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.-successors,assign and any and all entities who may purport to claim by,through, for or because of them,
<br /> shall forever release,waive and discharge all Liabilities that they have,had or may have against any Released
<br /> Party efc@pt''Qiil respect to obligations arising under the Plan,the Global Settlement and the B-2 Backstop
<br /> Commitment Letter;provided,however,that the foregoing provisions shall not affect the liability of any
<br /> Released Party that otherwise would result from any act or omission to the extent that act or omission
<br /> subsequently is determined in a Final Order to have constituted gross negligence or willful misconduct.
<br /> b. General Releases by Holders of Claims or Interests. Without limiting any
<br /> other applicable provisions of,or releases contained in,the Plan,as of the Effective Date,in consideration for
<br /> the obligations of the Debtors and the Reorganized Debtors under the Plan and the consideration and other
<br /> contracts,instruments,releases,agreements or documents to be entered into or delivered in connection with
<br /> the Plan,each holder of a Claim that votes in favor of the Plan(solely with respect to the Claim(s)that such
<br /> holder voted in favor of the Plan),to the fullest extent permissible under law,will be deemed to forever
<br /> release,waive and discharge all Liabilities in any way relating to a Debtor,the Chapter 11 Cases,the Estates,
<br /> the Plan,the Confirmation Exhibits or the Disclosure Statement that such entity has,had or may have against
<br /> any Released Party(which release will be in addition to the discharge of Claims and termination of Interests
<br /> provided in the Plan and under the Confirmation Order and the Bankruptcy Code). Notwithstanding the
<br /> foregoing and except with respect to Derivative Claims and holders of Claims that vote in favor of the Plan
<br /> (solely with respect to the Claim(s)that such holder voted in favor of the Plan),nothing in the Plan shall
<br /> release the claims asserted,or to be asserted,solely on account of alleged conduct occurring prior to the
<br /> Petition Date,against any non-Debtor defendant in the Securities Litigation. In addition,nothing in the Plan
<br /> shall be deemed to release any applicable Debtor or Reorganized Debtor from any Liability arising from or
<br /> related to Asbestos Personal Injury Claims.
<br /> C. Release of Released Parties by Other Released Parties. From and after the
<br /> Effective Date,except with respect to obligations arising under the Plan,the Global Settlement,the Union Fee
<br /> Order and the B-2 Backstop Commitment Letter,to the fullest extent permitted by applicable law,the
<br /> Released Parties shall release each other from any and all Liabilities that any Released Party is entitled to
<br /> assert against any other Released Party in any way—relating—to any Debtori-the Chapter l 1 Cases,the Estates,
<br /> the formulation,preparation,negotiation,dissemination,implementation,administration,confirmation or
<br /> consummation of any of the Plan (or the property to be distributed under the Plan),the Confirmation Exhibits,
<br /> the Disclosure Statement,any contract,employee pension or other benefit plan,instrument,release or other
<br /> agreement or document related to any Debtor,the Chapter I I Cases or the Estates created,modified,
<br /> amended,terminated or entered into in connection with either the Plan or any agreement between the Debtors
<br /> and any Released Party or any other act taken or omitted to be taken in connection with the Debtors'
<br /> bankruptcy;provided,however, that the foregoing provisions shall not affect the liability of any Released
<br /> Party that otherwise would result from any act or omission to the extent that act or omission is determined in
<br /> a Final Order to have constituted gross negligence or willful misconduct.
<br /> 4. Injunctions. On the Effective Date,except as otherwise provided in the Plan or in
<br /> the Confirmation Order,
<br /> a. all entities and Persons that have been,are or may be holders of Claims
<br /> against or Interests in a Debtor are enjoined from taking any of the following actions against or affecting a
<br /> Debtor,its Estate,its Assets, any direct or indirect successor in interest to a Debtor or any assets or property
<br /> of such successor with respect to such Claims or Interests(other than actions brought to enforce any rights or
<br /> obligations under the Plan): (i)commencing,conducting or continuing in any manner,directly or indirectly,
<br /> any suit,action or other proceeding of any kind; (ii)enforcing,levying, attaching,collecting or otherwise
<br /> recovering by any manner or means,directly or indirectly,any judgment,award,decree or order;
<br /> (iii)creating,perfecting or otherwise enforcing in any manner,directly or indirectly,any lien(other than as
<br /> contemplated by the Plan);(iv)asserting any setoff,right of subrogation or recoupment of any kind,directly
<br /> or indirectly,against any obligation due to any Debtor,its Estate,its Assets,any direct or indirect successor in
<br /> interest to a Debtor or any assets or property of such successor;and(v)proceeding in any manner in any
<br /> place whatsoever that does not conform to or comply with the provisions of the Plan or the settlements set
<br /> forth therein(including;without limitation,the Settlements).
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