Inquiries Regarding the Effect of Statutes of Limitations Upon Claims to the Trust - 12/27/2007 The applicability and effect of a statute of limitation upon a claim made to the Trust depends upon whether the claim was filed against USG within the tort system prior to June 25, 2001, the date that USG filed its petition for protection under the Bankruptcy Code (the “Petition Date”).Claims filed against USG prior to the Petition Date are not affected by the bankruptcy and are therefore subject to the applicable federal, state and foreign statute of limitation and repose that was in effect at the time the claim was filed within the tort system.
Any claim not filed against USG within the tort system prior to the Petition Date is subject to the applicable federal, state or foreign statute of limitation and repose that was in effect at the time the claim was filed with the Trust.However, the statute of limitations is tolled by the earliest of any one of the following events:
·The actual filing of the claim against USG prior to the Petition Date, whether in the tort system or by submission of the claim to USG pursuant to an administrative settlement agreement;
·The tolling of the claim against USG prior to the Petition Date by an agreement or otherwise, provided such tolling is still in effect on the Petition Date; or
·The Petition Date.
If the statute of limitations is tolled for any of the reasons listed and the claim was not barred by any applicable federal, state or foreign statute of limitation at the time of the tolling event, the claim shall be treated as timely filed if it is actually filed with the Trust by August 19, 2010.
In addition, any claims that were first diagnosed after the Petition Date, irrespective of the application of any revelant federal, state or foreign statute of limitation or repose, may be filed with the Trust within three years after the date of diagnosis or by August 19, 2010, whichever occurs later.