"Any monies found to be due to [defendant] or [plaintiff] pursuant to the US Agreement are to be paid by Prestige and/or Decana (as the case may be) and/or by either [defendant] or [plaintiff] (if either of them have received in excess of 50% of the US income) to the Trustee to be held in trust for [plaintiff] and/or [defendant] (as the case may be) pursuant to Clause 15.1 (ii) hereof."
(NYSCEF 13, London Agreement, ¶ 4.3). Clause 15.1 of the London Agreement states in pertinent part the following: "[T]he Trustee will collect from all sources available all monies payable to either [defendant] or [plaintiff] including monies payable to [plaintiff] pursuant to the US Agreement as per clause 4.3 hereof and will place same into a client account in accordance with the provisions of the [Trustee Letter]" (id., ¶ 15.1). The Trustee Letter provides:
"You [the Trustee] shall use all reasonable efforts to procure collection from all sources available of all monies payable to either [defendant] or [plaintiff] pursuant to the US Agreement and the London Agreement and will place same into a client account (the "Trust Account") which shall be maintained for the purpose, on the terms and subject to the conditions of this Agreement and the London Agreement. The Trust Account and funds therein shall not be encumbered or subject to lien or attachment by any party or any creditor of any party hereto and shall be used solely for the purposes set forth in the London Agreement."
(NYSCEF 15, Trustee Letter, ¶ 12). These provisions clearly require the Trustee to collect any monies owed pursuant to the US Agreement and use reasonable efforts to procure collection. This raises the issue of whether plaintiff has standing to bring this enforcement action or whether payment must be enforced by the Trustee, who is designated to collect such payment.