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Released Party that otherwise would result from any act or omission to the extent that act or omission subsequently is
<br /> 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 other applicable provisions of,or
<br /> releases contained in,the Plan,as of the Effective Date,in consideration for the obligations of the Debtors and the
<br /> Reorganized Debtors under the Plan and the consideration and other contracts,instruments,releases,agreements or
<br /> documents to be entered into or delivered in connection with the Plan,each holder of a Claim that votes in favor of the Plan
<br /> (solely with respect to the Claim(s)that such holder voted in favor of the Plan)to the fullest extent permissible under law,
<br /> will be deemed to forever release,waive and discharge all Liabilities in any way relating to a Debtor,the Chapter 11 Cases,
<br /> the Estates,the Plan,the Confirmation Exhibits or the Disclosure Statement that such entity has,had or may have against any
<br /> Released Party(which release will be in addition to the discharge of Claims and termination of Interests provided in the Plan
<br /> and under the Confirmation Order and the Bankruptcy Code). Notwithstanding the foregoing and except with respect to
<br /> Derivative Claims and holders of Claims that vote in favor of the Plan(solely with respect to the Claim(s)that such holder
<br /> voted in favor of the Plan),nothing in the Plan shall release the claims asserted,or to be asserted,solely on account of alleged
<br /> conduct occurring prior to the Petition Date,against any non-Debtor defendant in the Securities Litigation. In addition,
<br /> nothing in the Plan shall be deemed to release any applicable Debtor or Reorganized Debtor from any Liability arising from
<br /> or related to Asbestos Personal Injury Claims.
<br /> c. Release of Released Parties by Other Released Parties. From and after the Effective Date,except with
<br /> respect to obligations arising under the Plan,the Global Settlement,the Union Fee Order and the B-2 Backstop Commitment
<br /> Letter,to the fullest extent permitted by applicable law,the Released Parties shall release each other from any and all
<br /> Liabilities that any Released Party is entitled to assert against any other Released Party in any way relating to any Debtor,the
<br /> Chapter 11 Cases,the Estates,the formulation,preparation,negotiation,dissemination,implementation,administration,
<br /> confirmation or consummation of any of the Plan(or the property to be distributed under the Plan),the Confirmation
<br /> Exhibits,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,amended,terminated or
<br /> entered into in connection with either the Plan or any agreement between the Debtors and any Released Party or any other act
<br /> taken or omitted to be taken in connection with the Debtors'bankruptcy;provided,however,that the foregoing provisions
<br /> shall not affect the liability of any Released Party that otherwise would result from any act or omission to the extent that act
<br /> or omission is determined in 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 the Confirmation Order,
<br /> a. all entities and Persons that have been,are or may be holders of Claims against or Interests in a Debtor are
<br /> enjoined from taking any of the following actions against or affecting a Debtor,its Estate,its Assets,any direct or indirect
<br /> successor in interest to a Debtor or any assets or property of such successor with respect to such Claims or Interests(other
<br /> than actions brought to enforce any rights or obligations under the Plan): (i)commencing,conducting or continuing in any
<br /> manner,directly or indirectly,any suit,action or other proceeding of any kind;(ii)enforcing,levying,attaching,collecting or
<br /> otherwise recovering by any manner or means,directly or indirectly,any judgment,award,decree or order;(iii)creating,
<br /> perfecting or otherwise enforcing in any manner,directly or indirectly,any lien(other than as contemplated by the Plan);(iv)
<br /> asserting any setoff,right of subrogation or recoupment of any kind,directly or indirectly,against any obligation due to any
<br /> Debtor,its Estate,its Assets,any direct or indirect successor in interest to a Debtor or any assets or property of such
<br /> successor;and(v)proceeding in any manner in any place whatsoever that does not conform to or comply with the provisions
<br /> of the Plan or the settlements set forth therein(including,without limitation,the Settlements).
<br /> b. All Persons that have held,currently hold or may hold any Liabilities released or exculpated pursuant to
<br /> Sections IV.E.6 and IV.E.7 of the Plan,respectively,are permanently enjoined from taking any of the following actions
<br /> against any Released Party or its property on account of such released Liabilities: (i)commencing,conducting or continuing
<br /> in any manner,directly or indirectly,any suit,action or other proceeding of any kind;(ii)enforcing,levying,attaching,
<br /> collecting or otherwise recovering by any manner or means,directly or indirectly,any judgment,award,decree or order;(iii)
<br /> creating,perfecting or otherwise enforcing in any manner,directly or indirectly,any lien;(iv)except as provided in the Plan,
<br /> asserting any setoff,right of subrogation or recoupment of any kind,directly or indirectly,against any obligation due a
<br /> Released Party;and(v)commencing or continuing any action,in any manner,in any place that does not comply with or is
<br /> inconsistent with the provisions of the Plan.
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