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b. All Persons that have held,currently hold or may hold any Liabilities <br /> released or exculpated pursuant to Sections IV.E.6 and N.E.7 of the Plan,respectively,are permanently <br /> enjoined from taking any of the following actions against any Released Party or its property on account of <br /> such released Liabilities: (i)commencing,conducting or continuing in any manner,directly or indirectly,any <br /> 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;(iv)except as <br /> provided in the Plan,asserting any setoff,right of subrogation or recoupment of any kind,directly or <br /> indirectly,against any obligation due a Released Party;and(v)commencing or continuing any action,in any <br /> manner,in any place that does not comply with or is inconsistent with the provisions of the Plan. <br /> C. Except with respect to Derivative Claims and holders of Claims that vote in <br /> favor of the Plan(solely with respect to the Claim(s)that such holder voted in favor of the Plan),nothing in <br /> the Confirmation Order or in the Plan shall enjoin the prosecution of the claims asserted,or to be asserted, <br /> solely on account of alleged conduct occurring prior to the Petition Date,against any non-Debtor defendant in <br /> the Securities Litigation. In addition,nothing in the Confirmation Order or in the Plan shall prevent the <br /> holders of Asbestos Personal Injury Claims from exercising their rights against any applicable Debtor or <br /> Reorganized Debtor or its Estate or Assets with respect to their Asbestos Personal Injury Claims. With <br /> respect to Asbestos Personal Injury Claims,the automatic stay imposed by section 362 of the Bankruptcy <br /> Code is terminated as of the Effective Date,and,pursuant to section 108(c)of the Bankruptcy Code,the <br /> Applicable statute of limitations with respect to any such Claim that did not expire prior to the Petition Date <br /> will cease to be tolled as of the Effective Date. <br /> 5. Termination of Certain Subordination Rights and Settlement of Related Claims <br /> and Controversies. <br /> a. The classification and manner of satisfying all Claims and Interests under <br /> the Plan take into consideration all subordination rights,whether arising under general principles of equitable <br /> subordination, contract, section 510(c)of the Bankruptcy Code or.otherwise;.that a holder of a Claim or <br /> Interest may have against other Claim or Iriterest holders with respect to any distribution made pursuant to the <br /> Plan. Except as provided in Section IV.E.8.c of the Plan,all subordination rights that a holder of a Claim may <br /> have with respect to any distribution to be made pursuant to the Plan are discharged and terminated,and all <br /> actions related to the enforcement of such subordination rights are permanently enjoined. Accordingly, <br /> distributions pursuant to the Plan to holders of Allowed Claims are not subject to payment to a beneficiary of <br /> such terminated subordination rights or to levy,garnishment, attachment or other legal process by a <br /> beneficiary of such terminated subordination rights. <br /> b. Pursuant to Bankruptcy Rule 9019 and in consideration for the distributions <br /> and other benefits provided under the Plan,the provisions of the Plan constitute a good faith compromise and <br /> settlement of all claims or controversies relating to the subordination rights that a holder of a Claire may have <br /> with respect to any Allowed Claim or any distribution to be made pursuant to the Plan on account of any <br /> Allowed Claim,except as provided in Section W.E.8.c of the Plan. The Confirmation Order constitutes the <br /> Bankruptcy Court's approval,as of the Effective Date,of the compromise or settlement of all such claims or <br /> controversies and the Bankruptcy Court's finding that such compromise or settlement is in the best interests of <br /> the Debtors,the Reorganized Debtors and their respective property and Claim and Interest holders and is fair, <br /> equitable and reasonable. <br /> -3- <br />