to see the report.


June 9, 2017

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Timing of Payments

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

Based upon the current financial condition of the Trust, the Trust has indefinitely suspended payments to Claimants.

Claims will be accepted, and approved, or denied, in the ordinary course, and for purposes of the statute(s) of limitations, will be considered filed when received, and will be eligible for payment at a time yet to be determined.

This decision has been made pursuant to the Trustee's exclusive power to modify timing of payments, described at Paragraph  2.4(d), and 4.4(b) of the TDP, and based upon consultation and consent of the Trust Advisor and Legal Representative, as described in Paragraph 3.1 of the TDP.

Pursuant to these provisions, the Trustee reserves the right to make further modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, the Trust, to Claimants, Claimants' counsel, or others.


June 15, 2016

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2015. Click here to see the report.


June 9, 2016

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE:

API Inc. Asbestos Settlement Trust Claims Consideration and Payment Timing

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise as to the Trust's current position on consideration of claims and payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in the Notice of May 14, 2007.

Effective June 15, 2016, any properly submitted Claim will be considered for approval within fourteen (14) days from its receipt. The Trustee will make a determination at that time whether the Claim is approved, disallowed, or requires further supporting materials. If further supporting materials are required and requested by the Trustee, a determination on such Claim will be made within fourteen (14) days from the Trustee's receipt of such materials.

Effective June 15, 2016, payment on any approved Claim will be disbursed within fourteen (14) days from the approval of such approved Claim.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


January 1, 2016

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Wisconsin Claims

Wisconsin Claims are those for which all other criteria required by the the Trust Distribution Procedures ("TDP") have been satisfied, but which arise from exposure from API asbestos-containing products and/or operations within the State of Wisconsin. The Schedule of Disease Categories and Allowed Liquidated Values of such Claims shall be that of Allowed Liquidated North Dakota Values as described at Paragraph 5.1(c) of the TDP.

This decision has been made pursuant to the Trustee's power to determine the Allowed Liquidated Value for Claims contained at Paragraph 5.1(c) of the TDP.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


June 18, 2015

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2014. Click here to see the report.


June 1, 2015

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Supplemental Distribution

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise that the Trust has authorized a Supplemental Distribution, pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), in order to bring all prior approved Claims to a payment level equivalent to the current Payment Sum Percentage of the Allowed Liquidated Value of thirty-five percent (35%) for all approved Claims approved on or after June 1, 2015.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


June 1, 2015

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Claims Payment Sum Percentage

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise as to the Trust's current position on payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in the Notice of May 14, 2007.

Pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), the Payment Sum Percentage of the Allowed Liquidated Value of approved Claims has been set by the Trust at thirty-five percent (35%). This change is effective for all Claims approved on or after June 1, 2015.

As noted in the October 1, 2010 Notice of the Trustee, Enhanced Claims will continue to be accepted and approved without such adjustment of Allowed Liquidated Value and enhanced payment. For purposes of the statute(s) of limitations, such Claims will be considered filed when received, and will be eligible for potential later adjustment of Allowed Liquidated Value, and enhanced payment, if and when the Trust's financial condition permits.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


May 30, 2014

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2013. Click here to see the report.


December 5, 2013

Effective January 1, 2014, the fee for claim searches will be increased to $25 per individual.


June 6, 2013

Effective July 1, 2013, the Processing Fee will be increased to $500 per filed Claim Form. Click here to see the revised Claim Forms and instructions.


May 31, 2013

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2012. Click here to see the report.


May 15, 2013

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Claims Payment Sum Percentage

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise as to the Trust's current position on payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in the Notice of May 14, 2007.

Pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), the Payment Sum Percentage of the Allowed Liquidated Value of approved Claims has been set by the Trust at thirty percent (30%) for all Claims filed in calendar year 2013.

As noted in the October 1, 2010 Notice of the Trustee, Enhanced Claims will continue to be accepted and approved without such adjustment of Allowed Liquidated Value and enhanced payment. For purposes of the statute(s) of limitations, such Claims will be considered filed when received, and will be eligible for potential later adjustment of Allowed Liquidated Value, and enhanced payment, if and when the Trust's financial condition permits.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


April 15, 2013

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: South Dakota Claims

South Dakota Claims are those for which all other criteria required by the the Trust Distribution Procedures ("TDP") have been satisfied, but which arise from exposure from API asbestos-containing products and/or operations within the State of South Dakota. The Schedule of Disease Categories and Allowed Liquidated Values of such Claims shall be that of Allowed Liquidated North Dakota Values as described at Paragraph 5.1(c) of the TDP.

This decision has been made pursuant to the Trustee's power to determine the Allowed Liquidated Value for Claims contained at Paragraph 5.1(c) of the TDP.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


April 23, 2012

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2011. Click here to see the report.


September 15, 2011

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust”), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Claims Payment Sum Percentage

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise as to the Trust's current position on payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in the Notice of May 14, 2007.

Pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), the Payment Sum Percentage of the Allowed Liquidated Value of approved Claims has been set by the Trust at thirty percent (30%), effective September 15, 2011.

As noted in the October 1, 2010 Notice of the Trustee, Enhanced Claims will continue to be accepted and approved without such adjustment of Allowed Liquidated Value and enhanced payment. For purposes of the statute(s) of limitations, such Claims will be considered filed when received, and will be eligible for potential later adjustment of Allowed Liquidated Value, and enhanced payment, if and when the Trust's financial condition permits.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


June 8, 2011

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2010. Click here to see the report.


May 1, 2011

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Timing of Payments

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

Based upon the current financial condition of the Trust, the Trust has suspended payments to Claimants until September 15, 2011.

Claims will be accepted, and approved, or denied, in the ordinary course, and for purposes of the statute(s) of limitations, will be considered filed when received, and will be eligible for payment following September 15, 2011.

This decision has been made pursuant to the Trustee's exclusive power to modify timing of payments, described at Paragraph  2.4(d), and 4.4(b) of the TDP, and based upon consultation and consent of the Trust Advisor and Legal Representative, as described in Paragraph 3.1 of the TDP.

Pursuant to these provisions, the Trustee reserves the right to make further modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, the Trust, to Claimants, Claimants' counsel, or others.


December 20, 2010

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Modification - API Inc. Asbestos Settlement Trust Pulmonary Disease Physician Acceptability

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The Notice from the Trustee dated November 26, 2008 titled, "API Inc. Asbestos Settlement Trust Pulmonary Disease Physician Acceptability," is hereby modified as follows.

This Notice addresses how the Trust will, from this point forward, consider acceptable medical evidence to successfully support claims for Disease Categories IV (Asbestosis), and V (Pleural Disease), (hereinafter "Pulmonary Claims") at Paragraph 5.2 (c) of the API Trust Distribution Procedures (November 21, 2005) (the "TDP").

Effective immediately, the Trust will not accept the reports or conclusions or radiologists, B Readers, or others reading or interpreting x-ray films, CT scans, or similar scans, located outside the State of Minnesota for a Minnesota Asbestos Claim (Plan, Paragraph 1.85), or outside the States of Minnesota or North Dakota for a North Dakota Asbestos Claim (Plan, Paragraph 1.90) ( hereinafter, "Disallowed Reports") for Pulmonary Claims.

Likewise, the Trust will not accept the reports or conclusions of otherwise acceptable physicians, which expressly, or implicitly in the opinion of the Trustee, rely upon such Disallowed Reports.

To the extent any Pulmonary Claim is based upon such Disallowed Reports, the Claimant must resubmit the Claim with evidence acceptable to the Trustee which does not include any Disallowed Reports, or conclusions derived in whole or in part therefrom. Any such resubmitted Claim, if supported by an otherwise acceptable physician who had previously relied, in whole or in part, upon a Disallowed Report, must be supported by the opinion of a second qualified physician as described in the November 26, 2008 Notice described above.

To the extent any claim is required to be resubmitted pursuant to this Notice, its date of original filing will be preserved.

In all cases, including cases where Claimants reside outside the State of Minnesota, or North Dakota, the Trustee reserves the right to review, consider, or reject medical evidence on a case by case basis pursuant to the Trustee's discretion contained at TDP Paragraph 5.1 (a), Paragraph 7.1o or otherwise as provided in the Plan Documents.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


October 1, 2010

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Modification in Timing of Enhanced Payments

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

Based upon the current financial condition of the Trust, the Trust is not in a position to make enhanced payment on approved Extraordinary Claims, as defined at Paragraph 5.1(g) of the TDP, approved Exigent Health Claims, and/or approved Extreme hardship Claims, both as defined at Paragraph 5.1(l) of the TDP ("enhanced Claims"), nor will the Trust adjust the Allowed Liquidated Value of the Claim(s)' Disease Category, as described at Paragraph 5.1(c) of the TDP for enhanced Claims, until further notice.

Enhanced Claims may be accepted, and approved without such adjustment of Allowed Liquidated Value, and enhanced payment, and for purposes of the statute(s) of limitations, will be considered filed when received, and will be eligible for potential later adjustment of Allowed Liquidated Value, and enhanced payment, if and when the Trust's financial condition permits.

This decision has been made pursuant to the Trustee's exclusive power to modify timing of payments, described at Paragraph 4.4 (b) of the TDP.

Pursuant to that section, the Trustee reserves the right to make further modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


April 30, 2010

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2009. Click here to see the report.


November 24, 2009

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Supplemental Distribution

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise that the Trust has authorized a Supplemental Distribution, pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), in order to bring all prior approved Claims to a payment level equivalent to the current Payment Sum Percentage of the Allowed Liquidated Value of fifty-five percent (55%) for all approved Claims submitted on or after July 1, 2009.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


July 23, 2009

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Claims Payment Sum Percentage

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise as to the Trust's current position on payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in my Notice of May 14, 2007.

Pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), the Payment Sum Percentage of the Allowed Liquidated Value of approved Claims has been set by the Trust at fifty-five percent (55%). This Payment Sum Percentage shall apply to all approved Claims submitted on or after July 1, 2009.

Pursuant to TDP, Paragraph 4.4 (b), the Trustee reserves the right to make modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


April 20, 2009

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2008. Click here to see the report.


November 26, 2008

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Pulmonary Disease Physician Acceptability

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (the "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

This notice addresses how the Trust will, from this point forward, consider acceptable medical evidence to successfully support claims for Disease Categories IV (Asbestosis), and V Pleural Disease, at Paragraph 5.2(c) of the API Trust Distribution Procedures (November 21, 2005) (the "TDPs").

The diagnosis of asbestosis required at TDPs Paragraph 5.1(c), for a Minnesota Asbestos Claim (Plan, Paragraph 1.85) must generally be supported by a qualified Minnesota physician. Preference will be given to Minnesota physicians board certified in pulmonary medicine, or internal medicine.

The diagnosis of asbestosis required at TDPs Paragraph 5.1(c), for a North Dakota Asbestos Claim (Plan, Paragraph 1.90) must generally be supported by a qualified North Dakota, or Minnesota, physician. Preference will be given to North Dakota or Minnesota physicians board certified in pulmonary medicine, or internal medicine.

The diagnosis of pleural disease required at TDPs Paragraph 5.1(c), for a Minnesota Asbestos Claim, must generally be supported by diagnostic or pathological evidence generated in, or in direct referral from, a qualified Minnesota medical facility.

The diagnosis of pleural disease required at TDPs Paragraph 5.1(c), for a North Dakota Asbestos Claim, must generally be supported by diagnostic or pathological evidence generated in, or in direct referral from, a qualified North Dakota or Minnesota medical facility.

With respect to Claims in Disease Categories VI (Asbestosis), or V (Pleural Disease), submitted as neither Minnesota Asbestos Claims, nor North Dakota Asbestos Claims, such Claims must generally be supported by a qualified Minnesota physician, or diagnostic or pathological evidence generated in, or in direct referral from, a qualified Minnesota medical facility.

In all cases, including cases where Claimants reside outside Minnesota, the Trustee reserves the right to review, consider, or reject, medical evidence on a case by case basis pursuant to the Trust's discretion contained at TDPs Paragraph 5.1(a), Paragraph 7.1, and otherwise as provided in the Plan Documents.

Certain medical facilities or groups may be from time to time designated by the Trust Presumptively Qualified Medical Providers. Medical diagnoses, diagnostic, evidence, or pathological evidence, from Presumptively Qualified Medical Providers shall be given a presumption of reliability and acceptability by the Trust.

The following Presumptively Qualified Medical Providers are recognized.

1) St. Paul Lung Clinic (formerly Pulmonary and Critical Care Associates);

2) Mayo Clinic;

3) Duluth Clinic (SMDC Health System);

4) Hennepin Faculty Associates, Division of Pulmonary and Critical Care Medicine;

5) James Flink, MD, Allina Medical Clinic.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


September 22, 2008

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API, Inc. Asbestos Settlement Trust Indirect Claims Handling Procedure

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (the "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

This notice addresses how the Trust will process, and administer, Indirect Claims. Indirect claims are addressed in the Plan, and the API Trust Distribution Procedures (the "TDPs"). The following sections of the Plan and TDPs address Indirect Claim(s).

1) Plan Paragraph 1.15(a):

   

"Indirect Asbestos Claim" means any Asbestos Claim previously made or that will be made in the future based on a right of contribution, reimbursement, subrogation, or indemnity, including any claim based on workers' compensation paid (as those terms are defined by the non-bankruptcy law of any relevant jurisdiction) and any other derivative or indirect Claim of any kind whatsoever, whether in the nature of or sounding in contract, tort, warranty or any other theory of law, equity or admiralty, arising out of or related to an Asbestos Claim The holder of an Indirect Asbestos Claim shall be referred to as an "Indirect Asbestos Claimant."

2) Plan Paragraph 3.5 (last paragraph at p.19):

   

The claims of Indirect Asbestos Claimants will not participate in the distribution of any Trust Assets that are proceeds derived from Asbestos Insurance Action

Recoveries except to the extent that the claim of an Indirect Asbestos Claimant was insured against by the Asbestos Insurance Policy, and then only to the extent of its pro rata share of the proceeds derived from such Policy. The claims of Indirect Asbestos Claimants will be allowable against the Trust and payable pari passu with Direct Asbestos Claims from assets which are not derived from proceeds of Asbestos Insurance Action Recoveries (after the payment of and reserve for Trust Expenses) only if such Indirect Asbestos Claim would be allowable and payable pari passu with Direct Asbestos Claimants under the provisions of the Bankruptcy Code, including sections 502(e) and 509; otherwise, the payment of Indirect Claims shall be subordinate to the payment of Direct Asbestos Claims.

3) Plan Paragraph 5.4(c):

   

All proceeds arising from or under any Asbestos Insurance Policy as a result of an obligation to indemnify API or the Trust on account of any Asbestos Claims, including, without limitation, as a result of the Coverage Litigation or actions by individual holders of Asbestos Claims, shall be recovered and held for the benefit of (I) all holders of Direct Asbestos Claims, and (ii) those holders of Indirect Asbestos Claims, if any, whose claims are insured against under the terms of an Asbestos Insurance Policy, but only to the extent of their pro rata share of the proceeds derived from such Policy. To the extent such proceeds of an Asbestos Insurance Policy are collected by API, as debtor in possession, such proceeds shall be paid to the Trust on the Effective Date; provided, however, that from such proceeds, amounts owed to either API or Faricy & Roen, P.A. will be paid to each in accordance with the terms of the Retainer Agreement between Faricy & Roen, P.A. Any amounts remaining thereafter will become Trust Assets available for use by the Trustee in accordance with the terms of this Plan, the Trust Agreement and the TDP, including the payment of Trust Expenses to the extent assets that are not the proceeds of Asbestos Insurance Polices are insufficient to pay such Trust Expenses.

4) TDPs Paragraph 2.4(d):

   

There is inherent uncertainty regarding API's total liabilities to holders of Asbestos Claims as well as the total value of the Trust Assets available to pay Asbestos Claims Consequently, there is inherent uncertainty as to whether similar amounts can be paid in respect of all similar Current and Non-Current Direct Asbestos Claims. Accordingly, subject to the terms of Section II of the TOP, the Trustee has the power with the consent of the Trust Advisor and the Legal Representative pursuant to section 3.1 herein, to alter the Payment Sum Percentage, the timing, method, and sequencing of payments to holders of Asbestos Claims, the Disease Categories and the Categorization Criteria, as well as the power to increase or decrease the Allowed Liquidated Value for any Disease Category, In order to exercise these powers, the Trustee will need to make determinations and predictions about the amount and timing of the receipt of Trust Assets, as well as determinations and predictions about the amount and timing of payment, and cost of processing Asbestos Claims The determination of the Payment Sum Percentage shall be based, on the one hand, upon estimates of the number, types, and amounts of current and expected future Asbestos Claims and, on the other hand, on the value of the Trust Assets, the liquidity of those assets, the Trust's expected future expenses and income, as well as other material matters that are reasonable and likely to affect the sufficiency of funds to pay a comparable percentage of full value to all holders of Asbestos Claims When making these determinations, the Trustee shall recognize that both then current and future claimants bear a risk that the determinations will be incorrect, either too low or too high, In making determinations, the Trustee shall not prefer either then current or future claimants by giving either group greater protection from such risks. Rather, the Trustee shall make determinations based on his or her best estimates of total Trust Assets, Asbestos Claims, Trust Expenses and related matters. The Trustee will properly discharge his/her duties in this regard, and be protected from liability, by making reasonable determinations based on the best information available to them from time to time.

5) TDPs Paragraph 5.3:

   

Indirect Asbestos Claims. Indirect Asbestos Claims asserted against the Trust based upon theories of indemnification or contribution shall be disallowed by the Trust unless and until the holder of an Indirect Asbestos Claim establishes to the satisfaction of the Trustee that (a) the Indirect Asbestos Claim would be allowable under Bankruptcy Code section 502(e) and 509 if asserted as a proof of claim in the Reorganization Case, including without limitation that the Indirect Asbestos Claimant has, itself, paid in full the liability and obligations of API Or the Trust to the Direct Asbestos Claimant to whom the Trust would otherwise have had a liability or obligation under the TDP, and (b) the Direct Asbestos Claimant and Indirect Asbestos Claimant have forever released API and the Trust from all liability to the Direct Asbestos Claimant. In no event shall any Indirect Asbestos Claimant have any rights against API or the Trust superior to the rights of the related Direct Asbestos Claimant, including any rights with respect to the timing, amount or manner of payment. The amount of any Indirect Asbestos Claim shall be limited to the amount that would have been estimated for the corresponding Direct Asbestos Claim under this TDP, less any payment made by the Trust on account of such claim. Moreover, the claims of Indirect Asbestos Claimants will not participate in the distribution of any Trust Assets that are proceeds derived from Asbestos Insurance Action Recoveries except to the extent that the claim of the holder of an Indirect Asbestos Claimant was insured against such Direct Asbestos Claim by the Asbestos Insurance Policy, and then only to the extent of its pro rata share of the proceeds derived from such Policy. Otherwise, the claims of Indirect Asbestos Claimants will be allowable against the Trust and payable pari passu with Direct Asbestos Claims from assets that are not derived from proceeds of Asbestos Insurance Action Recoveries (after the payment of and reserve for Trust Expenses); otherwise, the payment of Indirect Claims shall be subordinate to the payment of Direct Asbestos Claims. The Trust shall not pay any Indirect Asbestos Claimant unless and until the Indirect Asbestos Claimant's aggregate liability for the Direct Asbestos Claim has been fixed, liquidated, and paid by the Indirect Asbestos Claimant by settlement (with an appropriate written release in favor of API and the Trust) or pursuant to a Final Order, In any case where the Indirect Asbestos Claimant has satisfied the Direct Asbestos Claim against API or the Trust by way of a settlement, the Indirect Asbestos Claimant shall obtain for the benefit of API and the Trust a written release from such Direct Asbestos Claimant in form and substance satisfactory to the Trustee. The Trustee may develop and approve a separate claim form for Indirect Asbestos Claims.

6) TDPs Paragraph 4.4, 4.4(a):

   

Payment. Except as expressly provided in the TDP, the Trustee shall have complete discretion to determine the timing and the appropriate method for making payments, subject to the requirements and general principles of the TDP, with respect to the processing and ordering of claims for payment.

   

(a) The Trustee shall have complete discretion as to the order and method of processing claims Normally claims shall be processed in the order in which they are received. Additionally, the Trustee may process on an accelerated basis: (a) claims which are in litigation where a trial date or other significant matter is approaching, (b) claims which present exigent circumstances or exceptional hardship on a claimant, or (c) other claims as to which there is reason to believe that the interests of the Trust would be furthered by considering such claim prior to the date on which it would otherwise be considered in the ordinary course and such consideration would be consistent with the general principles set forth in Section 24 hereof

Pursuant to these provisions, effective immediately, the Trust will accept Indirect Claims, and will either approve, or deny such Indirect Claims, under the Trust's normal Claims handling procedures. Proper submission of an Indirect Claim will serve to toll any applicable statutes of limitations as to that Indirect Claim. However, the Trust will make no payment on any approved Indirect Claim until such time as all pending Direct Claims have been paid to the full amount of such Direct Claims' respective Allowed Minnesota Liquidated Value, or allowed North Dakota Liquidated Value, as the case may be, pursuant to Paragraph 5.1(c) of the TDPs. Following that time, should Trust assets allow payment of Indirect Claims, approved Indirect Claims may be paid pursuant to the then applicable Payment Sum Percentage, from those Trust assets available for funding of Indirect Claims pursuant to the above provisions.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


April 22, 2008

Pursuant to the Plan Documents, the Trustee has filed the Annual Report for 2007. Click here to see the report.


April 17, 2008

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Supplemental Distribution

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise that the Trust has authorized a Supplemental Distribution, pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), in order to bring all prior approved Claims to a payment level equivalent to the current Payment Sum Percentage of the Allowed Liquidated Value of  fifty percent (50%) for all approved Claims.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


April 15, 2008

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Claims Payment Sum Percentage

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

This notice follows my Initial Notice to All Counsel Representing Asbestos Claimants with Claims against API, Inc, dated May 14, 2007, and follow up Notice dated September 6, 2007. As described therein, the Trust has been accepting Claims following its Effective Date.

The purpose of this notice is to advise as to the Trust's current position on payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in my Notice of May 14, 2007.

Pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), the Payment Sum Percentage of the Allowed Liquidated Value of approved Claims has been set by the Trust at fifty percent (50%). This Payment Sum Percentage shall apply to all approved Claims submitted during calendar year 2008.

At this time, the Trust is in a position to make enhanced payments for Claims in any of the following three (3) Claims categories:  1) Extraordinary Claims (TDP, Paragraph 5.1(g)); 2) Exigent Health Claims (TDP, Paragraph 5.1(l)); and 3) Extreme Hardship Claims (TDP, Paragraph 5.1(l)). Eligible Claims approved in any of these three (3) Claims categories will be eligible for an enhanced payment applicable to such Claim category at such time as the Claim is approved by the Trustee, in an amount determined by the Trustee.

Pursuant to TDP, Paragraph 4.4 (b), the Trustee reserves the right to make modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


March 10, 2008

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Supplemental Distribution

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

The purpose of this notice is to advise that the Trust has authorized a Supplemental Distribution, pursuant to Paragraph 4.3 of the API Trust Distribution Procedures ("TDPs"), in order to bring all prior approved Claims to a payment level equivalent to the current Payment Sum Percentage of the Allowed Liquidated Value of 33.96% for all approved Claims.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


September 6, 2007

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: Payment of Approved Claims

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

This notice follows my Initial Notice to All Counsel Representing Asbestos Claimants with Claims against API, Inc, dated May 14, 2007. As described therein, the Trust has been accepting Claims following its Effective Date.

The purpose of this notice is to advise as to the Trust's current position on payment of approved Claims to the Trust. Claims should continue to be submitted to the Trust as described in my Notice of May 14, 2007.

Based upon the current financial condition of the Trust, the Trust will not be making further payments on approved claims through calendar year 2007, with the exception of approved Extraordinary Claims, as defined at sec. 5.1(g) of the TDP, approved Exigent Health Claims, and approved Extreme Hardship Claims, both as defined at sec. 5.1 (l) of the TDP. Any approved Exigent Health Claims, Extreme Health Claims, and Extreme Hardship Claims, will be eligible for a partial payment of 13.46 percent (13.46 %) of the approved Allowed Liquidated Value of the Claim's Disease Category, as described at sec. 5.1(c) of the TDP. Those payments will continue to be made as eligible claims are submitted, and approved, by the Trust.

At this time, the Trust is not in a position to make enhanced payments for Claims in any of these three (3) Claims categories, but eligible Claims approved in any of these three (3) Claims categories will be eligible for any enhanced payment applicable to such Claim category at such time as that becomes available.

This decision has been made pursuant to the Trustee's exclusive power to modify timing of payments, described at sec. 4.4 (b) of the TDP.

Pursuant to that section, the Trustee reserves the right to make further modifications in the timing of payments as may be necessary.

This notice is not intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.


May 14, 2007

TO: All Claimants and Counsel Representing Asbestos Claimants with Claims against API, Inc., its related entities as defined more fully in the Plan, The API Inc. Asbestos Settlement Trust ("Trust"), and protected Settling Insurers as defined more fully in the Plan
FROM: Robert D. Brownson, Trustee, API Inc. Asbestos Settlement Trust
RE: API Inc. Asbestos Settlement Trust Claims Materials

The undersigned has been appointed Trustee of the API Inc. Asbestos Settlement Trust (the "Trust"), pursuant to the Order of Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, dated December 6, 2005 (the "Order"). That Order, titled, "Order Confirming Third Amended Plan Of Reorganization of A.P.I. Inc. (November 21, 2005) As Amended At Confirmation," confirmed the Plan of Reorganization of API, Inc. (The "Plan"), in its Chapter 11 bankruptcy case, filed on January 6, 2005.

All asbestos-related cases and claims against API, Inc, and its related entities (the "Claims") were stayed by the filing of its Chapter 11 bankruptcy case. Upon confirmation of its Plan of Reorganization, the Court provided that, upon the Plan's Effective date, the Trust would be established in accordance with the Plan Documents. (Order at Paragraph A4, B13-18). The Plan provides that, upon the Effective Date, all Claims, as defined in the Plan, against API, Inc. and its related entities, as defined in the Plan ("API"), shall be automatically and without further act or deed assumed by and channeled to the Trust. (Plan Paragraph 3.5). In short, upon the Plan's Effective Date, the Trust assumes the exclusive liability for all Claims against API, and provides the sole and exclusive source for processing, and payment, of such Claims.

The Effective Date of the Plan was February 2, 2007.

Submission, processing, and payment of Claims by the Trust under the Plan is governed by the API Trust Distribution Procedures (dated November 21, 2005) (the "TDP"). (TDP Paragraph 2.1 et seq.). These Claims Materials are being mailed to you in accordance with the TDP. (TDP Paragraph 6.1). To submit a Claim it is necessary to utilize the API Claim Form. The Claim Form, and Claim Form Instructions, for its use, are included in the enclosed Claims Materials.

To submit a Claim to the Trust, please completely fill out a Claim Form in accordance with the Instructions, and submit it in the required manner to the Trust. Upon receipt of a Claim Form, the Trustee will make a determination of the validity, and type, of the Claim under the TDP, and will advise you in writing of that determination, all as required by the TDP. In some instances, further information may be requested by the Trustee.

If a Claim is approved, it will be eligible for payment from the Trust. The amount, timing, and order of payment is governed by the TDP, and discretion of the Trustee, as provided in the TDP, and will be conditioned upon completion, and submission, of Release(s) as required by the Trustee.

Please be advised that the Trust's funding mechanism will not allow full payment of all claims in their entirety upon submission. Partial payments will be made as Trust assets allow, in the discretion of the Trustee. A DETERMINATION BY THE TRUSTEE THAT A CLAIM IS APPROVED DOES NOT REQUIRE THE TRUSTEE TO MAKE PAYMENT ON THE CLAIM. The amount, and timing of payment of approved Claims is a determination by the Trustee separate from approval of any particular Claim(s). The Trustee's decisions on these matters are made to provide that all holders of similar approved Claims, present, and in the future, are treated in a substantial equivalent manner. (Order Paragraph B14), (TDP Paragraph 2.2), 11 U.S.C. Paragraph 524(g).

The TDP provides procedures for disputing the Trustee's determination as to a Claim, (TDP Paragraph 5.1(I)), arbitration, (TDP Paragraph 5.2(a)), and litigation. (TDP Paragraph 5.2(b), (c)).

Any Claim is governed by the applicable statutes of limitations and/or statutes of repose, under Minnesota law, North Dakota law, or other law, as the case may be, subject to a tolling period commencing on January 6, 2005, all as described in the TDP. (TDP Paragraph 5.1 (n), (o)).

Any claimant who contends he (she) suffers from an asbestos-related disease, caused in whole or in part, by exposure to API-supplied asbestos-containing products, or from API operations, including those who may have had a lawsuit pending, and stayed, against API, at the inception of its Chapter 11 bankruptcy case, is eligible to submit a Claim. The Trustee's determination, with respect to any Claim submitted, will be made in accordance with the Order, the Plan, the TDP, and other Plan documents, as may apply.

Neither this notice, nor any of the matters contained in the enclosed Claims Materials, is intended, nor should be construed, as legal advice from the Trustee, or the Trust, to claimants, claimants' counsel, or others.