Laserfiche WebLink
c. Except with respect to Derivative Claims and holders of Claims that vote in favor of the Plan(solely with <br /> respect to the Claim(s)that such holder voted in favor of the Plan),nothing in the Confirmation Order or in the Plan shall <br /> enjoin the prosecution of 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 Confirmation Order <br /> or in the Plan shall prevent the holders of Asbestos Personal Injury Claims from exercising their rights against any applicable <br /> Debtor or Reorganized Debtor or its Estate or Assets with respect to their Asbestos Personal Injury Claims. With respect to <br /> Asbestos Personal Injury Claims,the automatic stay imposed by section 362 of the Bankruptcy Code is terminated as of the <br /> Effective Date,and,pursuant to section 108(c)of the Bankruptcy Code,the applicable statute of limitations with respect to <br /> any such Claim that did not expire prior to the Petition Date will cease to be tolled as of the Effective Date. <br /> 5. Termination of Certain Subordination Rights and Settlement of Related Claims and Controversies. <br /> a. The classification and manner of satisfying all Claims and Interests under the Plan take into consideration <br /> all subordination rights,whether arising under general principles of equitable subordination,contract,section 510(c)of the <br /> Bankruptcy Code or otherwise,that a holder of a Claim or Interest may have against other Claim or Interest holders with <br /> respect to any distribution made pursuant to the Plan. Except as provided in Section IV.E.8.c of the Plan,all subordination <br /> rights that a holder of a Claim may have with respect to any distribution to be made pursuant to the Plan shall be discharged <br /> and terminated,and all actions related to the enforcement of such subordination rights shall be permanently enjoined. <br /> Accordingly,distributions pursuant to the Plan to holders of Allowed Claims shall not be subject to payment to a beneficiary <br /> of such terminated subordination rights or to levy,garnishment,attachment or other legal process by a beneficiary of such <br /> terminated subordination rights. <br /> In. Pursuant to Bankruptcy Rule 9019 and in consideration for the distributions and other benefits provided <br /> under the Plan,the provisions of the Plan shall constitute a good faith compromise and settlement of all claims or <br /> controversies relating to the subordination rights that a holder of a Claim may have with respect to any Allowed Claim or any <br /> distribution to be made pursuant to the Plan on account of any Allowed Claim,except as provided in Section IV.E.8.c of the <br /> Plan. The Confirmation Order constitutes the Bankruptcy Court's approval,as of the Effective Date,of the compromise or <br /> settlement of all such claims or controversies and the Bankruptcy Court's finding that such compromise or settlement is in the <br /> best interests of the Debtors,the Reorganized Debtors and their respective property and Claim and Interest holders and is fair, <br /> equitable and reasonable. <br /> 6. Bar Dates. <br /> a. Except as otherwise provided in Section II.A.l.i.ii of the Plan or in a Bar Date Order or other order of the <br /> Bankruptcy Court,unless previously Filed,requests for payment of Administrative Claims must be Filed and served on the <br /> Notice Parties'pursuant to the procedures specified in the Confirmation Order no later than 30 days after the Effective Date. <br /> Holders of Administrative Claims that are required to File and serve a request for payment of such Administrative Claims <br /> and that do not File and serve such a request by the applicable Bar Date shall be forever barred from asserting such <br /> Administrative Claims against the Debtors,the Reorganized Debtors or their respective property,and such Administrative <br /> Claims shall be deemed discharged as of the Effective Date. Objections to such requests must be Filed and served on the <br /> Notice Parties and the requesting party by the latest of(i) 150 days after the Effective Date,(ii)60 days after the Filing of the <br /> applicable request for payment of Administrative Claims or(iii)such other period of limitation as may be specifically fixed <br /> by a Final Order for objecting to such Administrative Claims. The Plan does not modify any Bar Date Order already in <br /> place,including Bar Dates for Claims entitled to administrative priority under section 503(b)(9)of the Bankruptcy Code. <br /> In. Professionals or other entities asserting a Fee Claim for services rendered before the Effective Date must <br /> File and serve on the Notice Parties and such other entities who are designated by the Bankruptcy Rules,the Fee Order,the <br /> Confirmation Order or other order of the Bankruptcy Court an application for final allowance of such Fee Claim no later than <br /> 60 days after the Effective Date;provided,however,that any professional who may receive compensation or reimbursement <br /> of expenses pursuant to the Ordinary Course Professionals Order may continue to receive such compensation and <br /> reimbursement of expenses for services rendered before the Effective Date pursuant to the Ordinary Course Professionals <br /> Order without further Bankruptcy Court review or approval(except as provided in the Ordinary Course Professionals Order). <br /> t 'Notice Parties"means(a)prior to the Effective Date,the Debtors,the Creditors'Committee,Centerbridge and <br /> the Unions;and(b)on or after the Effective Date,the Reorganized Debtors,Centerbridge and the Unions. <br /> -3 - <br />