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Re: hotmeat post# 432931

Wednesday, 08/19/2015 7:22:42 AM

Wednesday, August 19, 2015 7:22:42 AM

Post# of 726846
The RELEASED CLAIMS LANGUAGE - Parsed...

...in three (3) clear components.

...comments on applicability in blue.


Section 1.183/1.184 Released Parties / Claims GSA.

"provided, however, that “Released Claims” does not include

COMPONENT 1



(1) any and all claims that the JPMC Entities, the Receivership, the FDIC Receiver and the FDIC Corporate are entitled to assert against each other or any other defenses thereto pursuant to the Purchase and Assumption Agreement, which claims and defenses shall continue to be governed by the Purchase and Assumption Agreement,

FIRST- The "Parties in Interest" to this paragraph are FOUR ENTITIES (4):

1. JPMC Entities.

2. the RECEIVERSHIP (this is important, the "receivership" is not the FDIC; rather, it is an entity statutorily and by regulation created by the seizure by an agency ("OTS") that is managed to resolution).

3. FDIC- Receiver (this is important, the "receivership in (2) is not the FDIC-R; which is the regulatory, non-guarantor FDIC identity for managing seizures, into "in receivership's (2) to resolution. NOTE: THE "RECEIVERSHIP IN (2) IS SEPARATE FROM THE FDIC-R IN (3).

4. FDIC - Corporate

SECOND - The "Actions" and the "Subject Contract" as defined:

1. The ACTIONS are limited to those "Parties in Interest" (per the FIRST above) AGAINST EACH OTHER. NOTE: These are the ONLY PARTIES IN INTEREST; WMI/WMIIC or the WMILT or WMIH ARE NOT PARTIES IN INTEREST.

2. The ACTIONS are limited to those pursuant to the Purchase and Assumption Agreement. NOTE: These are the ONLY ACTIONS that can be taken.



COMPONEnT 2

(2) any and all claims held by Entities against WMB, the Receivership and the FDIC Receiver solely with respect to the Receivership,

FIRST - Any and all claims against:

1. WMB

2. the RECEIVERSHIP (a separate entity per above)

3. the FDIC-Receiver "solely with respect to the "Receivership"" NOTE: the 'role of managing the receivership to resolution.


COMPONENT 3

(3) subject to the exculpation provisions set forth in the Plan, any avoidance action or claim objection regarding an Excluded Party or the WMI Entities, WMB, each of the Debtors’ estates, the Reorganized Debtors and their respective Related Persons; and, provided, further, that “Released Claims” is not intended to release, nor shall it have the effect of releasing, any party from the performance of its obligations in accordance with the Confirmation Order or the Plan."

FIRST - "No Releases """from performing obligations per the Confirmation Order""""

1. The Confirmation Order includes the 7th Amended POR, the related Disclosure Statement which embeds the GSA, the mediated settlement agreement, etc.

2. THERE ARE NO OTHER EXCEPTIONS TO THE RELEASES...NONE.


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