|
K. Enforce all orders,judgments. injunctions, releases.exculpations, indemnifications and rulings entered in
<br /> connection with the Chapter 11 Case;
<br /> L. Recover al I assets of the Debtors and property of the Debtors'Estates, wherever located;
<br /> M. Hear and determine matters concerning state. local,and federal taxes in accordance with sections 346.505. and
<br /> 1146 of the Bankruptcy Code;
<br /> N. To hear and determine all disputes or other matters arising in connection with the interpretation. implementation or
<br /> enforcement of the Cookie Business Sale and the 363 Order;
<br /> O. Hear and determine all matters related to(a)the property of the Estate(s) from and after the Confirmation Date,(b)
<br /> the winding up of the Debtors'affairs,and (c)the activities of Reorganized SFAC and the Disbursing Agent,including(i)
<br /> challenges to or approvals of Reorganized SFAC's or the Disbursing Agent's activities, (ii)resignation. incapacity or removal
<br /> of the Disbursing Agent and selection of a successor Disbursing Agent.(iii)reporting by, termination of,and accounting by
<br /> Reorganized SFAC and the Disbursing Agent. and(iv)release of the Disbursing Agent from its duties;
<br /> P. Hear and determine such other matters as may be provided in the Confirmation Order or as may be authorized
<br /> under,or not inconsistent with,provisions of the Bankruptcy Code; and
<br /> Q. Enter a final decree closing the Chapter 11 Case.
<br /> ARTICLE XII.
<br /> EFFECTS OF CONFIRMATION
<br /> A. Binding Effect
<br /> The Plan shall be binding upon and inure to the benefit of the Debtors,all present and former holders of Claims and
<br /> Interests,and their respective successors and assigns.
<br /> B. Waiver Of Claims; Covenant Not To Sue
<br /> The distributions provided for in this Plan are in full satisfaction and payment of all Claims against and Interests in the
<br /> Estates. Effective as of the Confirmation Date,but subject to the occurrence of the Effective Date,and except as otherwise
<br /> provided in this Plan or the Confirmation Order,(i) ail Persons who have held, hold,or may hold Claims against or Interests
<br /> in the Debtors shall be deemed to have forever waived and covenanted with each of the Estates(the"Limited Releasees") and
<br /> (ii) the Debtors shall be deemed to have forever waived and covenanted with each of the Estates and the officers and directors
<br /> of each of the Debtors(collectively,the "Released Parties"),to waive and not to(a) sue,or otherwise seek any recovery from
<br /> the Limited Releasees or the Released Parties(as applicable)or their property, whether for tort, fraud,contract, violations of
<br /> federal or state securities laws,or otherwise, based upon any act or occurrence or failure to act taken or occurring before the
<br /> Effective Date arising out of the business or affairs of the Debtors or(b)assert against any of the Limited Releasees or the
<br /> Released Parties(as applicable)or their property any Claim.obligation, right,cause of action or liability which any such
<br /> holder of a Claim against or Interest in the Debtors may be entitled to assert, whether known or unknown,foreseen or
<br /> unforeseen,existing or hereafter arising,based in whole or in part upon any act or omission,transaction,or occurrence taking
<br /> place on or before the Effective Date in any way relating to the Debtors, the Chapter I 1 Case,or this Plan. "Officers and
<br /> directors of each of the Debtors" shall mean officers and directors who have served in such capacities during the Chapter 11
<br /> Case or in the year prior to such Chapter 11 Case.
<br /> C. Exculpation And Limitation Of Liability
<br /> Neither the Debtors,the Creditors'Committee, the Claims Resolution Committee, the Debtors'Representative nor any of
<br /> their respective present or former members,officers,directors,employees,advisors,attorneys,or agents,shall have or incur
<br /> any liability to any holder of a Claim or an Interest, or any other parry in interest,or any of their respective agents,employees.
<br /> representatives,financial advisors,attorneys,or affiliates,or any of their successors or assigns,for any act or omission in
<br /> PLAN-25
<br />
|